安然前CFO被判入狱六年

Enron's Fastow Is Sentenced to Six Years in Jail

安然前CFO被判入狱六年

In a courtroom crowded with teary family and friends, Enron's former chief financial officer, Andrew Fastow, was sentenced to six years in jail today for his role in the collapse of what was once the world's largest energy company.

安然前CFO安德鲁·法斯托今天因与安然——曾经全球最大的能源公司倒闭案有关而被判六年监禁。伤心的家人和朋友挤满了今天的法庭。

He will serve two additional years at home under court supervision. The total sentence of eight years is two years less than the maximum provided in his plea agreement with government prosecutors.

对他的判决还包括2年监外执行。总共的刑期为8年，这比他与政府检察官的达成的诉辩交易条件的最高刑期减少了2年。

Judge Kenneth M. Hoyt of the Federal District Court in Houston set the sentence after three lawyers representing Enron shareholders said Mr. Fastow, who pleaded guilty to two counts of wire and securities fraud in 2004, was a crucial witness in their cases against several banks that allegedly participated in fraudulent deals to conceal Enron's massive debt.

3位代表安然股东的律师表示，法斯托承认了2004年的2起欺诈，分别是电传欺诈和证券欺诈，这是证实关于一些银行涉嫌参与了隐瞒安然的大宗负债的欺诈交易的关键证据。在此之后，休斯敦的联邦法院法官肯尼思·M·霍伊特调整了刑期。

While thousands of people lost their jobs and savings when the company declared bankruptcy in 2001, only one disgruntled investor appeared in court to argue against leniency. Brian Durbin said he and his family had been "victims of an elaborate scam" and said Mr. Fastow should serve no less than the 10 years specified in his plea agreement. "A deal's a deal," he said, though he said he had prepared his statement before he knew Mr. Fastow was cooperating in the shareholder lawsuits.

2001年安然公司宣布破产，虽然有成千上万的人失去了他们的工作和积蓄，但是只有一位投资商因不满法斯托的刑期减免出庭。布莱恩·杜宾表示，他和他的家庭是“一起精心策划的阴谋的受害者”，法斯托应该受到比他认罪条件所认定的10年更长的刑期的惩罚。他说：“交易就是交易，”虽然是在他得知法斯托正配合股东诉讼案前他就已经准备好了这份声明。

In explaining his decision, Judge Hoyt said he had to "examine the relationship between justice and mercy." Although Mr. Fastow had "drunk the wine of greed," he said, the former high-flying executive had been the "subject of great persecution" including anti-Semitic slurs and personal threats.

霍伊特法官在解释他的决定的时候说他不得不“把握好公正和怜悯的尺度。”他说，虽然法斯托“喝了贪婪之酒，”但这位前任高高在上的主管也一度是“遭受迫害的对象”，比如受到了反犹太主义的冲击和人身威胁。

The judge also cited the incarceration of Mr. Fastow's wife, Lea. She served a year in jail for her role in a fraudulent Enron tax return. During that time, Mr. Fastow was left to care for his two young sons alone. Acknowledging Mr. Fastow's devotion to his family and community service while simultaneously working to redress his crimes at Enron, Judge Hoyt said, "The best evidence of remorse is what you do going forward."

法官还引用了他妻子丽亚入狱的例子。她因为安然税收欺诈案被判入狱1年。在这段时间里，法斯托被迫独自照顾两个未成年的孩子。作为对法斯托对家庭的忠诚和对社区的服务的认可，以及同时他还致力于改正他在安然公司的犯罪行为，霍伊特法官说：“最好的悔悟的证据是你所有挽救的措施。”

Although Mr. Fastow's lawyers and government prosecutors asked that he be allowed to surrender voluntarily after the Yom Kippur holiday on Monday, Judge Hoyt refused. Mr. Fastow was allowed to briefly embrace his wife before U.S. Marshals escorted him from the courtroom in handcuffs.

