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To: Cactus Jack who wrote (47697)2/15/2002 9:42:21 AM
From: stockman_scott  Respond to of 65232
 
For Executives of Enron Unit, the Skill Was in Leaving

By NEELA BANERJEE with SHAILA K. DEWAN
The New York Times
February 15, 2002

HOUSTON - Thomas E. White served 23 years in the Army, rising to the rank of brigadier general. But it was his second career — a decade spent as a top executive of the Enron Corporation (news/quote) — that won him inclusion in the circle of businessmen whom President Bush appointed last year to run the armed services.

"Tom White is one of the most outstanding managers in corporate America," Senator Phil Gramm of Texas said in introducing him to the Armed Services Committee at a hearing on his confirmation as secretary of the Army. "He is a person that knows how to manage people and resources. And when our job is taking the money we have and building the finest army we can build with those resources, I don't have any doubt in my mind that Tom White can do an outstanding job."

Now, though, the collapse of Enron has put Mr. White's résumé in a new light. The unit he helped run in his last years at the company, Enron Energy Services — though it was presented by the company as a big money maker — turns out to have bled cash, former employees said. They describe it as a seemingly smart idea — selling electricity and natural gas supplies to big corporations in competition with the local utility — undone by poor financial assumptions, suspect accounting and lax management oversight.

Both Mr. White, who was vice chairman of the unit, and his boss, a longtime Enron executive named Lou L. Pai, rose quickly, and by the time they left Enron last summer, they seemed set for life.

Mr. White, 58, left with a $1 million severance payment after earning $5.5 million in his final year at the company. Over that time, he sold about $12 million in Enron stock.

Mr. Pai (pronounced pie), the chairman of Enron Energy Services, cashed out all his shares and options, valued at more than $270 million, before leaving the company. That was more than any other executive took away in stock before Enron collapsed. At various times, both men served on the top management committee that set Enron Corporation policy.

Yet despite earlier successes at Enron that won them big rewards and promotions, neither Mr. White nor Mr. Pai appears to have fully understood the energy services business, according to former employees and analysts. Co-workers said the two men contributed to the unit's problems through neglect of the multimillion-dollar deals the business forged, many of which were irreparable money losers.

They portray Mr. White as the charming public face of Enron Energy Services, valuable for his ability to motivate workers but indifferent to the dollars-and-cents details that would determine the unit's success.

"You would talk finances, and Tom's eyes would glaze over," said John E. Olson, director of research at the Houston brokerage firm of Sanders Harris Morris. Mr. Olson, a longtime critic of Enron, nonetheless said he regarded Mr. White as an honest executive, and co-workers described him as a strong leader.

The employees paint a picture of the reserved Mr. Pai as a canny financial theorist and devout free marketer. They say he firmly believed that selling power to big customers could be profitable, but he lacked skill in carrying out his ideas.

"Lou Pai was good at starting things," said Rudy Sutherland, a former Energy Services manager who was part of a team created to sort out a large group of contracts where claims of profitability were suspect. "He was a visionary, but he had no expertise in structuring a fiscally responsible company."

Mr. Pai declined to be interviewed for this article. His lawyers issued a statement on his behalf saying: "Mr. Pai has seen the recent E.E.S.-bashing by certain former employees. He believes the criticism to be completely unfounded. E.E.S. conducted its business with integrity and reported its financial results properly and candidly."

Mr. White did not respond to questions relayed to him through an Army spokesman. In an interview on Jan. 31, he dismissed a suggestion that Enron Energy Services was unsound. "As far as I am concerned, Enron Energy Services was a great business," he said. "We built it from nothing. There were no accounting irregularities that I was aware of."

Both Mr. White and Mr. Pai were fortunate in the timing of their departures from Enron. Government ethics rules required Mr. White to begin selling his stake in the company once he became Army secretary, responsible for the service's $81 billion budget.

As for Mr. Pai, whatever he may have known about Enron's finances, the impetus for selling his stock was a divorce in early 2000. By selling most of his equity, close acquaintances said, it was easier to split marital assets in the divorce. His former wife, Lanna Pai, received half the proceeds.

Now remarried, to a woman with whom he had maintained a decade- long relationship and had a child, Mr. Pai owns a 77,500-acre ranch in southwestern Colorado, making him among the state's largest private landowners.

He is named in a shareholder lawsuit contending that 29 top Enron executives engaged in improper insider stock sales.

Representative Henry A. Waxman of California, the ranking Democrat on the House Committee on Government Reform, has said that Mr. White should testify about his activities as an executive at Enron, but no committee has called him to do so.

When states began deregulating the power industry in the mid-90's, Enron was certain it could make money selling electricity and gas to companies more cheaply than the old-guard utilities. In 1997, it created Enron Energy Services, a pet project of Mr. Pai and of Jeffrey K. Skilling, then Enron's president.

Former Enron executives said that the men became close professionally when Mr. Pai helped Mr. Skilling develop the contracts that enabled Enron to trade natural gas and later, electricity. In 1995, with Mr. Skilling's backing, Mr. Pai became president of Enron's sprawling gas and power trading division.

