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Category Archives: Double Jeopardy

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Fifth Circuit Enron Opinion–One Prosecution Theory’s “Willing Beneficiary” is Another Prosecution Theory’s “Victim”

Posted in Double Jeopardy

This week, the Fifth Circuit Court of Appeals issued an opinion in United States v. Brown, Case No. 08-20038 (5th Cir. 2009). The defendants in Brown were former Merrill Lynch employees charged with conspiring with employees of failed energy corporation Enron to “park” certain of Enron’s “assets” with Merrill Lynch to artificially enhance Enron’s earnings… Continue Reading