In Houston on Wednesday US District Judge Ewing Werlein delayed the Enron-related conspiracy and wire fraud retrial of former Merrill Lynch executives Daniel Bayly and Robert S. Furst. The trial was scheduled to start next week but Werlein granted the delay because Bayly, Furst and James A. Brown (who is scheduled for a separate retrial) have filed an appeal with the Fifth US Circuit Court of Appeals in New Orleans asking the court to overturn Werlein’s earlier ruling not to dismiss all charges. The three were convicted in 2004 in the Enron Nigerian Barge case but the Fifth Court reversed the convictions in 2006, rejecting the government’s “honest services fraud” theory. The Yahoo/AP story is here.
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