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


To: 10K a day who wrote (586)1/22/2002 11:43:01 AM
From: stockman_scott  Respond to of 3602
 
ENRON: Why Insiders Get Rich, and the Little Guy Loses

By WILLIAM LERACH and AL MEYERHOFF
Los Angeles Times
January 20, 2002

This has been a tough couple of weeks for Kenneth
L. Lay, chairman and chief executive officer of
Enron Corp. His company's outside auditor,
Andersen, reported that thousands of e-mails and
documents related to Enron audits were shredded
after federal regulators had launched a probe into
Enron's finances. Late last week, the Enron board
fired Andersen. A letter written by a company vice
president warning of an accounting "implosion" was
made public. Lay's private conversations seeking
help from Bush Cabinet members were suddenly
the talk of Washington. The Justice Department
announced a criminal investigation of his company.
And Enron was delisted from the New York Stock
Exchange.

But this is also a story of real people, like Roy Rinard, a 54-year-old utility
lineman with an Enron subsidiary, who will have to work long past when he had
hoped to retire. The reason? The value of his 401(k) savings account, all
invested in Enron stock, shrunk from $472,000 to less than $4,000 after Enron
declared bankruptcy. He was helpless to stop the loss. Along with the bulk of
Enron's other employees--although not its top management--Rinard was
prevented by company rules from selling his retirement-plan stock. Meanwhile,
Enron executives allegedly carried out a scheme that artificially inflated the price
of the company's stock and then cashed out before bankruptcy was declared.
All told, top Enron executives and board members sold more than $1 billion in
stock, all the while assuring their employees and shareholders that all was well
at the company, according to news reports.

The federal government is investigating, but perhaps its first task should be to
examine its own culpability in the matter, particularly with regard to the Private
Securities Litigation Reform Act, enacted by Congress in late 1995 as part of
Newt Gingrich's "contract with America."

The Private Securities Litigation Reform Act might more accurately be labeled
the "Corporate License to Steal Act." Approved by just two votes over a
presidential veto, the law was written largely by and for powerful corporate
interests. It gutted historic safeguards against fraud and weakened those
protecting investors. It set up legal obstacles that may have enabled Enron to
hide its questionable accounting practices. Under the law, victims must prove a
fraud in detail without access to evidentiary documents. Damages are limited.
Those collaterally responsible for a fraud like, perhaps, an accounting firm, are
protected from liability.

The allegations in the Enron story echo some of the allegations in suits our law
firm is currently litigating or has settled since the act was passed.

At Waste Management Inc., insiders reaped millions of dollars of profits while
at the same time--it later became clear--the company was falsifying profit
reports. Twice in 10 years, Waste Management had to restate previously
reported earnings.

At Cisco Systems, top executives sold nearly $600 million of their own
company stock before breaking news of serious financial problems to
investors. While they were rushing to sell their shares at prices as high as $80 a
share--more than four times its current value--the executives misled investors
about sales, inventory and profits.

At Oracle Corp., Chairman and Chief Executive Larry Ellison dumped nearly
$900 million in stock--his first sale in five years--just weeks before the
company disclosed bleak revenue and earnings news that sent stock
plummeting more than 50%.

Sunbeam Corp. ultimately declared bankruptcy and its stock plummeted, but
not before its chairman and chief executive, Albert J. Dunlap, who later was
found to have falsified financial reports and destroyed a valuable brand name,
managed to sell 100% of his holdings--for more than $60 million. Enron's
accounting firm, Andersen (then known as Arthur Andersen), was also
responsible for auditing Sunbeam and recently paid $110 million to Sunbeam
shareholders to settle its liability.

These financial tragedies, while shocking, were not totally unexpected. A 1999
Fortune magazine article predicted just such events, noting that "beneath
corporate America's uncannily disciplined march of profits ... lie great expanses
of accounting rot, just waiting to be revealed." Since then, U.S. investors have
lost trillions in shareholder value. As economist Ben Stein recently put it, "It
now is clear that the worst stock market debacle in the history of post-war
America did not just happen by chance or by greed of the masses, but
happened in large part because of conspiracy, greed in high places, and a
federal regulatory failure of unique proportions."

