Sean M. Berkowitz
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Sean M. Berkowitz (born 1967) is a former director of the Department of Justice's Enron Task Force. He prosecuted former employees of
Enron Enron Corporation was an American Energy development, energy, Commodity, commodities, and services company based in Houston, Texas. It was led by Kenneth Lay and developed in 1985 via a merger between Houston Natural Gas and InterNorth, both re ...
who were accused of
white collar crimes The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. The crimes are believed to be committed by middle- or upper-class indivi ...
, principally accounting
fraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
. Most significantly, he was the lead prosecutor in the joint trial of
Kenneth Lay Kenneth Lee Lay (April 15, 1942 – July 5, 2006) was an American businessman and political donor who was the founder, chief executive officer and chairman of Enron. He was heavily involved in Enron scandal, Enron's accounting scandal that unr ...
and
Jeffrey Skilling Jeffrey Keith Skilling (born November 25, 1953) is an American businessman who in 2006 was convicted of federal felony charges relating to the Enron scandal. Skilling, who was CEO of Enron during the company's collapse, was eventually sentence ...
. In 2006, shortly after securing guilty verdicts against both, Berkowitz left the Department of Justice to become a partner at
Latham & Watkins LLP Latham & Watkins LLP is an American multinational law firm. Founded in 1934 in Los Angeles, California, Latham is the second-largest law firm in the world by revenue. As of 2022, Latham is also one of the most profitable law firms in the world ...
in Chicago. Berkowitz was assigned to the Task Force in December 2003 from the U.S. Attorney's Office for the Northern District of Illinois, where he led many high-profile prosecutions of white collar crime and corporate fraud. Prior to his five years at the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
, Berkowitz worked for the law firm Katten Muchin Zavis, now Katten Muchin Rosenman LLP, in
Chicago, Illinois Chicago is the List of municipalities in Illinois, most populous city in the U.S. state of Illinois and in the Midwestern United States. With a population of 2,746,388, as of the 2020 United States census, 2020 census, it is the List of Unite ...
.


Lay and Skilling trial

Berkowitz cross-examined Jeffrey K. Skilling (Enron President and COO), sending the former CEO into a temper tantrum on the stand. He was also the ending voice for the prosecution as he concluded the government’s closing arguments to the jury by urging them to send a message to
Lay Lay or LAY may refer to: Places *Lay Range, a subrange of mountains in British Columbia, Canada * Lay, Loire, a French commune *Lay (river), France * Lay, Iran, a village * Lay, Kansas, United States, an unincorporated community * Lay Dam, Alaba ...
and Skilling that "you can’t buy justice, you have to earn it." In his closing arguments, Berkowitz used a large black and white cardboard display with the word "truth" emblazoned on one side and "lies" on other side. "You get to decide whether they told truth or lies, black and white," he told the jury. "Don't let the defendants, with their high-paid experts and their lawyers, buy their way out of this," he said. "I'm asking you to send them a message that it's not all right. You can't buy justice; you have to earn it." On May 25, 2006, after the jury found both Skilling and Lay guilty, Berkowitz scolded the Enron executives, saying that "you can't lie to shareholders, you can't put yourselves in front of your employees' interests. No matter how rich and powerful you are, you have to play by the rules." Berkowitz noted the
FBI The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
spent five years investigating the Enron case and that his team spent many long nights working on the trial, warning other executives who think about committing fraud that "no matter how complicated or sophisticated a case may be, people like that stand ready to investigate." Berkowitz also successfully defended Michael Sussman in the only prosecution brought by
John Durham John Henry Durham (born March 16, 1950) is an American lawyer who served as the United States Attorney for the District of Connecticut (D. Conn.) from 2018 to 2021. By April 2019, the Trump administration assigned him to investigate the origin ...
to have gone to trial. Sussman was accused of lying to the FBI that he represented the Hillary Clinton for President Campaign. The jury acquitted him in its second day of deliberation. Sussman had reported about potential connections between the Trump Organization and Russia.


Education

Berkowitz received his B.A. degree ''
summa cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'' from
Tulane University The Tulane University of Louisiana (commonly referred to as Tulane University) is a private research university in New Orleans, Louisiana, United States. Founded as the Medical College of Louisiana in 1834 by a cohort of medical doctors, it b ...
(with a Dean's Honor Scholarship) in 1989'' and received his J.D. degree
cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'' from
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
in 1992.


Personal

Berkowitz married
Bethany McLean Bethany Lee McLean (born December 12, 1970) is an American journalist and contributing editor for '' Vanity Fair'' magazine. She is known for her writing on the Enron scandal and the 2008 financial crisis. Previous assignments include editor-at-l ...
, a ''Vanity Fair'' magazine editor and one of the authors of the book '' Enron: The Smartest Guys in the Room'', in May 2008.


References


External links


''Washington Post'' article on the Task Force

The Enron homepage
{{DEFAULTSORT:Berkowitz, Sean American prosecutors Enron scandal Tulane University alumni Harvard Law School alumni Living people 1967 births People associated with Latham & Watkins Glenbrook North High School alumni