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To: Jim Willie CB who wrote (4922)8/20/2002 5:55:40 PM
From: stockman_scott  Read Replies (2) | Respond to of 89467
 
<<...Enron pleas could open some floodgates...>>

Yup...It's time to move up the food chain...I hope The Justice Department will play hard ball and get the evidence they need to indict the captains of the ship (Lay and Skilling)...A message MUST be sent to corporate America.



To: Jim Willie CB who wrote (4922)8/20/2002 6:05:46 PM
From: stockman_scott  Respond to of 89467
 
An LA TIMES article on "The RAH RAH BOYS" & MEDIA COMPLICITY

latimes.com

The Rah-Rah Boys
There are no mea culpas from the gurus who prophesied an unending bull market. They're still cruising from one posh gig to the next.
By THOMAS FRANK
[Thomas Frank is the editor of the Baffler magazine and author of "One Market Under God."]

August 18 2002

CHICAGO -- Many of the '90s icons have passed from the scene: The swashbuckling dot-com entrepreneurs have moved back in with mom, the rule-breaking CEOs are being hauled before Congress for tongue-lashings, the day-trading seniors who were supposed to "beat the pros" are thanking God that Social Security still exists. But one group remains untouched: the public intellectuals of the bull market. The writers of Dow-worshipping books and commentators who handed down daring pronunciamentos from the silicon heights are still cruising from one posh gig to the next.

If you tuned in to CNBC at any point during the long, slow meltdown of the last couple of months, you probably saw the news reader turn to a representative of Forbes magazine, formerly one of the world's most enthusiastic pushers of bull market optimism, now cast as an expert on a market in retreat. If you kept watching for a few hours, you probably enjoyed the surreal sight of James Cramer, one of the late boom's most prolific publicists, trying to feign outrage at the same forces he once cheered. And you undoubtedly gaped in disbelief when you recognized Cramer's co-host as Larry Kudlow, the hyperexuberant economist who once proclaimed from the op-ed page of the Wall Street Journal that the free-market policies of the Reagan/Clinton years were so profoundly correct that they would one day cause the Dow Jones industrial average to hit 50,000.

The Journal itself, far from showing contrition for its New Economy excesses of a few years back, recently ran a defense of the nation's beleaguered stock analysts by none other than James Glassman, coauthor of the 1999 book "Dow 36,000." In his article, Glassman argued that analysts from the big Wall Street firms are being unfairly singled out for blame by killjoys like the New York attorney general. "Every bear market requires a scapegoat," Glassman wrote, "and this time the chosen victims are stock analysts." Glassman is certainly right about the stock analysts. However guilty they are for puffing the bubble, analysts alone shouldn't be forced to bear the blame for the subsequent catastrophe. That burden should be shared--by, for example, Glassman himself, the editors of the Wall Street Journal op-ed page, Forbes magazine, Cramer and Kudlow.

Messrs. Cramer and Kudlow should, by all rights, have been sentenced to some kind of lengthy intellectual exile, required to spend the next decade in a defunded public library somewhere, reading the complete works of John Maynard Keynes. But a full year into the slow-motion crumbling of the Nasdaq, CNBC decided instead to reward these two great salesmen of the bull market with their own daily program, where their thinkings, alternately frenzied and surly, can reach an even wider audience than before.

So too with Glassman. Instead of being required to write "I will not confuse libertarian hallucinations with practical investment advice" 36,000 times, he was indulged with a seat on President Bush's 21st Century Workforce Council.

We are finally rid of the most egregious corporate swindlers of the 1990s. Why aren't the intellectual snake-oil salesmen following the dot-cons into oblivion? On the most elementary level, it's because the nation's newspapers, think tanks, magazines and TV networks have a great deal to lose were we to turn on the New Economy theorists in the manner they deserve. If the intellectuals of the '90s boom are to sink like the stock analysts and CEOs into the depths of public scorn, those newspapers and think tanks would bear the brunt too. After all, any comprehensive list of those guilty for puffing the '90s bubble would read like a who's who of American media.

