Lea Fastow Rejects Deal
Wow. Enron wife Lea Fastow turned down the plea deal and will go to trial on Feb. 10.
All we can say is she has one of the best criminal defense lawyers in the country--Mike DeGeurin--and if he's supporting her decision, it's very likely the Government's case is weak. The rejection very well may be a statement by the defense that avoiding the risk of losing at trial was worth a five month sentence and not a day more. Even though she faces years in prison if she's convicted.
Lea Fastow is charged with six counts, including conspiracy to commit wire fraud and money laundering, aiding and abetting and filing false tax returns. Her Indictment is here (pdf).
If she's convicted, she will be sentenced in accordance with the Federal Sentencing Guidelines. The guidelines initially will be calculated according to the dollar amount of any fraud or loss to the victims, the dollar amount of any laundered money and the dollar amount of the tax evasion. Plus, she would be held accountable for all relevant conduct.
She could even be sentenced for conduct she was acquitted of, in the event a jury returned a verdict of guilty on less than all counts. U.S. Sentencing Guidelines Manual § 1B1.3(a)(2) requires a court to consider all such conduct done in connection with any larger course of criminal conduct of which the offense of conviction was a part. Courts can consider conduct of which a defendant was acquitted for sentencing purposes, so long as the conduct is proven by a preponderance of the evidence. United States v. Watts, 519 U.S. 148 (1997). In other words, the reasonable doubt standard applies only at trials, not at sentencings.
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