June 24, 2007

Ben Stein once again sounds off in the NYT on aiding and abetting. As I discuss, he prefers to obfuscate by beating the Enron horse rather than actually dealing with the genuine problems involved in extending aiding and abetting liability. I also show that we might be better off if this were the Enron case because that would give the Court an opportunity to kill scheme liability rather than just cutting off some limbs.