Try to remember what it was like in those feverish days. Virtually everyone agreed: The stock market was a form of democracy. It was a juggernaut powered by the divine inevitabilities of Silicon Valley and the awesome assembly of the people of the globe. This was well-nigh universal stuff: Both Tony Blair and Bill Clinton were believers, as were Al Gore and George W. Bush. Small-town papers across the country carried the stock-picking homilies of the Motley Fool. Bookstores everywhere allowed you to choose between reassuring stock tips penned by the Beardstown Ladies, a set of kindly Midwestern grandmas and irony-drenched stock tips penned by the Capitalist Pig, a hip Chicago Gen-Xer. Your next-door neighbor had seen the light and was day trading from his rec room, and you were thinking about doing it too.

Another reason that so many of the hyperventilating pundits of the 1990s have proven impervious to the usual consequences of error is that generating an accurate depiction of economic life really wasn't their main function. When they told the world about the miracles of the Internet and the obsolescence of all previous economic knowledge, the public thinkers of the New Economy were interested in something else.

That something else was politics. After all, the central tenet of the New Economy faith was that the free market was the highest and most rewarding form of human existence, a notion that would have seemed transparently ideological had it not always been couched in the language of technology and in lofty phrases about the juggernaut of history and the will of the common man. The great economic commentators of the '90s didn't dissect the corporation so much as propagandize for it, looking ahead to a time when the little people would identify more with the corporation than with the government.

Again, Glassman provides the apposite example. Marveling at the great things that were to happen when we the people drove the Dow all the way to 36,000, he and his coauthor wrote, "The first change we expect is political." Just as "the crash [of 1929] was the catalyst for the modern welfare state," so an eternally rising market will have "the opposite effect. As more and more Americans gain a larger and larger stake in stocks, their views undoubtedly will shift on such matters as business regulation, taxes, antitrust policy, trade, and even foreign affairs."

Another clue to the real nature of the New Economy should have been the right-wing pedigrees of a number of its most prominent gurus. Glassman himself is a fellow at the American Enterprise Institute. The banker Walter Wriston, who wrote an influential 1992 book about the wonders of the Information Age, was once one of that institute's trustees. Kudlow worked for the Reagan administration, the George W. Bush transition team and the right-wing Empower America foundation. George Gilder, the most celebrated tech writer and stock picker of the 1990s, the man who launched a thousand silicon shibboleths, came to punditry after achieving considerable fame as an ultraconservative political theorist and a speechwriter for President Reagan.

The prominence of these people and others like them were, to a great degree, unrelated to their skills as economic prognosticators. Their trade was politics, and at it they were wildly successful. Americans were indeed persuaded to roll back the regulatory state in the 1990s, to give the corporations whatever they wanted, to slash welfare, to smash the labor unions and even to (sort of) elect the most pro-corporate administration since Herbert Hoover's, headed by a man who promised to privatize Social Security.

Today, though, the picture has changed. And for most of last year's gurus, the battle has simply shifted. Now it is a matter of blame and they are on the defensive, fighting to rescue their beloved free market with even more zeal than when they were talking up the Nasdaq back in '98. The crash has brought the consequences that crashes always bring: a return of the regulatory state, demands for the end of excessive CEO pay, public anger at businessmen rather than liberal college professors and--who knows?--maybe the revival of labor unions and the estate tax. For the business class the stakes are huge, and the job that confronts their army of economic commentators is weightier than ever.

Nevertheless, they have risen to the challenge with impressive creativity, cranking out a thick smokescreen of blame evasion where they once generated a fog of prosperity without limits. Whatever happens, they argue, it cannot possibly be the fault of the market. Never mind the fact that one of the very measures taken by corporations in the '90s to ensure that market rationality prevailed--the granting of stock options to top executives--is the single greatest culprit in the present fiasco: Markets never fail. Other parties, namely government, must be responsible. "This is Washington's recession," a glowering Kudlow said a little over a year ago, "for which nothing is more to blame than the arrogance of policymakers, who refused in the first place to recognize the real sources of prosperity and then refused to acknowledge that slumping stock markets were a referendum on Washington's mistakes."

Over the last year, dozens of candidates have been unearthed and pushed forward, then abandoned out of self-evident absurdity. Kudlow, for example, blamed the antitrust lawsuit against Microsoft. Gilder blamed antitrust restrictions placed on WorldCom. Others got indignant about taxes, which are always too high, since, by definition, they are equivalent to theft, or about New York's lawsuit against Merrill Lynch. With my own eyes I watched a TV show in which business reporters blamed government policy for tripping up the good people of Enron.

