The Enron Barge case was the second trial by the Enron Task Force — the first case tried against individual defendants. This firm represented James Arthur Brown, the former head of Merrill Lynch’s Asset Leasing and Management. Unlike all other Enron cases, the government did not charge the Merrill defendants with securities fraud, but rather, prosecuted the case under an unprecedented use of the honest services provision of the wire fraud statute. The first case tried by the Enron Task Force, United States v. Arthur Andersen, LLP, was reversed by the Supreme Court in a unanimous decision.

Denied bail pending appeal, the defendants served up to one year in prison.  Finally, the Fifth Circuit reversed 12 out of 14 counts of conviction against all the Defendants, finding that the indictment was fatally flawed because of the honest services charge.  It acquitted Defendant Fuhs entirely after he had served eight months in a maximum security prison.  All Defendants were released from prison–after having served sentences up to a year on invalid convictions.

After disclosure of thousands of pages of Brady material, the government ultimately dismissed the conspiracy and wire fraud counts.  The Fifth Circuit denied Brown’s appeal for new trial on perjury and obstruction of justice.  For more information on this, read Licensed To Lie: Exposing Corruption in the Department of Justice.

Brown’s Reply on Certiorari

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

Petition for a Writ of Certiorari

Petition for Panel Rehearing of Defendant-Appellant James A. Brown

Petition for Rehearing En Banc of Defendant-Appellant James A. Brown

Reply Brief of Defendant-Appellant James A. Brown

Motion for Reconsideration and Review by a Three Judge Panel of Brown’s Motion to Strike the Government’s Brief, Disqualify all Department of Justice Attorneys and Abate the Appeal

Brown’s Motion to Strike the Government’s Brief, Disqualify all Justice Departments Attorneys, and Abate the Briefing Schedule

Brief of Appellant James A. Brown

8/10/10
Brown’s Opposition to Government’s Motion to Strike Brown’s Motion for James Hearing

7/30/10
Brown’s Reply on Supplemental Briefing in Support of His Motion for New Trial
Brown’s Opposition to Government’s Motion to Strike Brown’s Emergency Motion to Compel

7/22/10
Brown’s Emergency Motion to Compel the Production of Brady Material

7/9/10
Motion for New Trial
Exhibit A-1
Exhibit A-2
Exhibit A-3
Exhibit B-1
Exhibit B-2
Exhibit C
Exhibit D
Exhibit E
Exhibit F

7/1/08
Brown’s Reply Brief on Interlocutory Appeal

5/1/08
Brown’s Brief on Interlocutory Appeal

3/24/08
Motion to Dismiss Indictment for Egregious Prosecutorial Misconduct
Appendix Charts
Exhibits A-C
Exhibits D-E
Exhibits F-I
Exhibits J-L
Exhibits M-S
Exhibits T-Y

1/16/08
Second Supplemental Brady Motion

1/7/08
Brown’s Reply in Support of His Motion for Leave
Exhibit A

8/22/07
Brown’s Motion to Dismiss the Indictment

8/12/07
Brown’s Motion to Compel the Production of Documents and Brady Material

8/13/07
Brown’s Opposition to the Government’s Motion to Revoke Bond

1/17/07
Brown’s Petition for Writ of Certiorari

10/18/06
Appendix to Brown’s Petition for Writ of Certiorari

9/13/06
Petition for Panel Rehearing of Appellant James A. Brown

8/3/06
Brown’s Motion for Release on Conditions Instanter

8/1/06
USA v. Brown

11/14/05
Reply Brief of Appellant James A. Brown

7/26/05
Brief of Appellant James A. Brown

6/8/05
Motion for Panel Reconsideration of Brown’s Expedited Application for Release

4/25/05
Expedited Application for Release Pending Appeal on Behalf of James Arthur Brown

3/24/05
Defendant James Arthur Brown’s Motion for Release on Bond Pending Appeal

3/2005
Brown’s Reply to the Government’s Revised Opposition to Brown’s Expedited Application for Release Pending Appeal