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Non-Tech : The Enron Scandal - Unmoderated -- Ignore unavailable to you. Want to Upgrade?


To: Jorj X Mckie who wrote (398)1/18/2002 5:59:50 AM
From: stockman_scott  Read Replies (1) | Respond to of 3602
 
Enron and Its Auditor Arthur Andersen Trying to Pin Responsibility on Each Other for Collapse

By MARCY GORDON
AP Business Writer
Friday January 18, 2:42 am Eastern Time

WASHINGTON (AP) -- Enron Corp. (NYSE:ENE - news) and its auditor, Arthur Andersen, are trying to pin responsibility on each other for allowing questionable financial practices to continue and push Enron toward bankruptcy. Enron abruptly fired Andersen, citing its destruction of thousands of documents and its accounting advice.


Sniping back, Andersen said Thursday its relationship with Enron ended in early December when the company slid into the biggest corporate bankruptcy in U.S. history. Thousands of employees lost their jobs and many had their retirement accounts -- predominantly in Enron stock -- essentially wiped out.

Andersen's chief executive, Joseph Berardino, said the accounting firm's officials dutifully informed Enron's general counsel after learning of the concerns of an Enron executive in August. Enron told the Andersen officials that it had engaged a law firm to investigate, Berardino noted.

Both Enron and Andersen are under increasing scrutiny from Congress and federal law enforcement agencies for their roles in the failure of the world's largest energy-trading concern. One of the Andersen auditors has been talking freely to congressional investigators, and key employees in both companies have blamed senior officials for the debacle.

``We can't afford to wait any longer,'' Enron Chairman Kenneth Lay said in a statement, announcing that Enron's board of directors had dismissed Andersen -- which earned huge fees over the years from Houston-based Enron.

The firing came as evidence grew that the Andersen auditors had serious questions about Enron's financial practices as early as a year ago, but did nothing to correct them.

Enron announced it was severing a relationship with Andersen on Thursday just hours after the House Energy and Commerce Committee demanded that Andersen provide more documents detailing what the auditors knew about Enron's use of partnerships to keep hundreds of millions of dollars in debt off the company's books.

Patrick Dorton, an Andersen spokesman, said the Big Five accounting firm remained ``committed to continuing to address the issues related to the collapse of Enron in a forthright and candid manner.''

As to Andersen's dismissal by Enron, Dorton said, ``Our relationship with Enron ended when the company's business failed and it went into bankruptcy.''

Andersen has acknowledged it destroyed Enron-related documents, possibly as early as September. Lay cited the document shredding and Andersen's sacking of the head of its Enron account, David Duncan, as reasons for dropping the firm.

In addition to investigations by the Justice Department and the Securities and Exchange Commission, 10 congressional committees or subcommittees are examining the Enron collapse and Andersen's auditing of the energy trader's books.

Documents obtained by the House committee's investigators show that senior managers at Andersen raised concerns about Enron's accounting practices -- and problems they might bring with the SEC -- in February and considered dropping the company then as a client.

During a high-level meeting that month, Andersen executives expressed concern about Enron's off-the-books accounting for profits from its complex web of partnerships, especially one headed by Andrew Fastow, who also was Enron's chief financial officer at the time. Fastow made some $30 million from the partnerships, according to investigators.

Summarizing the meeting, Andersen accountant Michael Jones wrote in an e-mail that the discussions ``focused on Fastow's conflicts of interest ... and the amount of earnings Fastow receives'' from the partnership while also Enron's top financial officer.

Another document obtained by the congressional investigators disclosed that Andersen officials were told in August by an Enron vice president, Sherron Watkins, of her serious concerns about the off-the-books deals at Enron and that the company ``will implode in a wave of accounting scandals.''

However, Andersen decided to continue to work for Enron, noting that the fees from the Enron account could reach $100 million a year and that the risks posed by Enron's business practices could be managed.

The Jones memo went to Duncan, Andersen's lead Enron auditor, who was fired by the accounting firm earlier this week.

Jones suggested that Andersen further investigate whether the SEC might have problems with Enron's use of its partnerships. Duncan has told House investigators that no such investigation was pursued.

Enron acknowledged to the SEC on Nov. 8 that it had overstated its profits by $586 million as it shielded losses in the partnerships, including the one headed by Fastow.

Andersen, in a statement, characterized the February 2001 meeting about Enron as not unusual and said its purpose was to provide a general review of the Enron account.

In related developments:

--SEC Chairman Harvey Pitt said the Enron collapse was just the latest in a series of horrific accounting failures at big companies that burned investors and eroded their confidence. He proposed a new private-sector body to regulate the accounting profession.

