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


To: Mephisto who wrote (809)1/18/2002 4:19:47 PM
From: Mephisto  Read Replies (2) | Respond to of 5185
 
A Failure to Account
Editorial
The New York Times

January 14, 2002

Harvey Pitt was recently
quoted in Barron's as saying
that "there is nothing rotten with
the accounting profession."
What
makes the assessment alarming, instead of just
laughable, is that Mr. Pitt is the chairman of the
Securities and Exchange Commission.


Mr. Pitt was a prominent Washington litigator who represented Arthur
Andersen and other major accounting firms before being
appointed to the S.E.C. by President Bush.
We can only
hope that the latest revelations in the Enron saga will
prompt him to change his view and to take on a forceful
role in regulating his former clients and protecting the
integrity of financial markets.

Even within the context of the Enron story, the disclosure
by Arthur Andersen that it had destroyed "a significant
but undetermined number" of documents relating to its
work for Enron was breathtaking. Yet it was only the latest
in a series of betrayals of the public trust by major
accounting firms.

Enron may have been deceitful in recent years, using
off-the-books partnerships to exaggerate revenues and
hide debt. It was Arthur Andersen, however, that signed
off on the energy trading company's deceptive financial
reports. Andersen's relationship with Enron has long
been cozy, and its eagerness to peddle profitable
consulting services may have been another reason why it
went easy on the audits. It is awkward enough for auditors
to get paid by the companies whose books they must
review without creating additional conflicts of interest.
Arthur Levitt, the former S.E.C. chairman, sought
unsuccessfully to ban such conflicts. The industry
resisted.

Disturbingly, Mr. Pitt prefers to be less confrontational
and believes accounting firms should be given more
freedom to regulate themselves. But the industry has
proved unable or unwilling to discipline its own members
to any meaningful degree, despite frequent promises to
undertake tougher self-regulation and tighter peer review.


The Enron debacle is exceptional only in its scale. Other
former Wall Street favorites have engaged in creative
accounting to pump up their stock prices. Lucent,
Sunbeam, Waste Management, Xerox and Cendant are
only some of the more notorious cases of companies
forced to restate previously reported earnings, causing
their stock prices to crater. People lost billions of dollars,
misled by phony numbers ratified by the accountants.

The public's trust in the integrity of markets, and in the
reliability of companies' disclosed financial data, has been
one of America's competitive advantages since the
adoption of its security laws in the 1930's. The danger in
the wake of Enron and similar scandals is that investors,
understandably wary about the safeguards they once
relied on, may decide to avoid buying company shares
altogether. A majority of Americans are now invested in
the stock market, but they will not long participate in a
game they know to be rigged against them.

Justice demands no less than a full accounting in the
Enron case. But the nation's economic well- being also
demands a broader response from Mr. Pitt and Congress
to shore up the credibility of financial markets. Investors,
as absentee owners, must be able to trust the information
public companies report about their businesses. Buying
shares in a company cannot simply be an act of faith.

nytimes.com



To: Mephisto who wrote (809)1/19/2002 1:40:32 AM
From: Mephisto  Read Replies (1) | Respond to of 5185
 
" G.O.P. Weighs Chief's Stance on Enron Tie "

- "Several Republican state chairmen and party officials said in
interviews that they would prefer that Mr. Racicot sever all
connections to the firm, Bracewell & Patterson, from which he still
intends to draw a salary."
............................................................................................
- "Party officials said Mr. Racicot, the former governor of Montana,
had no intention to further change his arrangement with the firm.
Undaunted by the negative publicity, Bracewell & Patterson
sought to showcase its ties to Mr. Racicot. Tonight, the firm held a
cocktail reception to honor him at the Four Seasons Hotel in Austin
....................................................................................................

- ``The fact that he Raiscot is the president's buddy makes everyone feel
real comfortable,'' said Ron Kaufman, the party's
national committeeman from Massachusetts. "


January 18, 2002
The New York Times

By RICHARD L. BERKE

AUSTIN, Tex., Jan 17 - As
questions intensify about
Enron's ties to the White House,
Republicans who gathered here
today for the party's winter
meeting said they were not
entirely reassured after last
week's decision by the newly
selected party chairman, Marc
Racicot, to stop lobbying for a firm
whose biggest clients included
Enron.

Several Republican state chairmen
and party officials said in
interviews that they would prefer
that Mr. Racicot sever all
connections to the firm, Bracewell
& Patterson, from which he still
intends to draw a salary. Despite
their misgivings, many of those
interviewed said they were not
willing to block President Bush's
choice and that they expected Mr.
Racicot's nomination to be approved
at the meeting on Friday.

