The Gottesdiener Law Firm Releases Enron 'Lockdown' E-mails WASHINGTON, Jan 15, 2002 (BUSINESS WIRE) -- Two e-mails that Enron sent workers this past Fall concerning the "lockdown" of the company's 401(k) Plan were released today by The Gottesdiener Law Firm (www.gottesdienerlaw.com).
Gottesdiener, the head of the Washington, D.C. 401(k) and pension class action law firm that filed suit in November against Enron Corporation, top Enron officials, Arthur Andersen and other defendants in federal court in Houston to recover some $1 billion in Enron employees' retirement savings (www.enronsuit.com), believes the e-mails show the company's "callous disregard" for its employees.
According to Gottesdiener, many of Enron's employees were in the midst of losing their life savings and their jobs during the "lockdown," which prevented them from selling their shares of Enron stock between October 26, 2001 and November 13, 2001, while the Company spiraled into bankruptcy.
According to Enron, the lockdown was administratively necessary for the company to proceed with a desired change of the 401(k) Plan's trustee and record keeper. However, the suit filed by Gottesdiener on behalf some 15,000 current and former Enron employees disputes that any lockdown was necessary to change service providers. He further alleges that, even if necessary, it should have been postponed to allow employees, who had more than 60% of their account savings in Enron stock, to sell their stock and salvage some of their investment.
The just-released e-mails, according to Gottesdiener, reveal two fundamental problems with the way Company executives handled the lockdown. First, Gottesdiener said, the e-mails show that the Company "arrogantly dismissed the concerns of employees who had been imploring them to delay the lockdown." Second, Gottesdiener said, they also show that the Company issued false information about the lockdown, leading many workers to believe that the lockdown began a week earlier than it did and causing them to miss the opportunity to sell their stock when it was still selling for around $30 a share. According to Gottesdiener, by the time the lockdown was finally lifted, on November 13, 2001, the price of Enron stock had plummeted to under $10 a share.
The first e-mail was issued the night of October 25, 2001, just before the imposition of the lockdown the next day. Gottesdiener explained that the Company issued the email because it had been besieged by workers who were begging the Company to postpone the lockdown to allow them to sell their shares. The e-mail twice acknowledged workers' complaints, saying: "We understand that you are concerned about the timing" of the lockdown and "We understand your concerns." But, the Company said, it was going ahead with the lockdown as planned anyway for its own administrative convenience, saying, "We have been working with Hewitt (the new recordkeeper) and Northern Trust (the old record keeper) since July."
According to Gottesdiener, "In translation, this says: `We know that many of you have all of your savings in Company stock and want to sell it to salvage what you can, but we simply can't be bothered - we've been working on this transition since July and it would be too much trouble to postpone it.'"
The second e-mail was issued on September 27, 2001 and was the Company's initial announcement to employees about the lockdown. The problem here, according to Gottesdiener, was that the information contained in the e-mail was "simply false." The e-mail told employees that the lockdown - which Enron euphemistically termed a "transition" - would begin on October 19th, and not October 26th.
"To ensure that records and individual accounts are converted accurately," the e-mail said, "a transition period of approximately one-month will begin Oct. 19." "During the transition period," the e-mail continued," participants "are not able to transfer funds among investment options" or "request a withdrawal." According to Gottesdiener, that last statement was false: "In fact, workers could have sold their Enron stock between October 19th and October 26th. During just that week, right after the Company issued its dramatic 3rd Quarter statement and the SEC opened its investigation, the stock lost half of its value." Gottesdiener said that many workers did not sell during that week based on the Company's statement that they could not do so.
"Where were Ken Lay and other top Company officials all while this was going on? The answer seems to be: On the phone to the Bush administration asking for a bailout," Gottesdiener said.
Gottesdiener's reference was to the fact that while the Company was refusing workers' calls to postpone the lockdown, Enron's Chairman Kenneth L. Lay and other top officials, who personally made tens of millions of dollars from selling off their Enron stock, were telling Bush administration officials that without some form of government assistance, Enron was looking at bankruptcy.
"Enron's arrogance in refusing to delay the lockdown, knowing what it knew, is simply stunning. From the beginning to the end of the lockdown, October 26th-November 13th, the stock lost another third of its value," Gottesdiener explained. "We are obviously pursuing all this in court but the pension laws have to be strengthened to prevent this type of victimization of workers in the future."
NOTE: The e-mails are available at enronsuit.com.
ABOUT THE GOTTESDIENER LAW FIRM
Based in Washington, D.C., the Gottesdiener Law Firm and its principal attorney, Eli Gottesdiener, specialize in complex civil and criminal litigation on behalf of plaintiffs and defendants in federal and state courts. Mr. Gottesdiener has prosecuted some of the leading pension and 401(k) plaintiffs' class action cases in the country, including Mehling v. New York Life Ins. Co., a pending pension and 401(k) class action case against New York Life Insurance Company; Gottlieb v. SBC Communications, Inc., a 401(k) class action against SBC; and Franklin (I and II) v. First Union Corp., two 401(k) class actions against First Union Corporation that were recently successfully settled for $26 million. |