Friday, July 09, 2004

James Comey on Ken Lay and Blakely

The following is from a DOJ Press Conference where James Comey addressed the Ken Lay indictment:

QUESTION: Let me just follow up on that for a second. In your statements you've said that he oversaw a massive conspiracy, that he was a participant?

Is that different in your mind from conceived and initiated the scheme?

COMEY: I shouldn't go there. The indictment speaks for itself, as you'll -- there's more detail in this indictment about the government's allegations with respect to role than in most because the last couple pages are new, in the wake of the Supreme Court's decision with Blakely, and they lay out some of the sentencing factors, where we allege that he had a role of a leader, supervisor, organizer.

COMEY: But beyond that I can't characterize and sort those terms.

QUESTION: Can you give a range of possible jail time or civil penalties, monetary penalties?

COMEY: I cannot. The maximum jail -- if you've been at any press conference I've done before, I stay away from stacking up all the penalties. It's enormous, you know, 150 years. But it will be driven, we hope, by the sentencing guidelines, because the Department of Justice believes they are still valid and in existence. But you can't predict at the outset what they'll be, and especially in light of the Supreme Court's decision, that's even more challenging.

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