U.S. Department of Justice lawyers filed a motion on Sept. 6 to recover more than $40 million from the estate of Kenneth Lay, the former chairman of Enron Corp. who was convicted of fraud on May 25, but died of a heart attack on July 6 before he could be sentenced.

“They must be so frustrated that he passed away,” says Nancy Rapoport, a professor and former dean of the University of Houston Law Center, who has written extensively about the downfall of Enron and the resulting litigation.

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