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Ken Lay dies in Colorado


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Note merged two dead Ken Lay threads.

At least the government can still go after his estate.

Maybe in a civil case but I think in a criminal case if the defendent dies after conviction everything goes back to before the trial. I think it's called ab initeo?? [Red?????]

Anyway, it sucks all the way around.

B)

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Maybe in a civil case but I think in a criminal case if the defendent dies after conviction everything goes back to before the trial. I think it's called ab initeo?? [Red?????]

Anyway, it sucks all the way around.

B)

I think nmainguy guy wins today's obscure legal fact award. I was going to respond that you were wrong, when I found this blog, while reading something else.

White Collar Crime Prof Blog

It seems that when a defendant dies while the case is on appeal, like this one, the entire case legally disappears. So, Ken Lay, by benefit of his conviction being under appeal, may achieve in death what he could not do in life...innocence. The prosecution's suit to attach his assets may go away, as well.

Stay tuned.

NOTE: The term is "ab initio", or "from the beginning".

Edited by RedScare
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I think nmainguy guy wins today's obscure legal fact award. I was going to respond that you were wrong, when I found this blog, while reading something else.

White Collar Crime Prof Blog

It seems that when a defendant dies while the case is on appeal, like this one, the entire case legally disappears. So, Ken Lay, by benefit of his conviction being under appeal, may achieve in death what he could not do in life...innocence. The prosecution's suit to attach his assets may go away, as well.

Stay tuned.

NOTE: The term is "ab initio", or "from the beginning".

WOW ! Now Katy can Rename their YMCA back to the Ken Lay "Y". <_<

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Guest danax
It seems that when a defendant dies while the case is on appeal, like this one, the entire case legally disappears. So, Ken Lay, by benefit of his conviction being under appeal, may achieve in death what he could not do in life...innocence. The prosecution's suit to attach his assets may go away, as well.

Makes me wonder if his lawyers told him about this possible scenario. If so, maybe he consciously or subconsiously caused/wished for his own death.

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I think nmainguy guy wins today's obscure legal fact award. I was going to respond that you were wrong, when I found this blog, while reading something else.

White Collar Crime Prof Blog

It seems that when a defendant dies while the case is on appeal, like this one, the entire case legally disappears. So, Ken Lay, by benefit of his conviction being under appeal, may achieve in death what he could not do in life...innocence. The prosecution's suit to attach his assets may go away, as well.

Stay tuned.

NOTE: The term is "ab initio", or "from the beginning".

Can his estate be sued in a civil action?

B)

BTW, now that I know the spelling I looked up the definition and there were many. I thought this one might be particularly annoying:

ab initio

Latin for "from the beginning." This term is used by lawyers intent upon getting their money's worth from a liberal arts education by uttering such statements as "The judge was against me ab initio."

Edited by nmainguy
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Anybody else think this could have been a well-planned suicide?

That thought crossed my mind before, but when I read this about not being able to go after his money, it made sense that he would end his life so that his family would still have money. He may have preferred death to prison.

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Apparently the civil suits can continue against the estate. However, they can no longer rely on the fact of a criminal conviction as evidence, so the civil cases are significantly weakened.

Have the appeals on the criminal conviction been filed yet, or had he just said he was going to appeal?

Amazing that his dying could let his family remain multi-millionaires. Maybe Lay was right, and God really did have a plan for him. :mellow:

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Anybody else think this could have been a well-planned suicide?

That thought crossed my mind before, but when I read this about not being able to go after his money, it made sense that he would end his life so that his family would still have money. He may have preferred death to prison.

H2B,

My suspicious mind tells me the Lays were never going to go without.

B)

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Anybody else think this could have been a well-planned suicide?

That thought crossed my mind before, but when I read this about not being able to go after his money, it made sense that he would end his life so that his family would still have money. He may have preferred death to prison.

You're right. It didn't cross my mind until I read about the financial implications. Think about it: he can die in prison and leave his family penniless and humiliated. Or, he can die now and leave his family enormously wealthy. Maybe he thought it was a simple choice. And don't do it minutes away from one of the best medical centers in the country. Go to some small town where the medical services aren't going to be as good, and do it in the middle of the night on a holiday. :ph34r:

That would make a great plot for a Grisham book!

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Think about it: he can die in prison and leave his family penniless and humiliated. Or, he can die now and leave his family enormously wealthy.
My thoughts exactly, Subdude.

Another thought – does his dying in a state other than where the offences were committed affect any legal rulings?

Edited by Heights2Bastrop
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Do you guys really believe Lay would do something as noble as committing suicide to leave a fortune to his family? Ha!

Two scenarios -- He learned of this ab initio thing and faked his own death to go into hiding and spend his fortune.

Or, his family found out about this ab initio thing and had him killed so they could spend his fortune.

Or, maybe George Bush did it.

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Do you guys really believe Lay would do something as noble as committing suicide to leave a fortune to his family? Ha!

Of course not, the guy had the morals of a jackel. He probably figured in his arrogant little mind he would get off on appeal. He was just pathetic on so many levels.

B)

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He knew this thing from the start ;).

This is probibly one of many scenarios they had planned out, next it's off to get plastic surgery, get new legal documents, and next thing you know Miss Lay will be on the news for finding a new fiance.

...Unless Mrs. Lay was the one who was killed and Ken is posing as her in drag, to conceal his identity.

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