-Caveat Lector-

>>>Lay's used to be a potato chip if it still isn't ... A<:>E<:>R<<<

http://abclocal.go.com/ktrk/news/11703_zbus_enron.html

Grand jury investigates former Enron chairman's loans

By The Associated Press
(1/17/03- Houston) — A grand jury investigating activities of former Enron Corp.
chairman Ken Lay has reportedly heard testimony from two former members of
the fallen energy trading company's board of directors.

Sources told the Houston Chronicle in Friday's editions that Charles LeMaistre
and John Duncan were called this week as information witnesses on Lay but
were not targets themselves. Grand jurors for months have been investigating
stock trades by and company loans to Lay, the sources said.

LeMaistre, the retired head of University of Texas M.D. Anderson Cancer Center
who ran the Enron board's compensation committee, and Duncan, a former Gulf
& Western Industries executive who also served on the compensation
committee, left the board last February.

Federal investigators have been trying to determine if Lay broke insider-trading
laws when he sold $70 million in stock in 2001 as the company plunged toward
bankruptcy. Attorneys for Houston-based Enron filed what was then the largest
corporate bankruptcy in U.S. history on Dec. 2, 2001.

After more than six months of meetings, the grand jury has already indicted
former Enron Chief Financial Officer Andrew Fastow and three British ex-
bankers. The panel is also investigating Enron's broadband division to determine
whether its financial and technological performance was misrepresented by
company officers, including former CEO Jeff Skilling.

"The directors are cooperating with the Department of Justice as they have
cooperated with other investigating bodies," Neil Eggleston, a Washington, D.C.-
based lawyer for the board members, told the newspaper.

An Enron Task Force prosecutor investigating Lay, Samuel Buell, would not
comment Thursday about the investigation. Prosecutors are not allowed to
discuss grand jury proceedings.

Last May, former Enron board members were also called to testify last May
before a Senate subcommittee investigating the company. Board members told
the panel they had no idea that Lay was withdrawing millions in loans and
repaying the money with stock options.

The Senate Governmental Affairs Committee's Permanent Subcommittee on
Investigations issued a report in July criticizing the board for allowing Lay to
draw down repeatedly on a line of credit, then repay the loan with stock.

Lay used the credit line between October 2000 and October 2001 to obtain $77
million from the company, repaying with Enron stock.

LeMaister earlier told the Senate committee, "We never had any responsibility to
monitor this."

But the panel's report blasted the directors for ignoring red flags about Enron's
financial and accounting practices, arguing that only the board could control
Lay's behavior.

An attorney for the directors responded that they "can't be in a position to check
on every fact going on in a company" and that they were themselves kept in the
dark or lied to sometimes.

The newspaper said grand jurors have heard in recent months from Enron's
former general counsel, Lay's secretaries, accountants and even his children.
This week, a secretary of Lay's reportedly testified before the grand jury.

Mike Ramsey, Lay's lawyer, did not return a telephone call early Friday from The
Associated Press. Ramsey has earlier said nothing was wrong with Lay's trading
or his use of the loan options he had at the company.

(Copyright 2003 by The Associated Press. All Rights Reserved.)
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Last Updated: Jan 17, 2003
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