A more forthright school of thought blamed the public. In good times corporate ideologues had claimed to see the majesty of the vox populi in every blip and surge of the Dow; why not simply invert that argument in these desperate days? After all, it was "the Internet enthusiasm of small investors" that caused the bubble, the Wall Street Journal's Holman Jenkins wrote recently. It was mom and pop who "bear primary responsibility for driving up stock prices of speculative businesses and causing billions of dollars to flow into the creation of assets for which there is no demand now."

My personal favorite evasive maneuver, though, is the denunciation of thought crime, of those who harbor doubt and negativity. Markets can't take criticism, apparently, especially when it comes from liberal Democrats. One would think that the gurus would keep their distance from this line of blame assessment, as it seems to suggest that the stock market is a fickle, pusillanimous institution, turning tail at the slightest sign of adversity--which can hardly be reassuring to the millions of investors being told that the market is a safe place for their savings. Yet everyone from Tom DeLay to Rush Limbaugh has been hitting this issue hard of late. Critics must be silent or prosperity will never return.

But Rush and the gang have the matter entirely upside down. America's current problems stem not from an excess of dissent but from the utter unaccountability of corporate apologists like Cramer, Kudlow, Glassman and the Wall Street Journal. What was and is needed in America is not the complete and final quieting of dissent but a vibrant counterpoint to the chorus of promoters who virtually monopolized economic discussion in the 1990s. What will prevent bubbles and manias and mass delusions and maybe even bad government is a new set of public thinkers willing at least to entertain the notion that capitalism might not always allocate goods fairly or efficiently; that markets may not always be synonymous with democracy; that voting and collective bargaining are expressions of the popular will every bit as legitimate as shopping and day trading.

Maybe market meltdowns are what happen to a country when commentary on matters economic becomes the exclusive province of business thinkers. When labor unions are systematically crushed. When dissent is divorced from matters economic or social and becomes instead a quality of middle-class taste preferences, of "extreme" cars and "radical" packaged goods. When management theorists take it as their duty to dazzle us with a crescendo of free-market worship. When leaders of left parties cleanse their ranks of laborites, of New Dealers, of Keynesians, of socialists. When newspapers refuse to open their columns--on grounds of laughable, self-evident dinosaurdom--to doubters and second-wavers and old-school liberals.

Today we are paying for each of these, for all of the ways in which we expunged the common sense of our parents' America from our lives. With each month's nauseating returns, we are making good the intellectual folly of the last 10 years.



To: Jim Willie CB who wrote (4922)8/20/2002 6:11:11 PM
From: stockman_scott  Respond to of 89467
 
Reuters Business Report - Former Enron Exec Kopper to Plead Guilty

Tuesday August 20, 5:30 pm Eastern Time

WASHINGTON (Reuters) - Former Enron Corp. (Other OTC:ENRNQ.PK - News) executive
Michael Kopper is expected to plead guilty on Wednesday to the first criminal charges in the
investigation into the failed energy giant and will surrender $12 million in "criminally derived" assets,
sources close to the investigation said on Tuesday.

These are the first criminal charges in the U.S.
government's investigation into Enron, which
was launched after the company collapsed last
fall amid controversy.

Although U.S. investigators have made several
high-profile arrests of top executives of other
companies accused of corporate wrongdoing,
they had yet to charge anyone connected to
Enron.

Kopper worked in the company's Enron
Global Finance division and was closely
connected to the failed energy giant's former
Chief Financial Officer Andrew Fastow.

He was considered Fastow's chief lieutenant in managing numerous off-balance-sheet partnerships
that eventually helped destroy Enron.

It was widely expected that someone close to Fastow would face charges before the former CFO --
or any of the company's other senior officials -- were charged. In so doing, prosecutors may attempt
to gain co-operation in subsequent cases against Enron's most senior executives.

Kopper will plead guilty in Houston on Wednesday morning to one count of conspiracy to commit
wire fraud and one count of conspiracy to commit money laundering, the sources said. As part of the
deal he will also surrender the $12 million.

