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Kenneth Lee Lay (April 15, 1942 – July 5, 2006) was an American businessman who was the founder, chief executive officer and chairman of
Enron Enron Corporation was an American energy, commodities, and services company based in Houston, Texas. It was founded by Kenneth Lay in 1985 as a merger between Lay's Houston Natural Gas and InterNorth, both relatively small regional companies. ...
. He was heavily involved in the eponymous accounting scandal that unraveled in 2001 into the largest bankruptcy ever to that date. Lay was indicted by a
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
and was found guilty of 10 counts of securities fraud at
trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
. Lay died in July 2006 while vacationing in his house near
Aspen, Colorado Aspen is a home rule municipality that is the county seat and the most populous municipality of Pitkin County, Colorado, United States. The city population was 7,004 at the 2020 United States Census. Aspen is in a remote area of the Rocky Mounta ...
, three months before his scheduled sentencing. A preliminary autopsy reported Lay died of a heart attack caused by
coronary artery disease Coronary artery disease (CAD), also called coronary heart disease (CHD), ischemic heart disease (IHD), myocardial ischemia, or simply heart disease, involves the reduction of blood flow to the heart muscle due to build-up of atherosclerotic pla ...
. His death resulted in a
vacated judgment A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. ...
. Lay left behind "a legacy of shame" characterized by "mismanagement and dishonesty". In 2009 a list posted on portfolio.com ranked Lay as the third-worst American CEO of all time. His actions were the catalyst for subsequent and fundamental corporate reform in regard to "standards of leadership, governance, and accountability". Lay was one of America's highest-paid CEOs; between 1998 and 2001, he collected more than $220 million in cash and stock in Enron, selling 1.7 million of those shares. However, during his trial in 2006, Lay claimed that Enron stock made up about 90% of his wealth, and that his
net worth Net worth is the value of all the non-financial and financial assets owned by an individual or institution minus the value of all its outstanding liabilities. Since financial assets minus outstanding liabilities equal net financial assets, net ...
at that time was negative $250,000.


Early life

Lay was born in the
Texas County, Missouri Texas County is a county located in the southern portion of the U.S. state of Missouri. As of the 2020 census, the population was 24,487. Its county seat is Houston. The county was organized in 1843 as Ashley County, changing its name in 1845 t ...
, town of Tyrone, the son of Omer and Ruth ( Rees) Lay. Lay's father was a
Baptist Baptists form a major branch of Protestantism distinguished by baptizing professing Christian believers only (believer's baptism), and doing so by complete immersion. Baptist churches also generally subscribe to the doctrines of soul compete ...
preacher and Lay grew up in poverty after the family's general store failed. Later in Lay's childhood, his family relocated to
Columbia, Missouri Columbia is a city in the U.S. state of Missouri. It is the county seat of Boone County and home to the University of Missouri. Founded in 1821, it is the principal city of the five-county Columbia metropolitan area. It is Missouri's fourth ...
, and Lay attended David H. Hickman High School and the
University of Missouri The University of Missouri (Mizzou, MU, or Missouri) is a public university, public Land-grant university, land-grant research university in Columbia, Missouri. It is Missouri's largest university and the flagship of the four-campus Universit ...
, where he studied
economics Economics () is the social science that studies the Production (economics), production, distribution (economics), distribution, and Consumption (economics), consumption of goods and services. Economics focuses on the behaviour and intera ...
, receiving a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
in 1964 and a
Master of Arts A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...
in 1965. He served as president of the
Zeta Phi Zeta (, ; uppercase Ζ, lowercase ζ; grc, ζῆτα, el, ζήτα, label=Demotic Greek, classical or ''zē̂ta''; ''zíta'') is the sixth letter of the Greek alphabet. In the system of Greek numerals, it has a value of 7. It was derived fr ...
chapter of the
Beta Theta Pi Beta Theta Pi (), commonly known as Beta, is a North American social fraternity that was founded in 1839 at Miami University in Oxford, Ohio. One of North America's oldest fraternities, as of 2022 it consists of 144 active chapters in the Unite ...
fraternity at the University of Missouri. He earned a
Doctor of Philosophy A Doctor of Philosophy (PhD, Ph.D., or DPhil; Latin: or ') is the most common Academic degree, degree at the highest academic level awarded following a course of study. PhDs are awarded for programs across the whole breadth of academic fields ...
in economics from the
University of Houston The University of Houston (UH) is a Public university, public research university in Houston, Texas. Founded in 1927, UH is a member of the University of Houston System and the List of universities in Texas by enrollment, university in Texas ...
in 1970. He worked at
Humble Oil Humble Oil and Refining Co. is a defunct American oil company founded in 1911 in Humble, Texas. In 1919, a 50% interest in Humble was acquired by the Standard Oil of New Jersey which acquired the rest of the company in September 1959. The Humble b ...
as an economist from 1965 to 1968 in the Corporate Planning Department. In 1968, Lay entered the
Officer Candidate School An officer candidate school (OCS) is a military school which trains civilians and Enlisted rank, enlisted personnel in order for them to gain a Commission (document), commission as Commissioned officer, officers in the armed forces of a country. ...
for the
United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...
where, from 1968 to 1971, he rose to the rank of lieutenant and was the special assistant to the Navy Comptroller and Financial Analyst at the Office of Assistant Secretary of the Navy in the Department of the Navy at
The Pentagon The Pentagon is the headquarters building of the United States Department of Defense. It was constructed on an accelerated schedule during World War II. As a symbol of the U.S. military, the phrase ''The Pentagon'' is often used as a metony ...
.


