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


To: Glenn Petersen who wrote (1771)2/20/2002 11:39:01 AM
From: Glenn Petersen  Read Replies (2) | Respond to of 3602
 
Chief fudge-the-books officer

salon.com

Enron CFO Andrew Fastow wasn't a renegade -- he was just doing his job.

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By Dave Lindorff

Feb. 20, 2002 | One of the main victims of Enron's collapse has been the reputation of accounting firms -- the so-called gatekeepers who are supposed to prevent corporations from financial skulduggery. But in trying to fix things, critics who are calling for tighter accounting regulations may be looking in the wrong place. The problems that felled Enron -- wildly inflated earnings and enormous off-balance-sheet costs -- were not the work of Enron's auditor, Arthur Andersen. The fancy financing and fancier bookkeeping were, by most accounts, masterminded by Enron's chief financial officer, Andrew Fastow. And, far from being a renegade, Fastow (who declined to testify before Congress earlier this month) was just doing his job -- or, at least, he was doing precisely what today's CFOs are being told to do.

The CFO, traditionally, was the executive entrusted with ensuring that a company operates with financial discipline -- not excess. But in a business environment where investors are demanding ever-increasing earnings every quarter and anything less than 20 percent earnings gains is considered lackluster performance, CFOs are under steadily escalating pressure to fudge the books to make things look better than they really are.

This is a relatively recent phenomenon. It wasn't that long ago, suggests Warren Bennis, a professor of management at the University of Southern California, that a company's chief financial officer was considered staff, not part of the executive elite. "Even 12 or 13 years ago," he says, "CFOs were not regularly included at the table in executive meetings. Now the CFO is part of the club."

A few decades ago, the CFO's main job was confined to acting as the link between a company and its bankers. No more. In the go-go 1980s and especially the '90s boom years, daring corporate finagling became the name of the game -- and in the case of many recent technology start-ups, which had no earnings and sometimes not even any revenue, the only game. There were convertible bonds, junk bonds, derivatives, venture funds, pension funds, hedge funds, tracking stocks, spinoffs, joint ventures and, of course, on the cost side, a bewildering array of gimmicks, from offshore domicile changes to leasing deals, deferred employee compensation plans and purportedly one-time expense write-offs. Few if any of these maneuvers had anything to do with producing anything (except in some cases more money), but they did make a corporation's books look good. And responsibility for executing these maneuvers belonged to the new star executive player -- the CFO.

"The CFOs, who were supposed to be policing managers, have stopped policing and have become facilitators for managers," says Bruce Greenwald, a professor of finance at Columbia University's Graduate School of Business.

And since the CFO, quite often, is the only member of the executive team who actually understands the details of modern corporate finance, the position has become a hot spot for corporate trouble.

"In the CFO, you have someone with highly technical skills that these days the CEO and COO often don't even understand, yet there has to be this web of trust," says Bennis. "It's a paradox."

At the same time, says Bennis, the CFO is under constant pressure from the CEO, COO and president of the company to deliver ever increasing earnings and revenues. It is, he suggests, a recipe for Enron-style debacles.



To: Glenn Petersen who wrote (1771)2/26/2002 10:35:31 AM
From: stockman_scott  Respond to of 3602
 
Skilling is testifying before the Senate right now...

Senators Express Skepticism About Ex-Enron CEO Jeffrey Skilling's Testimony to Congress

By MARCY GORDON
AP Business Writer
Tuesday February 26, 10:20 am Eastern Time

WASHINGTON (AP) -- Senators expressed skepticism Tuesday about former Enron chief executive Jeffrey Skilling's testimony to Congress that he was unaware of the company's precarious financial position.

Skilling sat without expression, listening attentively, as members of the Senate Commerce Committee denounced Enron's conduct and cited huge losses to public pension funds in their states. At an adjacent witness table was Sherron Watkins, an Enron vice president who has contradicted Skilling's version.

``Mr. Skilling, if you plan to tell this committee that you did not understand Enron's true financial condition, then you will need to explain why, why you failed to understand things that any diligent chief executive officer would have understood,'' said Sen. Jean Carnahan, D-Mo.

Sen. Peter Fitzgerald, R-Ill., told Skilling there is a chess game going. ``Our challenge is to find a way to check every single one of the moves you made on that Enron board,'' he said.

``I do, however, approach your testimony with some skepticism,'' Fitzgerald said.

At the conclusion of the senators' opening statements, Skilling, Watkins and Jeffrey McMahon, Enron's president and chief operating officer, were sworn in as witnesses.

