United States v. Reliant Energy, et al. (N.D. Cal.) (2007)

Michael Emory Clark

Case Conclusion Date:February 1, 2007

Practice Area:White Collar Crime

Outcome:Deferred Prosecution Agreement

Description:This prosecution was one of several actions arising from the collapse of the deregulated California energy markets during the energy crisis of 2000-2001. The government's theory involved a novel application of the Commodities Exchange Act. After a lengthy process, including an unsuccessful appeal by the government to the U.S. Court of Appeals for the Ninth Circuit as to a pretrial ruling, the case was resolved when, on the eve of trial following the remand, the government's offered deferred prosecution agreements to all defendants. For additional details, see RESISTING ARREST: Reliant Energy insisted that they hadn’t committed a Crime during the California Blackouts. Turns out They were Right, THE AMERICAN LAWYER (Nov. 8, 2007)