Which brings us back to Enron. Enron formed limited partnerships that were
apparently used, among other things, to keep debt off company books. Several
Enron executives, including Chief Financial Officer Andrew S. Fastow, acted
as managing partners or investors in these partnerships, despite the fact the
partnerships were treated as unconsolidated affiliates. Fastow--who liquidated
more than $30 million of his own Enron shares--reportedly received an
additional $30 million in managing fees from the partnerships.

At the same time, Enron's independent accounting firm may have pushed the
limits of conflict-of-interest rules. Andersen, previously in charge of insuring the
accuracy of the books for Waste Management and Sunbeam, had received
about $1 million a week in fees from Enron for accounting and auditing. But the
auditing never resulted in a disclosure that the partnerships existed primarily to
hide debt, which meant that, on paper, Enron seemed profitable. Now
Andersen has admitted to destroying Enron documents and has fired its chief
Enron auditor, David B. Duncan.

We are the plaintiff attorneys for Amalgamated Bank, which, as trustee of an
equity fund that invests the retirement savings of union employees, suffered
losses of $10.3 million in the Enron collapse. (This amount represents just a
fraction of an estimated $20 billion overall loss for public investors.)

Under one of the few consumer protection provisions of the 1995 reform act,
institutional investors, by serving as plaintiffs in fraud litigation, can now help call
corporations like Enron to answer. An increasing number, including
Amalgamated Bank, have stepped up to try to recoup funds for unwitting
investors.

The Enron case is a symptom of the same disease that afflicted us in the 1920s.
The company is not a victim of market forces, but a motivator as old as
humankind: greed. It is past time for Congress to revisit the Private Securities
Litigation Reform Act and enact true reform. Otherwise, the financial
well-being of millions of Americans will remain in the hands of the insiders, who
can be counted on only to be faithful to the instincts of greed.
__________________________________________

William Lerach and Al Meyerhoff are plaintiffs' lawyers with Milberg Weiss
Bershad Hynes & Lerach and represent Amalgamated Bank in the Enron
class-action litigation. E-mails: billl@mwbhl.com and alm@mwbhl.com.



To: 10K a day who wrote (586)1/23/2002 5:30:18 AM
From: stockman_scott  Respond to of 3602
 
Memorial Day Meltdown...

by Doug McIntosh

23 January 2002

There's nothing like one of my doom and gloom essays to bring out the flaming emails. No problem though cause I'm tough. Several of you aren't convinced an economic crisis faces the globe and the United States in the next six months. Fair enough. I will now spell it out clearly and provide a reasonable scenario to get to my May 31st date. It doesn't phase me in the slightest that the mainstream, court economists, media shills and assorted bulls are now saying the recession ended in December. Hmm, proclaim it in October, say it started in March and now is over. And some of you think I'm given to bouts of fantasy!

For those of you not inclined to think the United States has serious economic problems I think a dose of reality is in order. Up here in Oregon the official unemployment rate is 7.5%. In Washington State it's 7.1%. Coming soon to a state near and dear to you. The United States is averaging the loss of 100,000 manufacturing jobs a month. Unemployment claims fluctuate between 350,000 and 500,000 a week-not a month, a week. Entire sectors of the economy lie shattered in the dirt: hospitality, airlines, manufacturing among them. I don't see them recovering anytime soon, especially not by April 1st. Our economy is contracting, things are getting worse not better and it's about time people woke up.

