Kenneth Lay's Legacy: First Thoughts

It will be fascinating now to see whether this tragedy alters the negative perceptions so many people had of Ken Lay and also whether this impacts in some way the sentencing of former Enron CEO Jeffrey Skilling. I doubt the latter but I'm not sure about the former.

As for Lay, he came into his criminal trial with a reputation for being a genial guy whose status at Enron put him above the corporate fraud there. But both of those impressions were shattered during the trial when he was fiesty and combative on the witness stand and many witnesses testified that he was quite involved in the daily business of the company. Yet he was steadfast in his own defense and in defense of his beloved Enron, even after it became clear that the company was a mere shell, rotted out by fraud by top executives.

Lay becomes the second victim, literally, of the Enron disaster. Cliff Baxter, one of Lay's best friends and a former Enron executive, committed suicide in January 2002 as the scandal grew and the specter of Baxter's early death was heavy over the Lay and Skilling trial.

More later.

By Andrew Cohen |  July 5, 2006; 10:29 AM ET
Previous: Ken Lay Dead of Heart Attack | Next: Lay Didn't Get Off Easy


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While death certainly has a way of balancing the books, as it were, I'm afraid I am not a good enough human being to overlook the devastation he imposed on the thousands who depended on him.

Posted by: Columbia, SC | July 5, 2006 11:03 AM

I am suspicious of the circumstance of his death. Smells like a convenience to me. I would hope an autopsy is going to be conducted to determine what caused the heart attack.

Posted by: Jolene Smith | July 5, 2006 11:09 AM

I suspect this was really a suicide. Life wasn't worth living for him. I wonder if he had a life insurance policy.

Posted by: Steve | July 5, 2006 11:21 AM


Posted by: Dezz | July 5, 2006 11:22 AM

let's hope that his assets are frozen immediately, those assets that just days ago were targeted to pay back his victims.

Posted by: jan | July 5, 2006 11:23 AM

and one more thing - I would not characterize Ken Lay as Enron's second victim. Thousands have suffered from what this man did.

Posted by: jan | July 5, 2006 11:25 AM

Those in glass houses should not throw stones. We are all guilty of something. May he rest in peace.

Posted by: FMC | July 5, 2006 11:28 AM

FOX will blame it on the Liberals!!

Posted by: George | July 5, 2006 11:28 AM

One should never celebrate the death of another, even of those who are most evil. To celebrate the death of another is dangerous to one's own spiritual health.

On a more practical level the public has been cheated out of what Mr. Lay knows. It would have been interesting to find out who he might have implicated. I am completely with those who want a full and public autopsy. Until we have such, murder cannot be ruled out.

Posted by: Theo | July 5, 2006 11:29 AM

Well, he certainly deserved to spend a long stretch in prison. But, I'm not surprised to see people making gleeful comments on his death. I guess someone else will have to render the final judgment on Ken Lay's life and death.

Posted by: Ed in VA | July 5, 2006 11:29 AM

The real tragedy is that Lay did not get the chance to rot in jail and contemplate the thousands of lives and livelihoods he ruined as a result of his greed.

Posted by: | July 5, 2006 11:30 AM

He gets to cheat the justice system just as he cheated California, his investors, and his employees.

Agree with the earlier posters. This was suicide. Every effort must now be made to ensure that his heirs do not profit from this POS's shenanigans.

Posted by: George | July 5, 2006 11:30 AM

Isn't it so very convienent. All of Dick's and W's buddies get abandoned, convicted and just when the noose is tightening around their necks, you know the time when a man will tell all just for a small amount of lienency, he up and "dies". What ever happened with Baxter anyways? Everything about his "suicide" seemed fishy even for the casual observer, I guess the CSI's only get deployed when their allowed to. It sure would be nice to see the press do some investigative reporting on Baxter's death. Watch this space in the coming months for Abramoff's untimely "suicide/heart attack/plane crash/car accident".

