Fifth Court Denies DOJ Appeal Of Howard Dismissal In Enron Broadband Case

US District Judge Vanessa Gilmore on January 31, 2007 dismissed the five-count conviction of former Enron Broadband CFO Kevin Howard (Houston Chronicle story here) after a ruling by the US Circuit Court of Appeals for the Fifth Circuit, in a separate Enron case, that the government’s “honest services fraud” theory was improper. Prosecutors had conceded that four of the counts of conviction should be vacated but appealed the dismissal of the fifth. Now in a decision filed on Tuesday, the Fifth Circuit has rejected the DOJ appeal (Howard Decision). Prosecutors have not indicated if they will seek to retry Howard (h/t Houston’s Clear Thinkers).