In my opinion, I think there are four major reasons the blinders will come off within the next six months. The first is Enron. Enron is currently the focus of the Security and Exchange Commission, the Labor Department and the Justice Department. Enron is also the focus of three separate Senate and three separate House committee investigations. And it isn't even the end of January yet! I'm now going to say some things with my usual blunt candor that enthralls most of you, annoys some of you and enrages a few of you. The reason Enron is going to take down the American economic system is simple. It cost people money, threatens their 401k retirement/stock market illusions and exposes the corrupt, oligarchic banking cabal running the USA for what they are. The vast majority of the American people don't give a #### about scandal. They didn't care when Reno burnt the children at Waco; they didn't care when Reno sent in armed thugs to kidnap Elian Gonzales ; they didn't care when Clinton renamed the Oval office the Oral office. They didn't care about the Red Chinese buying the elections, or stealing our nuclear technology or TWA flight 800 being shot down by a missile. Most Americans can't be bothered on issues of honor, truth, treason, character or evil. Oh, but this debased two thirds of our great Republic can be bothered when it costs them money. They can rise up in a howling horde and shred politicians so completely DNA testing will be required for identification, IF scandal interferes with their illusions, greed or retirement plans. People are incensed when Lay lies in an e-mail about stock value to employees while he dumps it himself. They are incensed the "fail safe" system failed to protect them. They are stunned the government didn't protect them. Folks, corruption IS the system. I'm sorry you just found out, but hey, don't say I haven't warned you for a while.

The next few months will show the American people that Enron is the logical result of their political and economic system. To all those people whining about how the system "didn't work" I say to the contrary, it worked perfectly. A sleazy company like Enron, corrupts the accountant firm, bribes all the politicians, judges and regulators it can find, buys off the media and rigs the stock market. Sounds like the 1990's in a nutshell to me. But hey, I'm just a doom and gloomer so what do I know? It's the two thirds of my fellow Americans who believed these delusions that will be surprised. And in that surprise they will doom the United States economy. President Pretzel, our 1500 Florida vote winner, won't be able to save us. The genius of Enron was that it corrupted nearly half the House, Senate and nearly all of Texas. Sheer genius!

Mark my words on this one people. The decadent left, their media allies and Democratic Party mob bosses are going to keep Enron in the headlines until November 7th. And the result of that constant media barrage will be to create a crisis and thus destroy the Republicans. The above groups are perfectly willing to use Enron for their own goals. Think the economy, consumer confidence or the stock market will do good under those conditions? If you do, you're like a Japanese soldier planting a rice paddy while a US battleship shells his island for nine months. Enron is big, and even if it wasn't, certain entrenched groups will make it big for political purposes. Now, if the Republicans wise up we could get dueling scandals, say Clinton indicted for PardonGate. Face it: we're in the early phases of a bona fide political scandal that will shake every "new economy" idiotic idea from the tree. ####, it's going to uproot the tree. A rigged economic system on the way up isn't the same thing as a rigged one on the way down, you know.

Guys and gals, it's the debt. To pay off the debt you need a job. To pay off the house you need a job. Look at the amounts owed. Look at the default rates. Look at the implications for the economy. It's the new year now and reality is kicking America in the posterior. Enron is number one and the debt service/unemployment problem is number two. The mainstream hasn't figured it out yet. Either you pay off your house mortgage, credit card bill, auto loan or you default on them. Eventually, say by May 31st, the system begins to have to deal with all those unemployed people who aren't paying their debt bills. Can they ignore them? Perhaps, for a while, but not for long. The debt crisis is now and will be in full flower this spring and summer. Remember corporate earnings, profits and all that jazz. Fannie Mae's 11% late rate will eventually have to come out of the system. Foreclosed houses will be dumped on the market, or perhaps a Savings and Loan type liquidation system will be set up. Either way, the system will have to deal with it in the next six months. I listen to these so called pundits and they blow off the default rates, the unemployed; underemployed, the no profit sales, the no earnings companies and the fantasy stock market. So much blindness and arrogance. Just like Mr. Lay and his stock emails, they are all liars.

