To: Baldur Fjvlnisson  who wrote (2327 ) 2/4/2002 10:16:39 PM From: Mephisto     Read Replies (1)  | Respond to    of 5185  Internal probe finds massive failures at Enron     Deals for insiders generated millions                    By Peter Behr a Nd David S. Hilzenrath, Washington Post, 2/3/2002                      Enron Corp.'s collapse last fall was caused by massive                       failures by its management, board, and outside advisers                  as well as self-enrichment by some employees ''in a culture                  that appears to have encouraged pushing the limits,''                  according to a report by a special investigating committee of                  the company's board of directors.                   The 218-page report, filed with a federal bankruptcy court in                  New York yesterday, described a corporation whose senior                  officers and board of directors made a ''fundamentally flawed''                  decision that ultimately led to the collapse of the company,                  once ranked as the nation's seventh-largest.                  The board, on the recommendation of its chairman, Kenneth                  Lay, and chief executive Jeffrey Skilling, waived ethics rules in                  1999 and allowed Enron's chief financial officer, Andrew                  Fastow, to head private partnerships that would buy and sell                  assets with the company, while keeping his Enron position.                  The board and top executives then neglected to monitor                  Fastow's activities, or even ask how much money he made -                  $30 million - until last October, after media reports.                  Fastow, who was ousted last October, and a few other                  employees ''were enriched by tens of millions of dollars they                  never should have received'' and created a web of partnerships                  that facilitated the ''manipulation of Enron's financial                  statements,'' the report said.                  In one transaction in 2000, Fastow turned one partnership                  investment of $25,000 into a personal $4.5 million profit in two                  months. He also brought two other employees into the deal,                  each of whom made $1 million off a $5,800 investment in the                  same period.                  The report said some of the partnership transactions were                  designed to hide huge Enron losses from the investing public                  and resulted in nearly $1 billion in overstated profits in just                  the 12 months that ended last fall.                  That was much more than the $586 million cut in profit over                  five years that the once high-flying energy trader reported last                  November after revealing accounting errors related to some of                  the partnerships. That announcement triggered a dive in                  Enron's stock price, costing shareholders and employees                  billions of dollars and prompting a dozen congressional and                  federal investigations of the Houston company's demise.                  The report released yesterday was prepared under the                  direction of William Powers Jr., dean of the University of Texas                  School of Law, who joined the board Oct. 31 after Enron first                  reported its third-quarter loss and appointed a special                  investigating committee.                  The report cited ''a flawed idea, self-enrichment by employees,                  inadequately-designed controls, poor implementation,                  inattentive oversight, simple (and not so simple) accounting                  mistakes, and overreaching in a culture that appears to have                  encouraged pushing the limits.''                  It read: ''The tragic consequences'' of mishandling the                  partnerships ''were the result of failures at many levels and by                  many people:                  Enron founder and longtime chief executive Lay was ''the                  captain of the ship,'' but did not ensure that those who                  reported to him were performing their oversight duties                  properly. Lay resigned last month at the insistence of Enron's                  creditors.                  Skilling urged the board to approve the arrangement with                  Fastow, the report said. Other Enron employees accuse                  Skilling of approving a partnership transaction in March last                  year that was designed to conceal large operating losses from                  the board. Skilling denies that charge.                  The board of directors waived Enron's conflict of interest rules                  to allow Fastow to run the partnerships and set up procedures                  to monitor's Fastow's compensation, but never followed up.                  Enron's outside auditor, Arthur Andersen LLP, ''did not fulfill                  its professional responsibilities'' in its auditing work, the report                  said.                   The company's outside law firm, Vinson & Elkins, ''should have                  brought a stronger, more objective and more critical voice'' to                  its review of Enron's required disclosures to investors about the                  convoluted partnership transactions and Fastow's role in them.                  This story ran on page A10 of the Boston Globe on 2/3/2002.                  © Copyright 2002 Globe Newspaper Company.                      [ Send this story to a friend