All three testified, separately and under oath, this month before a House investigative panel. Other top Enron executives, including Lay, have invoked their Fifth Amendment rights against self-incrimination and refused to testify.

``We're trying to search for the truth here,'' said Sen. Byron Dorgan, D-N.D., whose Commerce subcommittee on consumer affairs is investigating the energy-trading company's collapse, the biggest bankruptcy in U.S. history. ``I think it will be helpful ... to compare responses.''

Lay told Enron employees at a meeting last Oct. 23 that the partnerships were a mistake, but he did not blame chief financial officer Andrew Fastow, who ran them, a videotape made public Monday by Rep. Henry Waxman, D-Calif., shows. The company had recently disclosed a third-quarter loss of more than $600 million and federal regulators had opened an inquiry into its accounting.

``I and the board are also sure that Andy has operated in the most ethical and appropriate manner possible,'' Lay is seen saying on the tape. The next day, Fastow was fired.

Watkins told the House Energy and Commerce panel Feb. 14 that she believed Skilling and Fastow -- along with Enron's auditing firm, Arthur Andersen LLP, and outside legal advisers -- ``did dupe Ken Lay and the board.''

The Justice Department and the Securities and Exchange Commission are investigating Enron and the role of Andersen, which has admitted its employees destroyed massive numbers of documents related to Enron.

Watkins called Skilling ``a very intense, hands-on manager'' and said she ``would find it hard to believe that he was not fully aware'' that the partnerships run by Fastow were largely financed by Enron stock, contrary to normal accounting practices.

A week earlier, before the same subcommittee, Skilling testified that he was assured by others at Enron that the transactions were correct.

According to McMahon's Feb. 7 testimony, he was transferred from his job as treasurer shortly after he complained to Skilling about the partnerships in a meeting on March 16, 2000.

Skilling has said he couldn't recall details of key conversations that subordinates, including McMahon, testified they had with him.

Waxman wrote Skilling on Monday requesting information on his comment at an Enron employee meeting on Oct. 3, 2000, that the company's accounting practices were ``conservatively executed.''

Waxman, senior Democrat on the House Government Reform Committee, said Skilling was seen making the statements on another videotape received last week from Enron.

Hiler, the Skilling lawyer, called Waxman's inquiry an ``attempt to draw unsubstantiated conclusions from (a) new piece of information.''



To: Glenn Petersen who wrote (1771)2/26/2002 5:59:23 PM
From: stockman_scott  Read Replies (1) | Respond to of 3602
 
Seattle lawyers to argue case for Enron workers

By JIM KENNETT
BLOOMBERG NEWS
Tuesday, February 26, 2002

The Seattle law firms of Keller Rohrback and Hagens Berman will be the lead attorneys representing Enron Corp. employees who say they lost up to $1 billion in pension funds when the energy company's stock price plummeted.

U.S. District Judge Melinda Harmon said during a hearing yesterday that she will sign an order proposed by the lawyers pressing the pension-fund cases. Lynn Sarko, of Keller, and Steve Berman, of Hagens, will be lead counsel.

The decision places two veteran class-action lawyers at the head of the pension-fund case. Sarko and Berman teamed up on legal action related to the Exxon Valdez oil spill.

"I'm thrilled. It's the most important assignment I've ever had," Berman said.

Although the pension litigation promises to be long and complex, Keller Rohrback expects its current staff can handle the workload, Sarko said yesterday.

The plaintiffs' group consists of the two lead-counsel firms and seven other law firms that have formed a steering committee, said Eli Gottesdiener, an attorney on the committee.

The plaintiffs claim the value of Enron stock they had in their 401(k) and other pension funds plummeted when the company restated earnings for more than four years after the disclosure that it had used off-book partnerships to hide debt and losses.

The employees accuse the company of encouraging them to buy Enron shares while executives sold millions of dollars in stock. They also say another defendant, the Arthur Andersen LLP accounting firm, misrepresented Enron's financial condition.

Enron filed for bankruptcy protection Dec. 2, in the largest-ever Chapter 11 filing.

On Feb. 15, Harmon appointed Milberg Weiss Hynes & Lerach LLP to be lead counsel for shareholder lawsuits filed against Enron claiming securities fraud.

The lead counsel in a lawsuit determines strategy and the size of any settlements, and collects the bulk of the legal fees.

Harmon also heard arguments from attorneys for both sides on a schedule for taking the cases to trial.

She did not make a decision.