Career

Lay worked from 1971 to 1972 as a technical assistant to commissioner and vice chairman ( federal energy regulator) of the
Federal Power Commission The Federal Power Commission (FPC) was an independent commission of the United States government, originally organized on June 23, 1930, with five members nominated by the president and confirmed by the Senate. The FPC was originally created in 1 ...
and served as the energy deputy under secretary for the United States Department of Interior until 1974. In 1974, he returned to the business world as an executive at
Florida Gas Transmission Florida Gas Transmission is a natural gas pipeline which brings gas from Texas, Louisiana, Mississippi, and Alabama into Florida. The pipeline is owned 50% by Energy Transfer Partners (Owner/Operator) and 50% by Kinder Morgan Partnership, each re ...
and was president of Continental Resources from 1981 to 1982. In 1982, he joined Transco Energy Company, owner of the
Transcontinental Pipeline Transcontinental Gas Pipe Line (Transco) is a natural gas pipeline which brings gas from the Gulf coast of Texas, Louisiana, Mississippi, and Alabama, through Georgia, South Carolina, North Carolina, Virginia, Maryland, and Pennsylvania to deliver ...
, in Houston and held the positions of president, chief operating officer and director until 1984 when he became chairman and CEO of the Houston Natural Gas Company. By the time energy was deregulated in the 1980s, Lay was already an energy company executive and he took advantage of the new climate when Omaha-based
InterNorth InterNorth Inc. was a large energy company headquartered at the Northern Natural Gas Building in Omaha, Nebraska, in the United States, specializing in natural gas pipelines but also a force in the plastics industry, coal and petroleum exploration ...
bought his company
Houston Natural Gas Houston Natural Gas Corporation (HNG) was a gas utility headquartered in Houston, Texas. The company was acquired by InterNorth Inc. in 1985, with HNG executives taking top positions at InterNorth. Following the transaction, InterNorth was renamed ...
and changed the name to
Enron Enron Corporation was an American energy, commodities, and services company based in Houston, Texas. It was founded by Kenneth Lay in 1985 as a merger between Lay's Houston Natural Gas and InterNorth, both relatively small regional companies. ...
in 1985. He was also a member of the board of directors from 1993 to 2001 of
Eli Lilly and Company Eli Lilly and Company is an American pharmaceutical company headquartered in Indianapolis, Indiana, with offices in 18 countries. Its products are sold in approximately 125 countries. The company was founded in 1876 by, and named after, Colonel ...
and a director at Texas Commerce Bank. In 1996 he held negotiations to replace Robert E. Allen as the CEO of
AT&T AT&T Inc. is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the world's largest telecommunications company by revenue and the third largest provider of mobile tel ...
.