Reason number three is Japan, Argentina and other global economic issues. Isn't it amazing how quiet the largest bond debt default has become? Except for a few stories about chaos and anarchy in Argentina you wouldn't realize between 132 and 228 billion dollars had vanished. That's the nice thing about the mainstream press. If they feel a story is too dangerous to the status quo it simply vanishes. All the banks that loaned them the money become no problem. The investors shutting off the flow of money and the political implications of that become no problem. Ah, Argentina, I remembered you well, before you were sent down the memory hole. Think any investor will loan any money to ANY country thought to be even slightly a "risk"? I don't. Pay off the Argentine debt, #### they can't even count it right! Hasn't anybody figured out that if America doesn't import stuff from overseas, then those economies based on exporting to us, like Mexico, Malaysia; China, will start to slow down? Every country in the world is either now in recession or starting to slow down. The United States import vacuum cleaner bag is now full. Global chaos isn't far behind. If we don't buy their exports, who will? If they don't recycle their dollar profits into our financial markets, what happens? If the American people withdraw psychologically, start to pay their debts off, or default, what happens? If the American people feel the stock market and 401k plans are corrupt and rigged, like Enron, what happens? Yo Bulls, I'm waiting for an answer. Email Mr. V and it will get to me. Come on all you Fed Reserve, or CNBC types, that is if you can tear yourself away from your stunning Enron analysis. You elitist system, whores got the money, but I got my honor and credibility.

As for Japan, the following should have been front page news on every media outlet in the free world. Instead, it's buried at the bottom of the inside business page. A few salient quotes: Headline- Standard and Poor's Asia director says Japan's banks "technically insolvent." "Japan's banks have insufficient assets to cover their liabilities-including ordinary savings accounts- and require a giant infusion of public money just to stay in business."

It gets better. "he expected a government bailout of the nation's banking system to come before the Japanese fiscal year ends on March 31st, and S&P has decided not to downgrade Japan's government debt again." "His comments highlighted the deepening crisis in Japan's financial system and the failure of previous reform and bailout efforts to rescue the economy from stagnation and deflation, or falling prices."

Where to begin. Do you understand what you just read? The mainstream economic consensus is that the United States will start a recovery on April 1st. The day after the Japanese government "bails out" the banking system we will start our recovery. 155 billion in Argentina, a few hundred billion in Japan?? and pretty soon you are talking real money. The S&P refusal to downgrade Japanese government debt now is the same game Arthur Andersen played with Enron. I guess this will just be ignored also. Japan's bad bank loans are estimated at 1.5 Trillion dollars. The Japanese government total debt is 130% of GDP, equal to a US national debt of 13 trillion dollars. Stop and think about the economic implications of a US government, with a debt of 13 trillion dollars, announcing it was going to borrow tens or hundreds of billions of dollars to bail out the banking system. What would happen?

Yet, these media whores and their economist, politician shills are predicting a new bull market. Based upon what says I? The interesting thing about the Standard and Poor announcement is what it didn't say. It didn't say Japanese banks would liquidate foreign assets to balance their books by the end of March. It's a fact the entire Japanese banking system is "technically insolvent." It's a fact there are only two ways to balance the books: either a government bailout-from a massive deficit ridden central government, or the emergency, rapid selling of foreign assets within the next 70 days. Praytell, my dear GOLD-EAGLE.com reader, exactly what foreign assets would the Japanese banks be selling under duress? Could they be United States stocks, bonds, or real estate? Just a thought for you lunatic bulls to chew on. Apparently, this simple economic reality was so horrifying it wasn't even mentioned in the news blip. Mr. Magoo knows what will happen to his "recovery" and stock market if Japanese banks dump 500 billion in United States assets.

