| Just Following Orders |
November 2002
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Fastow in A Glass Booth
Former CFO of Enron, Andrew Fastow, faces a 78-count indictment, which could put him in jail for 780 years -- however, Federal sentencing guidelines will reduce that considerable if he's found guilty. And we must remember, he is presumed not guilty until a jury says otherwise. By employing a variation of the Nuremberg Defense, though, his lawyer is telling us something different, and it is painful to hear.
According to his lawyers, Andrew Fastow's work was approved by his superiors. His alleged theft by fountain pen and ledger entry is acceptable because the person he reported to said so. Perhaps Mr. Fastow should retain other counsel.
At Nuremberg, the genocidal leaders of the Third Reich claimed that the millions they killed were the responsibility of the late A. Hitler, that they could not be guilty because they were just following orders. The judges decided otherwise -- obeying an unlawful command is a crime.
Fastow's lawyers are taking this into even more morally unsavory territory. Fastow was not, apparently, obeying orders, but rather, he was engaged in actions that were approved of after the fact. Rather like, "Mein Fuhrer, in pursuit of your eugenics goals, I have arranged for the killing of millions of civilians." And it's alright, if the reply is, "Good work. I like your initiative."
Andrew Fastow probably should go to jail for the crimes he stands accused of, but with the kind of cash he allegedly made off with in bonuses and options, you'd think he could get a better lawyer.