--The labor-funded Citizens for Tax Justice reported that an analysis of Enron financial documents showed the company, like dozens of other major corporations, paid no corporate income taxes in four of the past five years -- although it was profitable.



To: Jorj X Mckie who wrote (398)1/18/2002 4:18:38 PM
From: stockman_scott  Read Replies (4) | Respond to of 3602
 
Enron mess signals moral decay in U.S.

BY: Dalton Camp
The Toronoto Star
12/18/02

The giant energy corporation, Enron, is now
bankrupt, many of its shareholders have lost their
life savings and the political community is in a
frenzy of buck-passing and a feverish hunt for scapegoats.

The fall of Enron, friend and spoiled child of the Bush administration, its principal
donor and maximum financial supporter, has been described as a systemic failure
in which Murphy's law presided over the flight of management oversight, the due
diligence of corporate directors, the accountability of the high-priced accountants
and the reliability of investment analysts. Perhaps, worst of all, politicians who
had been hopefully bought would not stay bought. To sum up, what former
British prime minister Edward Heath memorably described as "the unpleasant and
unacceptable face of capitalism" is on view in all its inglorious reality in the
corporate boardrooms of America.

This is no trifling matter: corporate executives dumping their shares secretly on
the market, aware of the corporation's imminent collapse while urging their
employees to hold onto their shares - indeed, preventing them from selling, all
the while assured by the corporation's accountants that all was well and knowing
better. The betrayal of trust was a flagrant, deliberate management stratagem and
represented the easy triumph of insider information over the understandable
innocence of employee shareholders.

As Watergate's "Deep Throat" advised seekers of the truth: "Follow the money."
The truth is that Enron's was not the only bankruptcy; there is the moral
bankruptcy of American democracy. Following the money has become the
entrenched first principle of America's political system. In the rhetoric of its
advertisers, the people govern. But they do not. Fewer of them vote, fewer are
heard. It is money that talks. Money buys access. Money is the coin of the realm
in American politics. Those who pay increase their accessibility, their proximity to
power. People answer phone calls from those who pay. The converse is obvious;
if Americans do not pay, they do not have access and lack the privileges
conferred upon those who give money to elected politicians.

Consider the president of Enron. He is the largest donor to George W. Bush.
Since Bush was a gubernatorial candidate in Texas, Enron has been his largest
supporter. Enron is the largest supporter of the Bush presidential campaign. The
corporate media, hastening to the defence of the system, have been gratified to
report Enron has also given to Democrats, as well as Republicans. But Enron has
made 75 per cent of its political contributions to Republicans.

Then Enron's president, Ken Lay, called upon his friends, seeking help. At the
outset, Bush claimed he really didn't know Lay very well and went on to suggest
he thought Lay was a Democrat. No matter what Bush may have thought about
Lay's politics, the Enron president called two Bush cabinet members and the
budget director, seeking help and information. They all took his call. To profound
relief and satisfaction, the Bush administration was of no direct help to the
beleaguered Lay.

But the Bush stimulation tax package did include a three-year corporate tax rebate,
a divine gift to the corporate state. Lay called Bush's budget director to ask about
the likelihood of Enron getting the rebate soon. No small matter to Enron, the
Bush tax rebate represented $250 million (U.S.). Nothing wrong, in this cozy
environment of a steadfast corporate donor, such as Enron, hoping to get some
of its money back.

But then - speaking of the American democracy and the moral standards of
American democracy and the moral standards of American capitalism - who
else but a corporate alms provider and pocket-liner to an entire political
establishment could summon cabinet members to their telephones? Someone who
had their numbers at work, who was a presidential pal and committee member to
the vice-president and, at the same time, a man of evident sharp practice and
seriously deprived of any serious schooling in ethical behaviour.

It helps that Commerce Secretary Paul O'Neill failed to inform the President of
the perils of their mutual friend. Besides, as he was inspired to say that
bankruptcy is an everyday thing in America, a land of losers and winners,
accountants destroying its files and some 100,000 cheated Enron shareholders
who, alas, do not have O'Neill's phone number.

For the past decade, America's economic system has been the biggest game in
town and true heroes were its CEOs. Wealth was a sign of virtue. Investors
bought stocks because stocks were going up and the more they bought, the more
they went up. The Laffer Curve, an economic theorem, had been first drafted on
a café tablecloth. Endorsed by the Wall Street Journal, Arthur Laffer proclaimed
the "new physics," which proved that everything that goes up stays up, given
lower taxes. According to theory, it was programmed to last forever, but it didn't.

No one should ignore these signals of the profound and growing moral decay at
the heart of America's political and economic life. For a presumed leader of the
free world, it is a sorry sight and a disheartening one.
______________________
Dalton Camp is a political commentator. His column appears on Wednesday and
Sunday.

torontostar.com