Posted by: stormkrow | July 5, 2006 11:31 AM

The obvious question is whether or not the prosecutor was offering Lay some consideration of a reduction in sentence, if he would roll over, tell what he knows, and testify against his political Frankenstein monster, George W. Bush, and/or associated major organized crime figures like Richard B. Cheney, convener of the energy policy task force that handed billions in corporate welfare to Enron and its ilk. Can the Washington Post ask any such obvious investigative journalistic questions, or should we just accept the sudden "massive heart attack" story because the spokesperson for a convicted massive fraudster says its so? Like everything associated with "Kenny Boy" and George W, the suggestion that Lay just dropped dead, with no previous indications of heart disease, smells... I am another one who can feel no sympathy for this particular individual and his friends and family beneficiaries of his crimes.

Posted by: Tom Stephens | July 5, 2006 11:32 AM

Well, I guess there goes a sure $2,000.00 contribution to the next Republican presidential candidate. May he rot in hell and be joined there shortly by those who enabled him to victimize so many.

Posted by: Jack | July 5, 2006 11:32 AM

Staged death and with the help of the war criminal Bush probably out of the country right now with lot's of gold bullion.

Bet there is no complete medical exam or verification of his butler's corpse.

Posted by: non-texan | July 5, 2006 11:32 AM

Ken Lay. what can you say? I will never speak bad things about the dead. That would be unkind. I believe Ken Lay was a good man at heart and that is really what maters in life. Yes, Enron failed, but the problem lies within all Americans including myself called greed. We always want more. So, rest in peace beloved and we will remember the good things you did.

Posted by: Craig from Texas | July 5, 2006 11:32 AM

I would imagine that Lay had been holding on to many hopeful thoughts about an acquital. Since the trial there is little doubt that the physical and emotional toll has been tremendous. My interpretation, however, is not that this was the physical manifestation of a man with a conscious - rather I see it as one final self-serving act. He lived with thoughts of depriving thousands of their jobs and retirement for years, but depriving himself during a jail sentence - unthinkable.

Posted by: Warrenton VA | July 5, 2006 11:33 AM

Like a Viking warrior, I am strong enough to weep over the body of my slain enemy.

Posted by: airship | July 5, 2006 11:33 AM

At least he died while on vacation. You know, enjoying a nice vacation. Must've been nice to be able to afford stuff like that. After defrauding so many people.

Posted by: cipher | July 5, 2006 11:33 AM

I'd say now he's got a lot of explaining to do, as the real trial for him begins.

Posted by: jjones | July 5, 2006 11:33 AM

It seems difficult to feel sympathy for a man who died in a vacation home in a fabulously wealthy area of the US most likely purchased by ill-gotten gains. I, for one, find it incredulous that he died of a heart attack. I didn't think the man had a heart.

Posted by: Charlie | July 5, 2006 11:33 AM

Alas Kenny Boy, we hardly knew ye... or your dealings... may your final judgement be to live each life ruined by your greed.

Still, I hope this is investigated.

Posted by: RppPolyp | July 5, 2006 11:35 AM

Ken Lay escaped punishment.

Posted by: Parker | July 5, 2006 11:35 AM


Posted by: Doug | July 5, 2006 11:36 AM

Whatever happened to Rebecca Mark. Wasn't she one among them. Now if you ask her this and she denies, I'm sure we would hear the cock crow. (in fulfillment of the scriptures)

Posted by: David, Ajit - Houston | July 5, 2006 11:36 AM

The Devil is waiting for one of his top guys. Time to pay the fiddler, eh???

Posted by: dcockrell | July 5, 2006 11:38 AM

"By all accounts a genial guy"? Let's hope the CEO of the biggest corporate fraud in history has a genial time in the afterlife -- wherever that may be.

Posted by: Judy | July 5, 2006 11:38 AM

To die in Aspen after robbing so many of their life savings.

This sounds as suspicious as the claim the Lays made earlier about being bankrupt.

Will we hear in a few years about some 'amazing' entrepeneur in Brazil who creates an billiant new empire trading in ethanol? (Meanwhile, the man would actually be using government connections and phony scams to drive up prices for everyone else while cheating his employees of their life savings.)

Posted by: Bill Lenner | July 5, 2006 11:39 AM

I've read here about suicide as a suspicion, but what about murder. Could it be that this is more republican covert action, in the interest of national security? I wonder if Mr. Lay had any information that could have put George and Dick in a bad light.

Posted by: Ted Whitford | July 5, 2006 11:41 AM

I, for one, believe he got off lightly. I sincerely Lay's death doesn't engender any false sympathy such that the government's pending motions to strip him of his ill-gotten gains might be denied. As far as I'm concerned, he and anyone who profitted from his theivery should now be made to suffer the same financial ruin as his countless victims.

