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U.S. v. BROWN

No. 05-20319.

459 F.3d 509 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. James A. BROWN; Daniel Bayly; Robert S. Furst; William R. Fuhs, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 1, 2006.

Attorney(s) appearing for the Case

Stephan Edward Oestreicher, Jr. (argued), Sangita Katikineni Rao, U.S. Dept. of Justice, Criminal Div., Washington, DC, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Sidney Katherine Powell (argued), Law Offices of Sidney Powell, Asheville, NC, Deborah Ann Pearce, Powell & Pearce, Austin, TX, for Brown.

Lawrence Saul Robbins (argued), Alice Wan-Ping Yao, Gregory Lawrence Poe, Robbins, Russell, Englert, Orsek & Untereiner, Washington, DC, for Bayly.

John Whitelaw Nields, Jr. (argued), William Lee Webber, Howrey, Simon, Arnold & White, Washington, DC, for Furst.

Seth Paul Waxman (argued), Wilmer, Cutler, Pickering, Hale & Dorr, Washington, DC, Paul A. Engelmayer, Wilmer, Cutler & Pickering, New York City, for Fuhs.

Before REAVLEY, JOLLY and DeMOSS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal arises from a six-week trial in which the Government charged that Enron and Merrill Lynch employees engaged in a conspiracy and scheme to defraud Enron and its shareholders by "parking" an Enron asset — an equity interest in three power-generating barges moored off the coast of Nigeria — with Merrill for six months for the purpose of artificially enhancing Enron's 1999 end-of-year earnings report. Merrill agreed...

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