Sean M. Berkowitz
Encyclopedia
Sean M. Berkowitz is the former director of the Enron Task Force. He was tasked with prosecuting former employees of Enron
who were thought to have engaged in white collar crime, principally accounting fraud
. He was lead prosecutor in the joint trial of Kenneth Lay
and Jeffrey Skilling
. In 2006, shortly after securing guilty verdicts against both, Berkowitz left the Department of Justice to become a partner at Latham & Watkins LLP
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
, Berkowitz worked for the law firm Katten Muchin Zavis, now Katten Muchin Rosenman LLP, in Chicago, Illinois.
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 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."
(with a Dean's Honor Scholarship) in 1989 and cum laude from Harvard Law School
in 1992.
He was an avid high school debater at Glenbrook North High School
(class of 1985). He won the Glenbrook North Distinguished Alumnus Award on May 25, 2007.
, a Vanity Fair magazine editor and one of the authors of the book Enron: The Smartest Guys in the Room
, in May 2008.
Enron
Enron Corporation was an American energy, commodities, and services company based in Houston, Texas. Before its bankruptcy on December 2, 2001, Enron employed approximately 22,000 staff and was one of the world's leading electricity, natural gas, communications, and pulp and paper companies, with...
who were thought to have engaged in white collar crime, principally accounting fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
. He was lead prosecutor in the joint trial of Kenneth Lay
Kenneth Lay
Kenneth Lee "Ken" Lay was an American businessman, best known for his role in the widely reported corruption scandal that led to the downfall of Enron Corporation. Lay and Enron became synonymous with corporate abuse and accounting fraud when the scandal broke in 2001...
and Jeffrey Skilling
Jeffrey Skilling
Jeffrey Keith "Jeff" Skilling is the former president of Enron Corporation, headquartered in Houston, Texas. In 2006 he was convicted of multiple federal felony charges relating to Enron's financial collapse, and is currently serving a 24-year, four-month prison sentence at the Federal...
. 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
Latham & Watkins LLP is a global law firm, one of the largest in the world. Latham currently employs approximately 2,000 attorneys in the United States, Europe, the Middle East and Asia. The firm was started in Los Angeles in 1934 and has extensive Californian roots, but its largest office is now...
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
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, Berkowitz worked for the law firm Katten Muchin Zavis, now Katten Muchin Rosenman LLP, in Chicago, Illinois.
Lay and Skilling trial
Berkowitz cross-examined Jeffrey K. Skilling (Enron President and COO), sending the former CEO into a temper 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 LayKenneth Lay
Kenneth Lee "Ken" Lay was an American businessman, best known for his role in the widely reported corruption scandal that led to the downfall of Enron Corporation. Lay and Enron became synonymous with corporate abuse and accounting fraud when the scandal broke in 2001...
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 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."
Education
Berkowitz graduated summa cum laude from Tulane UniversityTulane University
Tulane University is a private, nonsectarian research university located in New Orleans, Louisiana, United States...
(with a Dean's Honor Scholarship) in 1989 and cum laude from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
in 1992.
He was an avid high school debater at Glenbrook North High School
Glenbrook North High School
Glenbrook North High School, or GBN, is a public four-year high school located in Northbrook, Illinois, a suburb of Chicago, Illinois, in the United States...
(class of 1985). He won the Glenbrook North Distinguished Alumnus Award on May 25, 2007.
Personal
Berkowitz married Bethany McLeanBethany McLean
Bethany McLean is a contributing editor to Vanity Fair magazine, and known for her work on the Enron scandal and the 2008 financial crisis...
, a Vanity Fair magazine editor and one of the authors of the book Enron: The Smartest Guys in the Room
Enron: The Smartest Guys in the Room
Enron: The Smartest Guys in the Room is a 2005 documentary film based on the best-selling 2003 book of the same name by Fortune reporters Bethany McLean and Peter Elkind, a study of one of the largest business scandals in American history...
, in May 2008.