very common within the governence of GAAP, Enron didn't not failed on the off b/s financing, it failed because of a faulted business model, The is investigating the part where enron "misled" the investors, the accounting is not the focus here

As with regards to the Fifth, you have to know the contest we are in, this is not a trial, the federal grand jury is conducting an investigation, Per the fifth, I have to right to not answer any question which answers can be used against me. When it comes to a trial, then ken lay would still use the same Fifth under a different context, there is very little you can get from him.

for example, when it comes to a trial, Ken Lay is being asked, did you kill cliff baxter, he has the right not to answer