Political involvement

Lay was a friend of the
Bush family The Bush family is an American dynastic family that is prominent in the fields of American politics, news, sports, entertainment, and business. They were the first family of the United States from 1989 to 1993 and again from 2001 to 2009, and w ...
including former President
George H. W. Bush George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...
. He made monetary contributions, led several committees in the Republican Party and was co-chairman of Bush's 1992 re-election committee. As President, Lay flew Bush and his wife to Washington on an Enron corporate plane. In December 2000, Lay was mentioned as a possible candidate for either
United States Secretary of Energy The United States secretary of energy is the head of the United States Department of Energy, a member of the Cabinet of the United States, and fifteenth in the United States presidential line of succession, presidential line of succession. The po ...
or
Secretary of the Treasury The United States secretary of the treasury is the head of the United States Department of the Treasury, and is the chief financial officer of the federal government of the United States. The secretary of the treasury serves as the principal a ...
under
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
. He was not nominated because it was decided that the administration already included too many energy businessmen from
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
. Lay additionally had friendly relations with the Republican politicians
Gerald R. Ford Gerald Rudolph Ford Jr. ( ; born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was an American politician who served as the 38th president of the United States from 1974 to 1977. He was the only president never to have been elected ...
,
Dick Cheney Richard Bruce Cheney ( ; born January 30, 1941) is an American politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He is currently the oldest living former U ...
, and James A. Baker III as well as the Democratic politicians
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
and
Ann Richards Dorothy Ann Richards (née Willis; September 1, 1933 – September 13, 2006) was an American politician who served as the 45th governor of Texas from 1991 to 1995. A Democrat, she first came to national attention as the Texas State Treasurer, ...
. He encouraged
John Ashcroft John David Ashcroft (born May 9, 1942) is an American lawyer, lobbyist and former politician who served as the 79th U.S. Attorney General in the George W. Bush administration from 2001 to 2005. A former U.S. Senator from Missouri and the 50th ...
to campaign in the 2000 Republican Party presidential primaries, although this was partially to ensure him as a spoiler candidate to help Bush win the race. From 1989 to 2002, Lay's political contributions totaled $5.8 million, with 73% going to Republicans, and 27% going to Democrats. From 1999 to 2001, he gave $365,410 to the Republican Party.


Enron bankruptcy and trial

Lay's company, Enron, went bankrupt in 2001. At the time, this was the biggest bankruptcy in U.S. history. In total, 20,000 employees lost their jobs and in many cases their life savings. Investors also lost billions of dollars. On July 7, 2004, Lay was indicted by a
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
in
Houston, Texas Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 in ...
, for his role in the company's failure. Lay was charged, in a 65-page indictment, with 11 counts of
securities fraud Securities fraud, also known as stock fraud and investment fraud, is a deceptive practice in the stock or commodities markets that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in los ...
,
wire fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to fraud, defraud another, and are Federal crime in the United States, federal crimes there. Jurisdiction is claimed by the ...
, and making false and misleading statements. The
trial of Kenneth Lay and Jeffrey Skilling The trial of Kenneth Lay, former chairman and CEO of Enron, and Jeffrey Skilling, former CEO and COO, was presided over by federal district court Judge Sim Lake in 2006 in response to the Enron scandal. Timeline * The trial began on January ...
commenced on January 30, 2006, in Houston. Lay insisted that Enron's collapse was due to a conspiracy waged by short sellers, rogue executives, and the news media. On May 25, 2006, Lay was found guilty on six counts of conspiracy and fraud by the jury. In a separate bench trial, Judge Lake ruled that Lay was guilty of four additional counts of fraud and making false statements. Sentencing was scheduled for September 11, 2006, and rescheduled for October 23, 2006.


