The Enron Task Force has a long history of prosecutorial abuse, which has been documented well each time a new revelation comes to light. But the problem with documenting it is obvious: you have to have the documents! They withheld Andy Fastow’s raw 302 notes, after three different court orders, finally handing a summary over to Jeff Skilling only after Jeff had been convicted. They’ve destroyed evidence (Broadband), intimidated witnesses (Skilling, NatWest Three, Nigerian Barges), outright lied (Skilling, Broadband, Nigerian Barges, Arthur Andersen, NatWest Three) and they’ve generally run amok in court rooms when pro-government judges turn a blind eye to their antics.
So now another giant mudslide of documents have been produced which illustrate, once again, that they are untrustworthy custodians of justice. A slew of documents related to James A. Brown’s defense in the Nigerian Barge case has illustrated beyond any doubt the most egregious occurrences of prosecutorial abuse that I have ever had the misfortune to see.
I wrote about these documents here but I had no idea it was this bad.
What you are about to read will shock you. It will also anger you and it will frighten you. The Enron Task Force did this to innocent people. Even if they were guilty (and they are not!), they do not deserve to have the government steamroll them like this. These men are innocent. And the government’s disgusting behavior is just now coming to light.
Here is some quick background so you understand what you’re looking at:
Katherine Zrike was a Merrill Lynch counsel, as was Dolan. The huge thing the ETF intentionally omitted about Zrike was that the quote that had the buy-back language in it, and how she had tried to negotiate to protect ML but ultimately boiled down to best efforts being the best they could get.
Dolan said that HE took the buy-back language out of an engagement letter to Enron because they would not do a parking transaction and he knew they couldn’t do that.
Jeff McMahon is huge because he supposedly made the first guarantee and was on the phone call. He was emphatic as picked up by at least 3 of the interviewers that there was no further commitment, never guaranteed, etc.
A So the LAWYERS KNEW IT ALL, tried to document it, and the ETF’s whole case was a lie built on hearsay that they knew was refuted by the first-hand evidence they withheld.
For just a preview, this is the government’s summary of Katherine Zrike’s grand jury testimony. THE GOVERNMENT ITSELF highlighted the yellow parts to show what it was withholding. This is a striking, nearly unbelievable document. It depicts a grave Brady violation and proves that James A. Brown (and others) are completely innocent. [You can download this document in its original form here]
If that doesn’t make your blood run cold, here are some more documents that will:
Zrike SEC Testimony Vs Zrike Pre-Trial Brady Summary
More to follow.