NEW YORK (CNN/Money) - Andersen, which was convicted of obstructing justice for destroying Enron Corp. documents, filed a motion late Tuesday with U.S. District Court in Houston asking a federal judge to invalidate this month's jury verdict and either hand down a judgment of acquittal or grant the former accounting giant a new trial.
The move was not unexpected. Andersen attorneys have maintained that government prosecutors failed to prove that Andersen's shredding and deleting of documents amounted to obstruction of justice.
But jury members pointed to Andersen attorney Nancy Temple's editing of an e-mail message regarding Enron earnings as proof of obstruction of justice.
In Tuesday's motion, Andersen's legal team argues that since the indictment mentioned only shredding of documents, that alteration of a document should not be the basis for a conviction. The motion also argues that altering the document was not criminal.
If Judge Melinda Harmon is not receptive to the motion, attorneys plan to file an appeal with the U.S. Court of Appeals, 5th circuit in New Orleans, according to CNNfn.
Chicago-based Andersen was found guilty in June 16 of obstructing justice for destroying Enron documents while on notice of a federal investigation. The accounting firm has since agreed to stop practicing as of Aug. 31.