With Mr. Pai and Mr. White at the helm, Enron Energy Services reported $165 million in operating profit on $4.6 billion in sales in 2000, in contrast to a loss of $68 million on sales of $1.8 billion in 1999, according to Enron's 2000 annual report.

(Page 2 of 2)

But the profits turned out to be illusory, according to many former employees. The business, they said, lacked the controls and the scrutiny that would have offered a realistic picture.

In many cases, the division entered into contracts that ended up losing money. Long-term contracts were based on economic forecasts about the price of power that reflected the unit's earnings targets, rather than objective data, according to an economist at Enron Energy Services.

And in the chase for big-name corporate clients — the unit's customers included Lucent Technologies (news/quote), Ocean Spray and J. C. Penney — Enron traded away the right to renegotiate contracts that turned unprofitable, Mr. Sutherland said.

Others also warned of problems at Enron Energy Services. In her August 2001 letter to Kenneth L. Lay, then Enron's chairman and chief executive, Sherron S. Watkins, a vice president for corporate development, said she was concerned about the unit's accounting practices. Enron Energy Services, she said, used "mark to market" accounting, booking the projected profits of its multimillion-dollar contracts in the year they were signed, long before the actual results could be known. Ms. Watkins described company practices today in extended testimony to a House Energy and Commerce investigations subcommittee.

In a letter to Energy Services executives dated Dec. 1, 1999, Debra A. Cash, an auditor with Arthur Andersen, said that the unit had failed to establish policies for such essential functions as "risk management, model development and use, financial accounting and reporting."

Enron has dismissed the problems at the Energy Services unit as normal for a start-up business. The division, which once employed more than 1,000 people, has laid off most of them and is now facing liquidation as part of Enron's bankruptcy filing.

Mr. White joined the Enron Corporation in mid-1990 after serving as executive assistant to Gen. Colin L. Powell, now the secretary of state, when General Powell was chairman of the Joint Chiefs of Staff. He ran the company's power plant business, proving himself by overseeing the construction of Enron's huge Tees- side power plant in England, which one former executive said was built on time and under budget.

Later, Mr. White managed the company's vast network of natural gas pipelines before teaming up with Mr. Pai in March 1998 as vice chairman of Enron Energy Services.

"Tom was viewed internally as being a very strong leader in an organization that had few leaders, though it had a lot of smart people who could get deals done," a former Enron executive said. "When he went to E.E.S, it was thought he could bring a complement really needed to Lou."

On his appointment as Army secretary last year, Mr. White joked that he and the business executives who were named secretaries of the Navy and the Air Force would serve Donald Rumsfeld, the defense secretary, as "C.E.O.'s of wholly owned subsidiaries of the Department of Defense."

Experts on Pentagon management said it was too early in Mr. White's tenure to assess his performance as Army secretary, a post they said required more political skill than business acumen.

"As complex as Enron is — as far as who did what, who does what — the Army is tougher," said Dan Goure, vice president of the Lexington Institute, a policy research group in Washington. "It's older, has lots of traditions, has more complex and incomplete paperwork. It's very difficult to manage."

Senator Gramm, whose wife, Wendy, is a member of Enron's board, maintains a high regard for Mr. White, a spokesman, Larry Neal, said. "Senator Gramm believed then that after a lifetime of military and corporate experience, General White would make an excellent secretary of the Army, and now he has," Mr. Neal said. "In the absence of substantial and honest evidence to the contrary, the senator's views are unchanged."

Mr. Pai maintained a distance from the unit's everyday workings, colleagues said. The youngest in a Chinese immigrant family sparkling with professional accomplishment, Mr. Pai received a master's degree in economics from the University of Maryland and worked as an economist for several federal agencies, including the Securities and Exchange Commission, in the 1970's. He moved to Houston in the 80's to work for Conoco (news/quote) and was hired at Enron by a friend from graduate school.

People who knew Mr. Pai at Enron say he was reserved to the point of seeming aloof. A sales manager recalled that other executives, including Mr. Skilling, scrutinized his contracts more closely than did Mr. Pai — who, he said, would sign off with a perfunctory "good deal."

During most of his time at Enron Energy Services, Mr. Pai was tangled in marital problems. In the early 1990's, he became involved with a married woman named Melanie Fewell. When Ms. Fewell divorced her husband in 1996, he described Mr. Pai in court documents as her "paramour" and employer.

Mistakes did not seem to daunt Mr. Pai. In a 1999 interview with The New York Times (news/quote), he said, "You can't sit there and punish people for trying."

But he conceded that if Energy Services miscalculated its prospects, the market would discipline it severely. "If we don't execute," he said, "we're toast."



To: Cactus Jack who wrote (47697)2/16/2002 11:48:13 AM
From: RR  Read Replies (2) | Respond to of 65232
 
Morning jpgill! Hope u had a super week out on the western front.

Absolutely wonderful day here. Just like spring. Just came in from a walk in the woods, birds are singing, no clouds, mild breeze, 55 degrees, beautiful.

