Fastow gets 6 years

Citing Andy Fastow's cooperation with government prosecutors, the suffering his family experienced after the fall of Enron and Fastow's own penitent attitude, U.S. District Judge Kenneth Hoyt sentenced the former Enron financial chief to six years in prison and two years' probation yesterday, just over half his maximum possible sentence of 10 years.

Fastow was indicted on 98 counts of conspiracy, money laundering and insider trading in 2002 for his role in Enron's collapse, but he cut a plea deal in 2004 under which he pleaded guilty to two counts of conspiracy in exchange for the maximum 10-year sentence. Earlier, one of Fastow's lawyers, John Keker, had asked Hoyt to give Fastow five years in prison and three years' probation, saying Fastow had tried to make amends and noting that he wasn't the only person responsible for the Enron failure. But during yesterday's hearing, a teary Fastow told Hoyt he would take whatever punishment was handed down: "I wish I could undo what I did at Enron, but I can't. ... I will serve my sentence as part of my repentance that I've already begun," he said. After the sentence was announced, Fastow was given a few minutes with his wife, Lea, then was taken into custody and transported to the federal detention center on Texas Avenue.

Not surprisingly, some ex-Enron employees said they weren't too happy with Fastow's reduced sentence: "He was lucky to have been given a 10-year sentence. Anything less is a complete travesty," Garrett Ashmore, a former Enroner, told the Chronicle. And Ron Jordan, who leads a coalition of former employees, said Fastow cooperated with the government "very reluctantly," noting that he only helped out "when he had to save himself."

The only former employee to speak for victims in court yesterday — the offer was open to any who wanted to — was Brian Durbin, an investor who lost money when the company went down. "When theft and fraud occur within a company, what chance do investors have?" he asked. "Is it asking too much not to be ripped off?" That was when Fastow told Durbin, "I am trying to undo the damage I caused. I wish I could undo what I did at Enron, but I can't."