Posted by: ned | July 5, 2006 12:18 PM

He had a heart attack at his ski chalet in Snowmass??! At some point, don't convicted criminals have to pay for their crimes? Won't Lay, Skilling and their families have to start racheting down their lifestyle funded with illegal profits? The U.S. government was trying to get $43 million from Lay, but he claimed that he was bankrupt... yet he still had a $7 million Penthouse in Houston, and now obviously didn't sell his $2.5 house in Snowmass...

Posted by: Ken from Wyoming | July 5, 2006 12:25 PM

To those who are theorizing that this was a murder to protect the Bush Administration I have only one thing to say: you can renew your meds for your Bush Derangement Syndrome online at any number of pharmacy sites. Oh yeah, and they're a special on Reynolds Wrap this week so you can stock up before the next election.

Posted by: Red Siegfried | July 5, 2006 12:29 PM

I want to see his body on TV, like they did with Zarqawi. That sounds horrible, but quite frankly, I would not put it past him to fake his death to avoid going to prison. Or, I wouldn't put it past the Bush Administration to have him bumped off if there's a chance he'd offer up some juicy tidbits on George W. or (more likely) Dick Cheney.

I was an Enron stockholder. I want an autopsy, a full medical investigation.
I want some proof.

Posted by: Carrie S. | July 5, 2006 12:29 PM

I've read with great disappointment, dismay, and disturbance - some of the hateful postings on this blog. I knew Ken Lay and Linda. We had a number of conversations about what the prosecution DID, and how they manipulated the facts - because we all know SOMBODY has to pay, and they picked him and Skilling. Did y'all know how many plea bargains were handed out by the prosecution to "testify" in made up implications to attempt to destroy him? All you idiots who are so quick to blame him personnaly have no idea what kind of man he was. The downfall of Enron was mostly due to the short sellers, the liberal press, and those of you who take such glee in bashing President Bush and anybody and everybody who he is acquainted with.

Yes, many lost millions. You haters HAVE to blame somebody. The failure (and death) of Ken's baby that he worked his last years to build and finally, to save, does not make him a criminal. He was crushed by Enron's failure. He had faith that "things will get better". He was the consumate entrepeneur. He was a good man. I am comfortable believing that he is in Heaven now.

All you HATERS out there will have to deal with the Lord when your time comes.

Posted by: Paul Gerdes, Texas | July 5, 2006 12:41 PM

I'm not surprised that he died of a heart attack. I cannot fathom the stress he went through during the past year.

People never talk about the fact that Ken had a personality disorder -- he was a narcisstic egomaniac who thought he could do no wrong. Ken Lay developed an odd belief that he was above everyone else - that's how he acted. He believed his lies, even when no one else did. He was always incredibly impressed with himself.

But then, Ken could no longer lost charm or fast talk his way out of situations, to sell them lies. At some point, he must have realized that much of the world thought he was a demon, that must have chilled him to his core. He couldn't believe that something bad would happen to him, even when he lied, cheated, stole and scammed everyone. He would never thought he deserved it, for in his mind, he'd been elevated above all that.

I am not surprised he was still clutching to a fabulous lifestyle. He was a man in severe denial, living in luxury though facing incredible debts. It says everything about Ken Lay. He was a strange man, living a bizarre rags-to-riches-to-rags life story. He couldn't face the back-to-rags part, nor the thought that people didn't love and worship him anymore. That's what killed him.

Posted by: A former consultant for Enron | July 5, 2006 12:45 PM

"Lay becomes the second victim, literally, of the Enron disaster" - Are you kidding me? What about those who lost their life's savings? They're not victims?

Posted by: Jeff | July 5, 2006 12:48 PM

Dear Former Consultant and all the other "cryptics" out there.

Do you not have the nerve to post your real name?

It looks like all the HATERS and BASHERS have no problem posting here while hiding your identity. Come on guys and gals, if you are going to critisize, tell us who you are.

Who are the real liers? Typical behavior.

Posted by: Paul Gerdes, Texas | July 5, 2006 12:52 PM

Ken Lay may have made some bad choices. But he wasn't a bad guy. He just suffered what happens to a lot of people who rise to great status. Power and money are just incredibly corrupting influences.

