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Conviction of Qwest's Nacchio reversed on appeal, could Enron's Skilling be next?

By Douglas A. Berman

Though technically not about sentencing, it is relevant to the white-collar sentencing world that (according to this WSJ report), "the U.S. Court of Appeals for the 10th Circuit in Denver has ordered a retrial of former Qwest head Joseph Nacchio [voting] 2-1 to overturn all 19 guilty counts ... saying that Judge Edward Nottingham had improperly excluded an expert witness ready to testify for Nacchio."  As also reported by the WSJ Law Blog here, a different attack by defense counsel claiming government misconduct threatens to bring down the conviction of Enron's Jeff Skilling.  Good lawyers often can make white-collar trial convictions look questionable, especially when appearing before business-friendly appeal courts (just like good lawyers can often make capital convictions look questionable when appearing before abolition-friendly appeal courts)...continue to full post

Full post as published by Sentencing Law and Policy on March 17, 2008 (boomark / email).