In Memoriam

Higgledy-Piggledy
Departed Kenneth Lay
Never was sentenced; Ver-
Dict set aside.

Assets may be safe from
Forfeitability.
Justice delayed might be
Justice denied.

After a long, work-imposed writing hiatus, Kenneth Lay's untimely death stirred me from my torpor. My last entry about him contained a prediction about his future prison relationships. His death renders that prediction void. And, more importantly, it renders his conviction void. Consequently, it's not yet clear whether his assets are still subject to forfeiture. They're probably not on the basis of the criminal conviction, and it's not clear what effect the voided criminal conviction will have on the outstanding civil claims against his estate. The law seems tricky in these matters although, apparently there may be some relevant admiralty law that may help those going after his estate.

This is not, of course, to make light of his death. For his family, it is undoubtably a tragedy. And it's not as though he committed suicide and deliberately evaded sentencing -- although rumours of this will probably prove enduring. But the fact remains that he never got to the sentencing phase of the legal process and he never served a day in jail for his part in destroying the fortunes and futures of investors and employees. And that's pretty tragic, too.