We should look at Ken Lay's life and for the messages in it. Even if you hate what he did, you have to think how you would feel if you were his family.

Posted by: Kelly Clark, Virginia | July 5, 2006 12:54 PM

All you conspiracy theorists have just the scenario to keep you going for a while. This may just be God's mercy to help the Lay family put some closure to their ordeal. No one should underestimate how easy it is to fall in the trap of convenient ethics when we are pressured to make difficult choices. One small step at a time--eventually a person is in over his head. Yes, Ken Lay was wrong, but what he did we should all learn from. May God bless all former Enron investors and employees, and may God bless the Lay family.

Posted by: David Phillips | July 5, 2006 12:54 PM

I believe that Lay was incompetent, and that a criminal case against him was unjust. That he was a scapegoat. Angry, hurt, and greedy people could not embrace the idea of incomptence, he had to be a criminal, how else could the fraud have been committed?. The guy that really did the fraud not only sang but composed what the fed wanted.

I am an atheist and a liberal, and despite that, I say Lay was innocent.

Is it so hard to imagine that a guy of 67 after being through extreme stress could croak from a massive heart attack?

Rest in Peace, Ken, and condolences to his loved ones.

Posted by: Gondola | July 5, 2006 12:55 PM

I can't believe that anyone would buy the idea that the "liberal press" somehow destroyed ENron. That was the most ridiculous defence I ever heard.

More than 75% of the media in the United States is owned by companies that are incredibly conservative, such as Rupert Murdoch (who owns Fox) and the Texas-based Clear Channel company. There is no real liberal media anymore, save the New York Times.

I agre with the post above, that what really brought down Enron was the corrupting influence of money and power. Greed is something that can suddenly swallow up anyone.

Posted by: M.J. | July 5, 2006 12:56 PM

Thanks, Gondola. You understand.

Posted by: Paul Gerdes, Texas | July 5, 2006 12:59 PM

Too good for him. I hope he suffered.

Posted by: Grahame | July 5, 2006 12:59 PM

Perhaps they could shroud him in his family's $6,000 shower curtain, paid for by Enron shareholders, for the burial. That would be fitting.

With all due respect for the deceased, this corpse has come to rest after a life as a coward, a crook and an ego-maniac and a career based on lies, contortions and hand-washing. Death can't change the truth. For anyone with any doubts about the characters of Lay and his colleagues, read "Enron: The Smartest Guys in the Room."

For the posters above indicating not to point fingers at Lay, because we're all guilty of something and all Americans are responsible for the Enron debacle due to our truly are living and thinking right in the root of the problem. If you have the courage to face your own guilt and learn a powerful lesson in life, take the time to really look around you and find that there are still people whose lives are unfailingly built upon integrity, honesty and good. Tough pill to swallow, but it is the truth.

Posted by: speculation | July 5, 2006 01:00 PM

The problem with all of this is the same problem that so many Americans have with current White House leadership. This response to trouble of "oh, I didn't know it was happening" or "it was those guys below me" or "blame the CIA" just does not fly when you are CEO or President. The buck stops at the top -- that's why they make the big bucks in the first place (though current executive salary ratios are absurd). The high risk and high pay comes with high responsibility, and all of these guys just shirked it. There is no excuse. When something like this happens you don't get defensive and you don't try to pass off the responsibility. You sell off your assets and you do what's right.

Whether Ken Lay suicided or genuinely had a heart attack, I'm sure his death was a blow to his family. But generating posthumous sympathy that did not exist when a person is living is also sort of disingenuous and disgusting.

Posted by: Erin Hoffman | July 5, 2006 02:38 PM

It is not spiritually healthful to say bad things about those who have died...So I guess it's a good thing that Kenneth Lay's legacy did so much speaking for him while he was still alive.

Some here say that he is not the pirate who looted, pillaged, and plundered Enron until the life savings, retirement, and investments of millions of stockholders were gone. But if you can't blame the CEO of a company for letting it go down the tubes, who is at fault??

The guy may have been decent to his family and close friends, but he destroyed the dreams and futures of so many others. I am relieved to note that many people are not waxing romantic about the man now that he's gone. Now, the people who paid his way with their own retirements no longer have to pay for his prosecution and incarceration expenses.

