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Former Enron investor relations official gets two years probation

Former Enron Investor Relations Supervisor and Corporate Secretary Paula Rieker received a sentence of two years probation from Judge Melinda Harmon of the US District Court for the Southern District of Texas in Houston on October 6.

Rieker's probation sentence compares favorably with the two-and-a-half-year sentence handed down in early September to former Enron North America and Enron Energy Services CEO David Delainey and the six-year sentence given to ex-Enron CFO Andrew Fastow on September 26. Rieker testified at the trial of ex-Enron CEO Jeffrey Skilling and former Chairman Kenneth Lay.

US government lawyers filed October 3 a motion for a "downward departure from the advisory sentencing guidelines," which Judge Harmon used to sentence Rieker. The government's motion was signed by Sean Berkowitz and John Hueston, the lead prosecutors from the Enron Task Force who argued the case against Skilling and Lay.

On May 25, a jury found Lay guilty of six counts of Enron-related offenses, plus four counts of personal bank fraud. Lay died of an apparent heart attack on July 5. Skilling was found guilty on 19 of 28 charges. He is due to be sentenced October 23 by US District Judge Sim Lake.

On May 19, 2004, Rieker -- who had worked for Mark Koenig, Enron's head of investor relations -- entered a guilty plea to one count of insider trading, which carries a maximum sentence of 10 years in prison.

The government said in its October 3 motion that Rieker had "carefully detailed at trial how, on the eve of an earnings release, she discovered that Enron would miss by one penny a newly revised consensus expectation by stock analysts."

Rieker "provided the jury with a key recollection of Skilling's involvement in tailoring and amending a press release in a manner that misled the investing public," the government said.

They added: "Together with the testimony of her supervisor Mark Koenig, Rieker provided compelling accounts of how those statements materially misled investors."

In the motion, the government added that Rieker "provided particularly powerful evidence" in the government's case against Lay. They told Harmon that Rieker was "the first government witness to address broadly Lay's involvement in misrepresenting the true financial state of Enron."

"For instance, she described unheeded warnings to Lay that he was misleadingly describing the true nature of profits from Enron Energy Services," the company's retail electricity unit, it said.

"Most importantly, as the former Enron Corporate Secretary during the critical third and fourth quarters of 2001, she deciphered for the jury comprehensive and detailed notes of interactions between Lay and fellow board members," the government said in the motion.

"After Rieker agreed to cooperate, her supervisor, Mark Koenig, entered into a cooperation agreement of his own. Koenig, in turn, proved to be one of the most credible witnesses at the trial of Lay and Skilling," the government said.

Koenig pleaded guilty in August 2004 to aiding and abetting securities fraud. He faces up to 10 years in prison and a fine of $1 million. Koenig is set to be sentenced by US District Judge Ewing Werlein in Houston on November 17 at 10:30 am CST.

October 6, 2006

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Platts Enron trial Former Enron investor relations official gets two years probation 2006-10-06

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