Jeff Skilling is liable not only for his own ill-gotten gains but those of the late Ken Lay as well, prosecutors said in motion filed today.

Jeff Skilling is liable not only for his own ill-gotten gains but those of the late Ken Lay as well, prosecutors said in motion filed today. 2

That stance by prosecutors clearly sets out an argument they had alluded to in an earlier motion that defendants convicted of conspiracy are responsible for not only their own criminal proceeds but for each other’s as well.

Skilling is “liable for the proceeds attributable to all co-conspirators, indicted or unindicted, including Lay,” wrote prosecutor Sean Berkowitz, the head of the Enron Task Force.

Today’s filing is the latest volley between prosecutors and Skilling as to how much Skilling is responsible for paying.

The government, using a legal device known as a “money judgment,” said it wants $183 million from Skilling — $140 million of which prosecutors tied directly to Skilling and $43 million they link to Lay.

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