Posted by: E A Brenner, Berkeley, CA | July 5, 2006 02:47 PM

For Paul Gerdes: Lay was quilty of gross incompetence, and his irresponsiblity should have be dealt in a civil suit. The liberal press might have had a role in his scapegoating in the criminal courts, but it did not cause enron to rot financially from inside. Nor did the short sellers, who cannot destroy good companies, short sellers provide liquidity and also a warning for longs (I know, because I did not buy Enron at bargain prices, because I was knowledgeable about what the shorts were saying about Enron was essentially a shell).

Lay is a stranger to me, I do not like or hate the guy, just think that he was scapegoated for a crime(fraud) which he did not commit.

Posted by: Gondola | July 5, 2006 02:51 PM

Paul Gerdes, Texas: I'm sure it is tough to face that a friend is a criminal. You may feel you know much about Ken Lay, but if you learned a little bit about Enron, business, and crime, you would be doing yourself a service.

Just as an example, pointing to short sellers as a primary reason that Enron collapsed is just so grossly ignorant of the facts. You really have a lot to learn.

Posted by: speculation | July 5, 2006 03:01 PM

Craig from Texas said:
"Yes, Enron failed, but the problem lies within all Americans including myself called greed. We always want more. So, rest in peace beloved and we will remember the good things you did."

I'm confused. The problem for who made the decisions to deceive millions of shareholders about the company's assets, to create a corporate environment which orchestrated rolling blackouts harming the daily lives of millions of Americans, to suborn the perjury of consulting auditors, to make the retirement funds of millions evaporate overnight, etc., that problem lies within all Americans?

Odd, I don't remember wearing a $4,000 suit to a penthouse boardroom meeting and signing off on those decisions. Nor do I remember any of my friends/family mentioning doing it. According to the Law of the United States, Ken Lay is the one who did it.

As for remembering "all the good things [Lay] did", I wouldn't be surprised to hear that Ted Bundy said please and thank you to bank clerks and opened the door for little old ladies, but I don't see how that changes the reality of his crimes or our memory of him.

Reminds me of this cartoon:

Posted by: Another Texan | July 5, 2006 03:32 PM

Although I strongly adhere to my belief that Ken Lay was a criminal and ruined the financial lives of many working individuals and shareholders, I do not wish death upon anyone. It is hard to avoid thinking that "what goes around comes around" in this situation, and for the most part that is the way that I see this, however, it is against me morally to celebrate the death of even my worst enemy

Posted by: AM | July 5, 2006 03:38 PM

Judge not lest ye be judged.

Posted by: RL in DC | July 5, 2006 03:41 PM

Ken Lay was paid hundreds of millions of dollars to preserve and grow Enron's corporate assets for the long term benefit of the stock holders and employees. His responsibility was to understand the operations. The driver of the get away car is guilty if a reasonable person would understand that a bank robbery is underway. The debacle at Enron was not solely Lay's reponsibility and certainly the Board and the "ever so clever" traders deserve blame also. Blaming the culture doesn't get the street level drug dealer out of prison nor should it get the staff and managment of Enron free from justice.

As for short sellers, Ken Lay and the other executives were responsible for building the house of cards that proviced the incentive for short seller to act. It wasn't short sellers per se; it was the lack of long buyers that pulled the card that triggered the collapse.

Ken Lay's death does not restore the health and wealth of the employees who mostly through no fault of their own lost their retirement savings. Perhaps it is a reminder that in the end we all die and we each are responsible for our choices.

Posted by: Sonia Conly | July 5, 2006 03:48 PM

Whatever good Mr. Lay may have done does not mitigate the enormous harm he did to a great many people.

Posted by: VJV, Washington, DC | July 5, 2006 03:53 PM

"Ken Lay's death does not restore the health and wealth of the employees who mostly through no fault of their own lost their retirement savings." (Sonia Conly)

Enron stockholders bought stock. Stocks are not savings accounts protected by the fed govt, they are a RISKY vehicle. Lay did not break the arms of any of the stockholders to buy stock in his company. Their retirment SAVINGS stopped being SAVINGS when they invested in stocks.

