Enron Trial Spawns Trading, Betting
Originally published on February 10, 2006.
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By KRISTEN HAYS - The Associated Press
HOUSTON (AP) - Long before Enron Corp. drowned in scandal, its
former chiefs Kenneth Lay and Jeffrey Skilling trumpeted the company's
savvy in creating trading markets beyond energy. Now it turns out they
are the subjects of futures contracts that allow investors to wager on
whether they will be convicted of fraud and conspiracy charges.
Intrade, a futures market based in Dublin, Ireland, creates trading
vehicles based on everything from which film will win best picture at
the Academy Awards to whether bird flu will be discovered in the United
States before March 31. It recently added contracts on whether jurors
will convict Lay of at least four charges and whether they will find
Skilling guilty on at least 16 counts.
And a Costa Rica bookmaking Web site has posted odds on the same bet.
Lawyers for the two men criticized such speculation on the future of
their clients, who would face decades in prison if convicted. "I think
it's abhorrent, betting on people's lives," Skilling lawyer Daniel
Petrocelli said. Added Michael Ramsey, Lay's lawyer: "It should
probably be illegal. That's an invitation to tamper with the case."
Prosecutors contend Lay and Skilling lied to investors about Enron's
financial health before it filed for bankruptcy protection in December
2001. The defendants counter that there was no fraud and they are
innocent of any wrongdoing. The trial, which will begin its third week
on Monday, is expected to last four months or more.
Enron's once-envied trading operation sought to create markets in
commodities beyond energy, such as metals and Internet bandwidth.
On Friday, when court was not in session, the trading at Intrade
showed a more than 60 percent chance that Lay would be convicted of at
least four of the seven counts of fraud and conspiracy against him. For
Skilling, trading showed about a 75 percent chance he would be
convicted on more than half the 31 counts of fraud, conspiracy, insider
trading and lying to auditors pending against him.
"I can predict that it's going to be very volatile for the next few
weeks. As more information comes out, you'll be able to see what the
markets are hanging on and what the markets think are important," said
Intrade spokesman Mike Knesevitch.
Intrade created a trading market for last year's molestation trial
of Michael Jackson, who was acquitted. Those contracts settled at zero
because of the acquittal - as will those on Lay and Skilling if jurors
exonerate them or finds them guilty of less than the requisite number
of charges.
Intrade's other such markets include a 24 percent probability that
U.S. Rep. Tom DeLay will be convicted in a Texas trial on
money-laundering charges.
"The major difference between us and a bookie is the fact that we
allow individuals to make markets in these events in the same way they
make markets in a stock," Knesevitch said.
Oddsmakers for the Costa Rican site, http://www.betCRIS.com
, consider a conviction so likely that they require betters to put up a
lot of money to win a little, Chief Executive Officer Mickey Richardson
said in an e-mail.
The Costa Rica site places odds of a Lay conviction at 1 to 50 and
an acquittal at 1 to 1.05. For Skilling, the site places odds of
conviction at 1 to 100, and acquittal at 1 to 1.
That means betters stand to pocket less money if the men are
convicted because oddsmakers consider that the most likely outcome,
Richardson said.
For example, betters would get $51 if they bet $50 and Lay is
convicted, and $101 if they bet $100 and Skilling is convicted. If the
odds were 50 to 1, betters would only have to wager a dollar to win $50.
The even or nearly even odds for acquittal means oddsmakers give Lay
and Skilling a 50/50 chance of being found not guilty. In that event,
betters would double their money.
Oddsmakers in Las Vegas and London aren't taking similar bets.
Bob Scucci, race and sports book manager for the Stardust
Hotel-Casino, said Nevada gaming regulations restrict them to taking
bets on sports.
Graham Sharpe, spokesman for London bookmaker William Hill, said his
outfit doesn't post odds on court cases because "it's a recipe for
legal disaster."
And Nick Weinberg, spokesman for leading British bookmaker
Ladbrokes, said in an e-mail, "it was decided that on the grounds of
taste, we would have to give it a miss," he said.
Richardson said his site posted odds of 1 to 30 that Martha Stewart
would be convicted of lying about a stock sale in her 2004 trial. But
other recent high-profile trials - such as that of former WorldCom
chief Bernard Ebbers last year that ended with his conviction of
orchestrating an $11 billion fraud - didn't warrant odds, Richardson
said.
This story by The Associated Press ran in over fifty news outlets. Some of them are below: