If not, then Skilling will be released and a new trial will be set in place.
So Mr Fastow's cooperation may spell trouble for his former bosses, Kenneth Lay and Jeffrey Skilling.
Skilling is indeed a very smart man, though, and he quickly recovered from these initial fumbles.
Former Enron CFO Andrew Fastow takes the witness stand and buries ex-boss Jeffrey Skilling.
State prosecutors in Massachusetts did not heed the lesson of Skilling in the Cahill case.
FORBES: The Cahill Prosecution In Massachusetts: Vagueness Is Still A Problem After Skilling
Jeffrey Skilling abandoned ship to spend more time with his family, months before Enron hit bottom.
Did Skilling and Lay violate federal securities laws requiring financial statements to be truthful and reliable?
The fallout: Skilling was found guilty of 19 of the 28 counts against him.
On appeal, Skilling and Lay may argue that the evidence was unfair and prejudicial.
Skilling and Lay have some powerful arguments if they appeal their convictions, Podgor said.
The second most hotly awaited witness, Skilling reportedly seemed at turns skittish, hesitant and occasionally vitriolic.
Eventually, there were trials and a number of people, including Skilling, went to jail.
FORBES: Enron's Jeffrey Skilling May Get Out Of Jail Sooner Than Expected
Skilling has been in jail for years, as has former media mogul Conrad Black.
The roller-coaster ride that Lay and Skilling went through was bound to manifest itself somehow.
On Thursday, Lay and Skilling's 12 peers returned their verdict at 12 noon EST.
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In what is being called an accidental overdose, John Taylor Skilling (20), has died.
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The government's closing argument capped a strong case against ex-Enron CEOs Jeffrey Skilling and Kenneth Lay.
Jeffrey Skilling's lawyer must convince at least one juror his client isn't a liar.
And Skilling did indeed keep on telling the world that the broadband business was going well.
And it went like that throughout the day, a jockeying for control between Berkowitz and Skilling.
Mr. Skilling, I know it's difficult for you to sit here and answer questions, Berkowitz replied.
Skilling repeatedly refused to acknowledge that Enron was using the Raptors to hide its failures.
In Houston, former Enron CEO Jeffrey Skilling took the stand for his second day of cross-examination.
No, let's not move on, let's talk about the financial documents, Skilling replied with confidence.
Jeff Skilling stepped in and he, too, went off to jail for several years.
"The challenge for prosecutors is to convince the jury that Skilling is guilty, " Carney says.
It was the moment everyone watching the trial had been waiting for, Skilling on the stand.
NPR: Skilling Takes Stand, Proclaims Innocence at Enron Trial
In building their case, prosecutors obtained guilty pleas from executives just below Mr Skilling.
He is accused of taking over leadership of the conspiracy when Mr Skilling left.
Unfortunately for Skilling, the court left intact his other convictions for fraud and insider trading.
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