I think that this shock that people lost their life savings by investing them in a stock, fueled the setting up of Lay as a criminal scapegoat. The prosecutors pressured their key witness, the accountant, that did the fraud, by indicting his wife, so the guy gave what the prosecuters wanted, and the prosecuters are one ambitious subgroup with political hangerings. And these politically ambitious prosecutors had the blessings of the shocked american public. While the former enron accountant who is the real criminal got off easy. It stinks.

Posted by: Gondala | July 5, 2006 04:21 PM

I don't believe it.

The fingerprints of the corpse should be verified by the department of injustice.

Posted by: fire Uncle sCam | July 5, 2006 04:25 PM

Yes, stocks are risky. But stockholders also have rights, including not to be repeatedly lied to by management. Enron's financial reporting was illegally deceptive. Though Fastow, Skilling, and others were more at the heart of the fraud than Lay, they must all share the blame and the consequences. Additionally, management is required to act in the best interest of the stockholders. This has to shape all their business decisions, including those on management compensation and benefits. The many millions that Lay spent to fly his family around the world for personal gain and satisfaction - just one token example of the fraudulent abuse of shareholder value and interests. Are these the kinds of risks shareholders should have to endure?

Posted by: speculation | July 5, 2006 04:35 PM

None of us are perfect. Granted, what Ken Lay did was wrong, but all of us are guilty of some immorality. Ken Lay's trouble was that he was able to rise to such great heights, so he had that much farther to fall.

Posted by: Louised | July 5, 2006 05:00 PM

While, admitedly, Mr. Lay might have been a mild-mannered man socially, that does not necessarily mean he was such in business. There are lots of examples of people who are quite charming socially, but are ravenous sharks when it comes to business and money.

The defenders who present a picture of Lay as an innocent dupe of liberals, short sellers, Bush haters, and prosecuters, discount the fact that foolish, innocent, trusting, dupes do not become CEO's of companies the size of Enron.

Posted by: jcurran | July 5, 2006 05:10 PM

As with any public figure, personal attacks (and defenses) sound silly and ignorant. Very few people knew Lay as a person, but the important public debate doesn't revolve around his character, but his actions and the context in which they were made. He made exorbitant amounts of money while his employees and stockholders lost their retirement investments. Under his watch, Enron orchestrated the semi-privatization of California's electricity market and then profited from California's ensuing electricity crisis and rolling blackouts.

Corrupt actions are never the sole fault of one person, but diluting the blame rather than pinpointing it does not diminish corruption.

The interesting political question to me is, will President Bush publicly go to Lay's funeral? If he does, he's faced with the embarrassment of going to a disgraced convict's funeral and associating himself with greed and corruption. If he does not go, he shows disloyalty to a friend that would diminish his humanity in the eyes of both his supporters and critics.

Posted by: justice is never simple | July 5, 2006 05:27 PM

This happening was no tragedy - the tragedy was that he was not already behind bars - he should not have died in Aspen unless there were a federal prison there. He was spending ill-gotten money scammed from others who were left penniless...and was allowed to hold and enjoy massive wealth and property that should have been confiscated at trial. This man's career was an obscenity, but he is the poster boy for the "Compassionate Conservative" style of G.W. Bush - stealing from working people to line the pockets of the rich - hasn't this country had enough of these people?

Posted by: Santiago San Diego | July 5, 2006 05:39 PM

Well said Santiago! Hopefully Lay's heirs will not profit from his "untimely" death. If they are able to reap Lay's ill-begotten windfall, then Congress must take another look at the inheritance tax.

Posted by: George | July 6, 2006 12:33 AM

Spider venom, 6 months later lots of fluid around the heart. Lots of that at the test site.

Posted by: Rol1 | July 6, 2006 07:31 AM

Paul, I appreciate that you're trying to defend your friend. But, really? The liberal press had something to do with Mr. Lay's guilty verdict? The press had something to do with all of the things that happened that swindled thousands of their retirement? To say that we're all looking for someone to blame is correct...Where else would the blame lie, if not with the CEO of a corrupt company who takes great pleasure in flaunting his enjoyment of the fruits of his success? Where does the buck stop? Right before him? There is no one higher in the company, so then do we or you blame the President? I mean really, who's left? SO either he was corrupt, greedy, or perhaps you'd like his legacy to be that he was just plain ignorant, and everyone made a fool of him. Its either ignorance or stupidity, you really can't have it both ways.

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