Before I move on to my final economic argument, I should also add we still are in a war on terror that will last the rest of my lifetime. Didn't want you to forget that in all the feel good we are on our way to recovery stuff. It's going to be a long war. The European airport security system is way better than our lame, politically correct and incompetent one; yet, Mr. Reid got through it. The only reason Mr. Reid, a certified Bin Laden operative, wasn't martyred along with 200 others, were his explosive shoes got wet from his sweaty feet. The other factor was Mr. Reid didn't have a lighter and used matches to try and light the wet fuse. I'm not sure relying on the operational shortcomings of Mr. Bin Laden's organization qualifies as a terrorist detection system. A Bic lighter and Mr. Bin Laden would have permanently shattered our air transport system. Mr. Bin Laden is a strategic genius, with an effective tactical, logistics and communications infrastructure system in place. Very fortunately for the West, his operational abilities are subject to wild variations in execution. I wouldn't count on that to last for long however. If you want to bet you or your families life on it go ahead. As for me, there is no way I'm setting foot on a plane in the foreseeable future. Period.

Finally, we come to something I wasn't even aware of when I wrote my earlier essay. It seems nearly 1 trillion dollars in stock market "goodwill" will be written off by US corporations in 2002. Experts say that it's likely the entire amount will be written off in the first 90 days, by March 31st. It seems the company mergers at those insane prices weren't really such a good deal after all. Oh well. So let's see here. We have Japan bailing out the banks and the US stock market writing off incredible amounts of money. We have no corporate earnings, rising unemployment, debt defaults and the list goes on and on and on. Yet, the official consensus is magically, mysteriously and instantly on April 1st the American economy will recover. It will not recover. It will not recover by June 1st either. And when the dull, dazed and 401k ravaged hordes finally realize that, oh say by May 31st, I expect a depression to start. Since the stock market went down over 200 points recently, perhaps the news is starting to be believed. And there you have it: the official McIntosh doom, gloom and economic depression prediction for Memorial Day 2002.

One more thing, Qwest Communications, the one writing off $34 billion of goodwill this quarter, announced it won't lay any more fiber optic cable until it uses what it has already laid. Qwest estimates that will be sometime in 2007. Go Bulls. Go economic recovery. Am I the insane one for thinking that perhaps we will have to digest our 1990's economic orgy before we go out for desert?

Impending Doom takes all the fun out of decadent living- Iago

gold-eagle.com



To: 10K a day who wrote (586)1/23/2002 1:27:40 PM
From: stockman_scott  Respond to of 3602
 
Enron at Box Office? Never Say Never in Hollywood

Saturday January 19

By Sue Zeidler and Doug Young

LOS ANGELES (Reuters) - Here's the pitch: A thriller about a tough working mom who tries to blow the lid off a financial scam at a giant energy company that ultimately leads to the biggest bankruptcy in U.S. history and threatens to drag down the White House with it.

A movie about Enron Corp? Well, maybe. Think of it as ``All the President's Men'' meets ``The Insider.''

While no studios have announced they are developing a film about the Enron Corp debacle -- and Washington's conduct is just now becoming a focus of the scandal's probes -- creative juices in Hollywood are already flowing.

Writers and producers admit that at first glance the financial undoing of Enron lacks the pizzazz needed to draw viewers, but they say that with the right talent like writers, directors and stars, a movie is possible.

Writers cite other big movies involving corporate intrigue such as ``The Insider,'' starring Russell Crowe as a tobacco industry whistle-blower and ``Erin Brockovich,'' starring Julia Roberts as single-mother-turned-environmentalist-crusader and the 1993 TV movie ``Barbarians at the Gate,'' about the fight to control RJR Nabisco. The hit, ``All the President's Men,'' chronicled how journalists uncovered the Watergate scandal that doomed President Richard Nixon.

Many said there is even greater potential for a feature film now that the scandal has moved from a Wall Street story to a hot topic on political and general TV talk shows.

``This story is huge. Look at 'The Insider,''' said one Hollywood writer. ``One way to get into the story is by telling it through the eyes of the woman who gave the notice,'' he said.

Jeff Gaspin, programming director for NBC said he has yet to receive any Enron pitches.