Have a great weekend my Friend.

RR



To: Cactus Jack who wrote (47697)2/16/2002 11:59:57 AM
From: stockman_scott  Read Replies (1) | Respond to of 65232
 
Lawyer Known for Class Actions Will Lead the Enron Plaintiffs

By MICHAEL BRICK
The New York Times
February 16, 2002


William Lerach, a flamboyant class-action lawyer, was named yesterday to lead the tangle of securities fraud cases against Arthur Andersen and former executives and directors of the Enron Corporation (news/quote).

Judge Melinda Harmon of the United States District Court in Houston selected Mr. Lerach's client, the University of California, as the lead plaintiff in the cases.

Judge Harmon issued her order and notified the lawyers late yesterday evening, but a copy of her opinion was not immediately available.

Mr. Lerach of San Diego and his firm, Milberg Weiss Bershad Hynes & Lerach, conducted an aggressive public campaign to have a client of the firm selected as the lead plaintiff. Milberg Weiss even dropped an earlier client, Amalgamated Bank of New York (news/quote), betting that the University of California's argument to be named the lead plaintiff would be more persuasive.

Amalgamated Bank agreed to release Mr. Lerach as its lawyer, saying at the time that it wanted him to be the lead lawyer in the cases. Amalgamated's claim of $10 million was too small to qualify it as the lead plaintiff.

The selection practically guarantees the law firm the largest share of any legal fees, which could amount to hundreds of millions of dollars. The role of lead plaintiff also benefits the university, giving it strategic control of the suit.

"On behalf of the University of California as lead plaintiff and working in concert with all of the plaintiffs, we look forward to vigorously pursuing the shareholders' case," Mr. Lerach said in a statement. "Milberg Weiss takes the responsibility of getting justice for these private individuals and public institutions very seriously."

Mr. Lerach is well known in the world of shareholder litigation. He won more than $1 billion for shareholders in two big financial scandals involving junk bonds and savings and loan institutions and has brought frivolous lawsuits, like litigation over the lip-synching duo Milli Vanilli.

Mr. Lerach has made a personal fortune and gained the lasting hatred of corporate America by bringing more than 600 suits against companies after their stock prices dropped. His firm accounts for about half of all shareholder suits against corporations and has won $6 billion for its clients.

The University of California was chosen over two other groups that have claimed large losses on their investments in Enron. One is a group of four states, represented by their attorneys general and the Atlanta firm of Chitwood & Harley. The other is the pension funds of New York City and Florida, represented by the San Francisco firm of Lieff, Cabraser, Heimann & Bernstein.

Several other groups and firms are tangentially involved, some with similar suits that do not specifically contend securities fraud.

The plaintiffs' lawyers have already scheduled meetings to depose several partners of Arthur Andersen, the accounting firm that audited Enron's books, and an in-house lawyer for Andersen. Enron filed for bankruptcy protection in December, less than two months after saying it would have to restate its profits for several years because of erroneous accounting.

The depositions are scheduled to begin on Monday with David B. Duncan, an Andersen auditor who was dismissed from the firm for supposedly coordinating the shredding of documents related to Enron.

Lieff Cabraser, the firm that represents the pension funds, had argued that because its clients lost $440 million they deserved precedence over the University of California, which says it lost $144 million. The states' group, which includes the pension funds of Alabama, Georgia, Ohio and Washington, has said that the four together lost $330 million.

James M. Finberg, a Lieff Cabraser lawyer, said last night, "I hope that the U.C. regents do everything they can to maximize the recovery for all the people that lost money." He added: "Another thing a responsible lead plaintiff does is make sure it's not a windfall for the lawyers, and I would hope the regents do that."

Lawyers for the states' group did not return telephone calls last night seeking comment.

Joseph McDermott, who represents Staro Asset Management, a hedge fund in Mequon, Wis., that bought Enron bonds, said he was surprised by the decision. "I thought she was going to pick more than one," he said.

"Payment in these class actions is now largely based on the amount of work that you do, and the work that's done by the lead will dwarf the amount that's done by the others," he added.

In his campaign for the lead plaintiff designation, Mr. Lerach actively courted the news media, posing for photographers in his "war room" at the Four Seasons Hotel in Houston before a large timeline of events in the Enron scandal. He carried a box of shredded paper into court, displaying it for reporters there to cover an otherwise dry hearing.

Those tactics changed markedly when he switched clients from Amalgamated Bank to the University of California, partly because other lawyers had criticized the tactics so much and partly because the university wanted to make its own public statements.

When Mr. Lerach was on TV, "he was not our counsel," said Trey Davis, a spokesman for the university. "The university is a public institution, so we generally prefer to communicate directly with the public."

Other lawyers, whose cases parallel the securities lawsuits, will still represent their clients, but their role will be relegated to advising and assisting Mr. Lerach.

Justin Campbell, a lawyer with Campbell Harrison & Dagley, which represents participants in the company's 401(k) plan in a case that will probably be tried separately but proceed jointly at several points, said that naming a lead plaintiff would make the case move efficiently.