Daniel Petrocelli asked a 5th U.S. Circuit Court of Appeals panel on Wednesday to throw out Jeffrey Skilling’s conviction. The 2006 Houston trial in which Skilling was convicted on criminal counts related to the collapse of Houston’s Enron Corp. was “fundamentally unfair and defective,” Petrocelli told the three judges.

Petrocelli told the judges that, because of the 5th Circuit’s 2006 opinion in United States v. Brown, they should reverse the judgment against former Enron CEO Skilling. In Brown, the court held that a corporate employee does not unlawfully deprive his employer of his honest services when the employee’s conduct was carried out in pursuit of the employer’s goals.

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