Published July 05, 2006
HOUSTON – Enron Corp. founder and former CEO Kenneth Lay, who was convicted for his role in one of the largest instances of business fraud in U.S. history, died of coronary artery disease and there was no evidence of foul play, according to a forensic pathologist who performed the autopsy.
Mesa County Coroner Robert Kurtzman told reporters in a televised news conference in Grand Junction, Colo., Wednesday that his preliminary examination showed clogged coronary arteries to be the cause of death. Lay died hours earlier on Wednesday while vacationing at a rental home near Aspen.
Lay was awaiting an Oct. 23 sentencing for his convictions in the Enron collapse and was expected to face a lengthy prison term.
Nicknamed "Kenny Boy" by President Bush, Lay led Enron's meteoric rise from a staid natural gas pipeline company formed by a 1985 merger to an energy and trading conglomerate that reached No. 7 on the Fortune 500 in 2000 and claimed $101 billion in annual revenues.
He was convicted May 25 along with former Enron CEO Jeffrey Skilling of defrauding investors and employees by repeatedly lying about Enron's financial strength in the months before the company plummeted into bankruptcy protection in December 2001. Lay was also convicted in a separate non-jury trial of bank fraud and making false statements to banks, charges related to his personal finances.
Skilling, reached by telephone at his home in Houston, told The Associated Press that he was aware of Lay's death.
"No, I don't have any comment," he said quietly. But his lawyer, Daniel Petrocelli, described Skilling as "devastated."
"Jeff and Ken worked closely over the years, and Jeff will miss him dearly," Petrocelli said.
Prosecutors in Lay's trial also declined comment Wednesday, both on his unexpected death and what may become of the government's effort to seek a $43.5 million judgment from Lay that they say he pocketed as part of the conspiracy. Lay's death will not affect their case against Skilling.
The Pitkin, Colo., Sheriff's Department said officers were called to Lay's house in Old Snowmass, Colo., shortly after 1 a.m. MDT (3 a.m. EDT). He was taken to Aspen Valley Hospital, where he was pronounced dead at 3:11 a.m. MDT.
Family spokeswoman Kelly L. Kimberly issued a statement saying, "Ken Lay passed away early this morning in Aspen. The Lays have a very large family with whom they need to communicate. And out of respect for the family, we will release further details at a later time."
Burt Palmer, the church's executive pastor, told The Associated Press that the Lays attended church in Houston on Sunday. "The church continues to love them and help them walk through this difficult time."
Pastor Steve Wende said Lay seemed healthy when he attended services in Houston on Sunday, and even believed God may have had a purpose for him in prison.
"He was very much at peace with his future, he had a perspective on what had happened, he even bore no ill will for the jury or all of the people who might want to say terrible things about him," Wende said.
Lay had built Enron into a high-profile, widely admired company, the seventh-largest publicly traded in the country. But Enron collapsed after it was revealed the company's finances were based on a web of fraudulent partnerships and schemes, not the profits that it reported to investors and the public.
When Lay and Skilling went on trial in U.S. District Court Jan. 30, it had been expected that Lay, who enjoyed great popularity throughout Houston as chairman of the energy company, might be able to charm the jury. But during his testimony, Lay ended up coming across as irritable and combative.
He also sounded arrogant, defending his extravagant lifestyle, including a $200,000 yacht for wife Linda's birthday party, despite $100 million in personal debt and saying "it was difficult to turn off that lifestyle like a spigot."
Both he and Skilling maintained that there had been no wrongdoing at Enron, and that the company had been brought down by negative publicity that undermined investors' confidence.
His defense didn't help his case with jurors.
"I wanted very badly to believe what they were saying," juror Wendy Vaughan said after the verdicts were announced. "There were places in the testimony I felt their character was questionable."
Lay was born in Tyrone, Mo. and spent his childhood helping his family make ends meet. His father ran a general store and sold stoves until he became a minister. Lay delivered newspapers and mowed lawns to pitch in. He attended the University of Missouri, found his calling in economics, and went to work at Exxon Mobil Corp. (XOM) predecessor Humble Oil & Refining upon graduation.
He joined the Navy, served his time at the Pentagon, and then served as undersecretary for the Department of the Interior before he returned to business. He became an executive at Florida Gas, then Transco Energy in Houston, and later became CEO of Houston Natural Gas. In 1985, HNG merged with InterNorth in Omaha, Neb. to form Enron, and Lay became chairman and CEO of the combined company the next year.
Reuters and the Associated Press contributed to this report.