Party officials said Mr. Racicot, the
former governor of Montana, had no
intention to further change his
arrangement with the firm.
Undaunted by the negative
publicity, Bracewell & Patterson
sought to showcase its ties to Mr.
Racicot. Tonight, the firm held a
cocktail reception to honor him at
the Four Seasons Hotel in Austin.

Mr. Racicot appeared at the
gathering, which included top party
officials and lobbyists from the
Houston- based firm - who were
entertained by a mariachi band -
even before he made his way to the
party meeting itself. As a parting
gift, guests were handed
business-card holders with
Bracewell & Patterson's logo.

The firm's three other partners
who were honored at the reception
have received donations or had
other links to Enron. They are Greg
Abbott, a former justice of the
Texas

Supreme Court who is running for
state attorney general; Jim
Chapman, a former congressman;
and Barry McBee, a former chief of
staff to Gov. Rick Perry

One state party leader who
attended the reception said that,
given the questions about Mr. Racicot, the party was ``not
the most wise thing to do.'' By maintaining his connection
with Bracewell & Patterson, he added, Mr. Racicot was
``giving throwaway lines to Terry McAuliffe,'' the chairman of
the Democratic Party, to criticize Republicans.

For all the festivities at the firm's reception tonight, there
was a palpable undercurrent of concern at the party
gathering itself. Six Republican state chairmen, as well as
many party advisers and officials, said in interviews that
they objected to Mr. Racicot's arrangement with the firm.

``I was very glad he made the decision to discontinue
lobbying,'' said John L. Ryder, chairman of the Tennessee
Republican Party. But if Mr. Racicot continues work for the
firm, he added, ``they're going to have to look at what level of
involvement there is in the law firm and what kind of
involvement.''

Some party leaders who criticized Mr. Racicot, who would
replace former Gov. James S. Gilmore III of Virginia as
chairman, were reluctant to do so publicly.

``I'm very worried,'' said a prominent Republican who is close
to Mr. Racicot. Mr. Racicot's decision to cease lobbying, he
said, ``is obviously a halfway measure.''

A Republican Party official put it this way: ``Racicot is a
totally ethical guy. But it's a P.R. thing. There's a lot of
discomfort here.''

Many party officials said the more appropriate course would
have been for the Republican Party to pay Mr. Racicot far
more than the $150,000 salary normally given to the
chairman if he abandoned his work for the firm. White
House officials said Mr. Racicot was offered, and rejected,
such a deal and has refused to draw a salary from the party.

Seeking to make the best of what could be a
less-than-seamless debut for a new chairman, Jack Oliver,
the vice chairman of the party, characterized Mr. Racicot's
decision to draw a salary from a law firm while working for
the party for free as a virtue.

``We're very blessed that we have Marc Racicot, who's willing
to volunteer on behalf of this cause because he believes in
it,'' he told reporters.

Mr. Oliver brushed aside a question about whether it was
appropriate for Mr. Racicot to take money from a firm that
lobbies. ``Law firms do things beside lobby,'' he said. ``If you
don't know that you've spent too much time in Washington,
D.C. No one has questioned the ethics or integrity of this
great leader, Marc Racicot. He's going to do a fabulous job as
chairman and will continue to work for a law firm. He has
been very clear in stating that he will not do any lobbying or
any setting up of anything that has to do with the
administration or with members of Congress.''

Enron gave two contributions to the Republican Party last
October, Mr. Oliver said, but they were returned when it was
clear the company was in trouble.

Some party members here said they were not distressed
about Mr. Racicot because he is quite close to Mr. Bush - and
they trust Mr. Bush.

``The fact that he is the president's buddy makes everyone
feel real comfortable,'' said Ron Kaufman, the party's
national committeeman from Massachusetts.

Alan Novak, the state chairman from Pennsylvania, said,
``My advice to Governor Racicot is to be prudent'' in his work
for the firm,

``and I think he will be.''

Besides the concerns over Mr. Racicot, some conservative
party members have objected to the selection of Lewis
Eisenberg, a prominent party donor from New Jersey, as the
committee's new national finance chairman. Mr. Eisenberg
founded the Republican Leadership Council, which favors
abortion rights. In a whispering campaign, foes of Mr.
Eisenberg were calling party members in their hotel rooms
here to encourage them to oppose his selection, which is
expected to be approved on Friday.

Speaking of a conversation he had with Mr. Racicot, Mr.
Eisenberg said, ``we commiserated with each other'' over
``being attacked'' from within their own ranks.

nytimes.com