I think you mean that Ken Lay hasn't been convicted of anything and therefore I presume too much when I say he and the other Enron execs are big-time swindlers?
Well, then substitute Fastow who's admitted to guilt...or some other, similar perps who've been frog-marched recently...or Keating, Milken, and many others like them. See any of them serving life-sentences for stealing hundreds of millions (or more)...and damaging the lives of thousands?