尽管法斯托的律师和政府检察官请求能让他在赎罪日假期后主动自首，但霍伊特法官拒绝了这一请求。法官允许法斯特在被法警带离法庭前轻轻拥抱他的妻子。

"We're very disappointed he was remanded into custody," said Chris Patti, counsel for the University of California, which is a plaintiff in pending shareholder litigation. "I'm not sure what this will mean for us."

作为未裁决的股东诉讼案的原告，加州大学的辩护律师克里斯·巴蒂说：“很遗憾他还是被收监了。我还不知道这对我们来说意味着什么。”

Mr. Patti and other lawyers involved in Enron civil cases had asked the judge at today's hearing to allow Mr. Fastow to remain free until at least October 23, the date they hoped to conclude his deposition. October 23 is also the date Enron's former chief executive, Jeffrey Skilling, will be sentenced.

巴蒂和其他与安然民事案件有关的律师在今天的审讯中请求法官归还法斯托的自由，一直到10月23日，也就是他们希望他结束宣誓作证的那一天。那天安然前执行总裁杰弗里·斯吉林将被宣判。

Another lawyer representing shareholders, Lawrence Irving, testified that Mr. Fastow was "critical" to their case. Referring to Mr. Fastow's testimony in the trials against his former bosses Mr. Skilling and Kenneth Lay, Mr. Irving said, "I have never seen a more impressive witness." Mr. Lay died of a heart attack in July before serving any jail time.

另外一名股东代理律师劳伦斯·埃尔文证实，法斯托将是这些案件关键的证人。在谈到法斯托在审讯他的前任上级斯吉林和肯尼斯·雷德证词时，埃尔文说：“我还没有看到比这更重要的证据。”在入狱前，雷7月份死于心脏病。

United States Attorney John Hueston testified that the cases against Mr. Skilling and Mr. Lay were weak until Mr. Fastow agreed to help the Justice Department's Enron Task Force: "He allowed the U.S. government to bring jurors inside the executive suite."

联邦检察官约翰·休斯顿证实，在法斯托同意帮助司法部安然案件行动小组前，斯吉林和雷的案件没有进展。“在他的帮助下，联邦审查员的工作轻松多了。”

Mr. Hueston said Mr. Fastow worked with prosecutors for "in excess of 1,000 hours to untangle the web" of deceit and proved "credible, contrite and truthful" on the witness stand. Moreover, Mr. Hueston said Mr. Fastow was "truly repentant" and "not the same person introduced to the Task Force in 2003."

休斯敦说法斯托与检察官一道“花了超过1000小时来解开这张满是谎言的大网”，证明了他作为目击者是“可靠的，有悔意的和诚实的”。除此之外，休斯敦说法斯托“真的非常后悔”，“与2003年调查组说的那个人大不一样”。

Mr. Hueston requested that Mr. Fastow be imprisoned in a federal penitentiary in Bastrop, Texas, where he can be treated for his dependency on anti-anxiety medication. The judge said he would recommend that facility but that the decision would be made by the Bureau of Prisons. During his remarks, Mr. Hueston did not argue for or against the maximum 10-year sentence.

休斯敦请求把法斯托关押在德克萨斯州巴斯多普的联邦监狱，在那里可以治疗他对抗焦虑药物的依赖性。法官说他可以建议使用那些治疗设备但最终的决定由美国联邦监狱局做出。根据他的话，休斯敦没有对10年的刑期表示支持或反对。

Mr. Fastow also addressed Judge Hoyt. Choking back tears, he said he felt shame and regret for his actions. Turning to face Mr. Durbin, the shareholder, Mr. Fastow apologized. Speaking of his friends and family, he said, "I've failed them and have to work everyday of my life to regain their trust."

法斯托也表达也对霍伊特法官的感谢。他满含泪水的说他对他的行为感到可耻，非常后悔。他也对股东杜宾表示歉意。说到他的家人和朋友时，他说：“我辜负了他们。我将会在我的有生之年努力工作，赢得他们的信任。”