Death

Lay died on July 5, 2006, while vacationing in
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
. The
Pitkin County Pitkin County is a county in the U.S. state of Colorado. As of the 2020 census, the population was 17,358. The county seat and largest city is Aspen. The county is named for Colorado Governor Frederick Walker Pitkin. Pitkin County has the sev ...
Sheriff's Department confirmed that officers were called to Lay's house in
Snowmass, Colorado Snowmass (sometimes known locally as Old Snowmass) is an unincorporated community and a U.S. Post Office located in Pitkin County, Colorado, United States. It is situated in the valley of the Roaring Fork River, near the mouth of Snowmass Creek ...
, near
Aspen Aspen is a common name for certain tree species; some, but not all, are classified by botanists in the section ''Populus'', of the ''Populus'' genus. Species These species are called aspens: *'' Populus adenopoda'' – Chinese aspen (China ...
at 1:41 am
Mountain Daylight Time The Mountain Time Zone of North America keeps time by subtracting seven hours from Coordinated Universal Time (UTC) when standard time ( UTC−07:00) is in effect, and by subtracting six hours during daylight saving time ( UTC−06:00). The clo ...
. Lay was taken to Aspen Valley Hospital, where he was pronounced dead at 3:11 am MDT. The autopsy indicated that he died of a heart attack brought on by
coronary artery disease Coronary artery disease (CAD), also called coronary heart disease (CHD), ischemic heart disease (IHD), myocardial ischemia, or simply heart disease, involves the reduction of blood flow to the heart muscle due to build-up of atherosclerotic pla ...
, and found evidence that he had suffered a previous heart attack. A private funeral for about 200 people was held in Aspen four days after his death. His body was cremated and his ashes were buried in an undisclosed location in the mountains. A memorial service was held a week after his death at the First United Methodist Church in Houston. It was attended by over 1,000 guests including
George H. W. Bush George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...
and
James Baker James Addison Baker III (born April 28, 1930) is an American attorney, diplomat and statesman. A member of the Republican Party, he served as the 10th White House Chief of Staff and 67th United States Secretary of the Treasury under President ...
. On October 17, 2006, the conviction was overturned due to abatement ''ab initio'', a legal doctrine which says the death of a defendant during an appeal results in a
vacated judgment A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. ...
. The government opposed Lay's attorneys' motions of appeal. The
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
issued a statement saying it remained committed to pursuing all available legal remedies for victims of the fraud.


Personal life

At the time of his death Lay had been married to his second wife, Linda, since 1982. Both Linda, and his first wife, Judith, supported Lay through the trial and made appearances at court. Kenneth Lay had two children, three stepchildren, and twelve grandchildren.


See also

*
Timeline of the Enron scandal The Enron scandal was an accounting scandal involving Enron Corporation, an American energy company based in Houston, Texas. Upon being publicized in October 2001, the company declared bankruptcy and its accounting firm, Arthur Andersen then on ...
*
Jeffrey Skilling Jeffrey Keith Skilling (born November 25, 1953) is an American businessman who is best known as the CEO of Enron Corporation during the Enron scandal. In 2006, he was convicted of federal felony charges relating to Enron's collapse and eventual ...
*
Richard Kinder Richard Kinder (born October 19, 1944) is an American businessman. He is the co-founder and executive chairman of Kinder Morgan Inc., an energy and pipeline corporation. Early life Richard Kinder was born in Cape Girardeau, Missouri, in 1944. ...
* David L. Sokol *
Northern Natural Gas Building The Northern Natural Gas Building, also known as the 2223 Dodge Street Building, is located at 2223 Dodge Street in the Park East neighborhood of Downtown Omaha, Nebraska, United States. It is a , 19-story skyscraper that ranks seventh, among Oma ...
* Texas Commerce Bank Headquarters * Texas Commerce Tower * Enron Complex * Lou Pai


Notes


References


External links


US v. Skilling and Lay
indictment document (2.3MB
PDF Portable Document Format (PDF), standardized as ISO 32000, is a file format developed by Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, hardware, and operating systems. ...
).
Calling Inquiries a Distraction, Enron Chief Quits Under Pressure, The New York Times, January 24, 2002Ken Lay's political campaign contributionsLay, Skilling guilty in Enron Scandal
– MSNBC

Obituary * {{DEFAULTSORT:Lay, Kenneth 1942 births 2006 deaths American chief executives American corporate directors American energy industry executives American Enterprise Institute American fraudsters Eli Lilly and Company people United States Navy officers Enron people Fraud in the United States George Washington University faculty People from Harris County, Texas People from Texas County, Missouri University of Houston alumni University of Houston System regents University of Missouri alumni Hickman High School alumni Businesspeople from Columbia, Missouri Enron scandal American United Methodists 20th-century Methodists 21st-century Methodists Texas Republicans American chief executives of Fortune 500 companies