John Kroger was the self-described "arrogant" and "aggressive" federal prosecutor who was tasked to "get scalps quickly" at EBS. As Kroger wrote:
“In most criminal investigations, including white-collar cases, agents and prosecutors typically start with clear proof of a crime… The Broadband investigation was different. When Leslie [Caldwell] tasked me with examining EBS, we had no idea if a crime had been committed there at all.”
John Kroger was a Mafia prosecutor who believed that businessmen are innately greedy and, therefore, easily seduced into committing fraud. Therefore, he essentially treated Enron as a mob-run organization and tried to build his case, not through documentation (which was abundant in the EBS case), but by trying to get witnesses to "cooperate" with the government. In competition with other prosecutors on the Enron Task Force, Kroger rushed his investigation of EBS so that he could be "first on the boards" among the federal prosecutors with his indictiment of EBS executives.
In contrast, Rex Shelby was a successful software entrepreneur with a sterling personal and professional record. Rex ended up at EBS because his successful software venture, Modulus Technologies, was acquired by Enron. Enron acquired Modulus both for its technology and its software engineers. Rex was at EBS for only about 18 months; in that brief period of time, Rex helped create the engineering and development units at EBS and helped launch EBS' first wave of technology applications. Basically, in near-record time, EBS went from near-scratch to a nationwide network and a number of cloud-based applications launched and in use by customers.
When John Kroger indicted a number of EBS executives, he did not expect them to defend themselves at trial. The federal prosecutors wanted to get at Enron Corp. executives, Ken Lay and Jeff Skilling, and they thought that the EBS executives would be easily intimidated by the prosecutors' aggressive tactics and would quickly enter into plea deals. Instead, a number of the EBS executives defied the government's tactics and defeated the prosecutors in a trial which has been described as the government's biggerst humiliation in the Enron prosecutions.
John Kroger, the federal prosecutor, left the Enron Task Force after he brought his indictments, choosing not to face at trial any of the people he had accused of crimes. Rex Shelby, the software engineer, dedicated himself to his own defense, working each day in his attorney's office. He learned the law, helped write his own motions and briefs, and cooperated in the crafting of his own legal defense strategy. He battled the U.S. government for nine yeas and was the last of the Enron defendants to settle his legal case.
So John Kroger was the federal prosecutor who broght the first Enron indictiment, and Rex Shelby was the last Enron defendant to settle his case. Cara Ellison selected the right people to quote in her book's epigraph!