``On the surface, I'd say it seems pretty dry,'' said . ``We haven't even discussed it internally.''

Nevertheless, Gaspin agreed that a compelling movie could be made down the road when all the facts come out and if the right filmmaker and the screenplay are attached to it.

``It's all about the writer's interpretation,'' he said. ''There's a lot of stories you wouldn't think would make good movies, but a writer has a vision for it and it works.''

WATKINS IN STAR ROLE

The Enron ``woman'' is Sherron Watkins, a 42-year-old executive who shot to prominence in the still-unfolding saga after it was disclosed she first raised concerns about Enron's accounting practices to Enron's CEO Kenneth Lay in August.

These concerns did not come to light for months and by early December when Enron filed for bankruptcy it was embroiled in allegations of influence peddling, abuse of power, conflicts of interest, criminal probes and congressional inquiries.

Enron's former auditor, accounting giant Arthur Andersen, has also come under intense scrutiny amid revelations of document shredding and allegations of a cover-up.

Now the story has moved to Washington where the administration faces questions about both President Bush (news - web sites)'s and Vice President Dick Cheney (news - web sites)'s ties to the energy trading company.

``At the very least, it's an HBO movie. It all really depends a little on where it goes from here,'' the Hollywood writer, requesting anonymity, said.

HBO said there is no Enron project underway at the network.

Quinn Taylor, who oversees TV movies and miniseries for ABC, said he also has yet to be pitched any ideas based on the Enron collapse.

``I have a feeling if they were going to pitch it, they would be pitching it,'' he said. ``They don't usually wait for an ending. ... The body does not even have to be cold.''

He said a main concern among studios and networks -- which would have to finance such a project -- would be the lack of mass appeal for such a movie.

``I'm not sure that a broad audience knows enough to care or understand. Frankly I'm not sure I do,'' he said.

Tom Cook, a screenwriter currently working on a mini-series about the life of Bob Hope and a writer on the film ``China Syndrome,'' said it was still too early to tell.

``We don't know yet whether there is a political scandal. If the movie was to be about greedy businessmen cheating their employees out of their 401Ks (retirement funds), that story doesn't have enough spice to make a sale,'' he said.

But never say never, especially in Hollywood.

``Someone will probably make a movie about it. The story's certainly well-documented in the media,'' said Mark Vega, a TV and film attorney with Los Angeles-based Greenberg, Traurig during a phone interview from the Sundance Film Festival (news - web sites).

``The way it goes is that it's first in the news media. Then, the in-depth personal pieces about how people's lives were affected come out. Then, more lengthy things like novels emerge and, boom, you've got a TV show or a movie,'' he said.



To: 10K a day who wrote (586)1/23/2002 1:52:02 PM
From: stockman_scott  Read Replies (1) | Respond to of 3602
 
Some serious humor posted on an Enron Website...

<<Feudalism
You have two cows.
Your lord takes some of the milk.

Fascism
You have two cows.
The government takes both, hires you to take care of them and sells you the milk.

Communism
You have two cows.
You must take care of them, but the government takes all the milk.

Capitalism
You have two cows.
You sell one and buy a bull.
Your herd multiplies, and the economy grows.
You sell them and retire on the income

Enron
You have two cows.
You borrow 80% of the forward value of the two cows from your bank then buy another cow with 5% down and the rest financed by the seller on a note callable if your market cap goes below $20B at a rate 2 times prime. You now sell three cows to your publicly listed company, using letters
of credit opened by your brother-in-law at a 2nd bank, then execute a debt/equity swap with an associated general offer so that you get four cows back, with a tax exemption for five cows. The milk rights of six cows are transferred via an intermediary to a Cayman Island company secretly owned by the majority shareholder who sells the rights to seven cows back to your listed company. The annual report says the company owns eight cows, with an option on one more and this transaction process is upheld by your independent auditor and no Balance Sheet provided with the press release cows via the internet site COW (cows on web)...>>