Post-trial maneuvering has not been smooth with the overturning of the conviction of the Arthur Andersen accounting firm, the acquittal of a former broadband services executive and the 5th U.S. Circuit Court of Appeals decision to order new trials for four others, McClatchy Newspapers reported Thursday.
In 2006 the appellate court struck down the pivotal "honest services" theory, which enabled prosecutors to pursue suspects who abetted, but did not profit from the alleged fraud.
If Skilling's convictions stand, "the Enron prosecutions were a success," said former Securities and Exchange Commission attorney Peter Henning.
"If it doesn't, prosecutors will have a hard time convincing the public that they took the right approach," he said.