A former executive at energy company Dynegy Inc. whose 24-year
prison sentence for accounting fraud was thrown out by a federal
appeals panel should serve no more than five years, his attorney
said in court papers.
Online Stock Market Trading Jamie Olis, 40, was at a federal detention center in downtown
Houston on Wednesday awaiting his re-sentencing hearing Thursday.
The former accountant and lawyer had the stiffest white-collar
prison sentence in recent corporate scandals until July, when
former WorldCom Inc. chief Bernard Ebbers was given a 25-year term
for overseeing the $11 billion accounting fraud that sent the
telecommunications company into bankruptcy.
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Stock Investing Course The 5th U.S. Circuit Court of Appeals in October upheld Olis'
November 2003 conviction of fraud and conspiracy for his role in a
scheme to disguise debt as cash flow.
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Stock Market Game But the panel overturned Olis' lengthy sentence imposed in March
2004, saying U.S. District Judge Sim Lake in Houston improperly
applied federal sentencing guidelines.
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Stock Investing Game Prosecutors said in court filings that they want Olis to serve
at least 15 years. That would match the prison term imposed in June
2005 on John Rigas, former CEO of Adelphia Communications Corp.,
who was convicted of securities fraud for, along with his sons,
siphoning more than $100 million from the company for personal use
and hiding more than $2 billion in Adelphia debt.
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Journal Prime Rate Street Wall Also to be sentenced Thursday are two other former Dynegy
executives charged in the scheme -- Olis' former boss, Gene Foster,
and former in-house Dynegy accountant Helen Sharkey. Both pleaded
guilty to conspiracy in August 2003.
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Stock Market News Prosecutors recommended that Foster, who testified against Olis,
serve 2 1/2 years in prison and that Sharkey serve 18 months.
Stock Investing Basics But lawyers for Foster and Sharkey want Lake to sentence each to
probation, or a combination of probation and home confinement for
Sharkey, who gave birth last month to twin boys.
Stock Investing Software In determining Olis' original sentence, Lake relied on unrefuted
trial testimony that the University of California, a Dynegy
investor, lost more than $100 million in 2002 when the scheme came
to light. Under then-mandatory sentencing guidelines, defendants
found responsible for a loss exceeding $100 million faced sentences
surpassing two decades.
Stock Market Trading The appeals panel said Lake overstated the investor loss for
which Olis was responsible. The U.S. Supreme Court ruled a year ago
that the guidelines are no longer binding.
Stock Investing For Dummy In court papers, prosecutors argued that Olis was responsible
for stock losses of $20 million to $50 million related to the
company's disclosure in April 2002 that the Securities and Exchange
Commission was investigating the scheme and that Dynegy would
restate cash flows.
Stock Market Crash Olis' attorney, David Gerger, countered in court papers that the
announcement noted other bad news, including Dynegy's intention to
write off its telecommunications business. He also said it was
illogical to attribute all stock losses that day to the scheme
alone.
Stock Investing Tip Dynegy was among a slew of energy merchants that faced
plummeting stock, fleeing investors and increased scrutiny
throughout 2002 in the aftermath of Enron Corp.'s 2001
collapse.
Stock Market Chart ''We suggest that a sentence exceeding five years is not
'necessary,' while less would be 'sufficient.''' Gerger said.
Online Stock Investing Olis has been in prison since May 2004.
Stock Market Crash Of Foster implicated several others in the scheme when he
testified, including former Dynegy finance chief Rob Doty, but no
one else has been charged.
Stock Investing For Beginner Foster's lawyer, Edward McDonough, said in a court filing that
Foster should receive probation because he must support his
children and his wife, a homemaker who has battled depression.
Foster was unemployed from the time Dynegy fired him, Olis and
Sharkey in January 2003 until February last year, when he got a job
as a petroleum landman negotiating oil and gas leases.
Finance Journal Personal Sharkey's lawyer, Jim Lavine, said in a filing that she
shouldn't be sent to prison because her husband, who works full
time, can't adequately care for their newborn sons without her.
Sharkey also cares for her elderly mother, who lives with her and
her husband.
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