Enron filed for bankruptcy on Dec. 2, wiping out thousands of jobs and billions of dollars in equity,
shaking investor confidence and triggering investigations by the Securities and Exchange
Commission, the U.S. Congress, and the Justice Department.

Kopper's attorneys could not immediately be reached for comment. A Justice Department
spokesman would not comment.

The Powers Report, an internal investigation by Enron directors, blamed Fastow for creating and
managing the partnerships, but made clear that Kopper was right beside him in negotiating the
complicated transactions that brought windfalls to both of them and other employees.

Kopper was believed to have earned more than $10 million from the secret partnerships, on whose
behalf he often negotiated when in discussions with Enron. Fastow did much the same, working both
sides of the deals until Enron decided he could no longer be the general partner of a key
off-balance-sheet partnership, LJM II.

In one partnership, known as "Chewco," Kopper earned $10 million from Enron for a $125,000
investment. He also was instrumental in a partnership named "Southampton Place," so named for the
swanky area of Houston where he and Fastow lived.

He sold his interest in LJM to Kopper in July 2001, which allowed Enron to avert -- temporarily --
the problem of having a top executive running an outside partnership rife with conflicts of interest.
Kopper left Enron at the same time to run LJM, which he since lost control of in legal battles.

biz.yahoo.com



To: Jim Willie CB who wrote (4922)8/21/2002 12:04:55 AM
From: SOROS  Read Replies (1) | Respond to of 89467
 
Do you think CNBC will have this guy on? I'd love to see their faces if he got booked by mistake. Kudlow might "ether" him.

Unified Market Theory, Short-Term Forecast:

The Unified Market Theory short-term forecast has been modified. The new formula for forecasting the market does two things better than the old model:

1) It projects turning points more accurately.

2) It projects trend two months ahead of time, rather than one month with the old model.

The forecast below was made on August 16, 2002. The short-term, counter-trend rally in the S&P 500 Index is now all but over. A number of intermediate and short-term indicators have reached over-bought levels. Also, the S&P Index is now up against massive overhead resistance at the 950 head-and-shoulders neckline level. A quick drop below minor support at 775 is expected. After that, a panic could easily develop -- dropping the S&P 500 Index to as low as 300, which is about 1/3 of its current level. The panic is now projected to occur during the first two or three weeks of September.

stevepuetzletter.com



To: Jim Willie CB who wrote (4922)8/21/2002 8:15:49 AM
From: stockman_scott  Respond to of 89467
 
'Noose is tightening' in U.S. probe

Ex-Enron exec to plead guilty
By MICHAEL HEDGES
Houston Chronicle Washington Bureau
Aug. 21, 2002, 2:04AM

Former Enron executive Michael Kopper will plead guilty today to the first federal criminal charges against an ex-Enron executive, energizing the sprawling investigation into the company's collapse, sources said.

Kopper, 37, a protégé of former Enron chief financial officer Andrew Fastow, will admit to conspiracy to commit wire fraud and conspiracy to illegally launder money. As part of the plea, to be entered at a hearing in Houston federal court, he will agree to cooperate with the Enron probe, sources said.

The agreement could give prosecutors critical leverage over Fastow, the architect of transactions that helped send Enron spiraling toward bankruptcy last year, sources said.

Under the agreement, Kopper will forfeit $12 million obtained in Enron-related deals and could face prison time and heavy fines, sources said.

The conspiracy to commit money laundering charge carries a 10-year maximum prison sentence, the wire fraud charge five years.

In a related matter, the Securities and Exchange Commission will file a civil complaint against Kopper charging him with securities fraud, sources said.

Kopper's plea was viewed as a crucial step forward.

"The noose is tightening. Clearly the government is making important progress, especially if they can get Kopper to cooperate in the investigation of Fastow," said Philip Hilder, a former federal prosecutor who now represents Sherron Watkins, an Enron executive who tried to alert the company to Fastow's accounting practices.

"This is big. It is a substantial development that obviously helps in the case against Fastow," said an attorney involved in the Enron case. "This could be a critical breakthrough the government has been waiting for."

Allowing Kopper to agree to plead guilty before being indicted indicates the government values the information he can provide, experts said.

"They would not work a deal with Kopper unless they were confident that he had been thorough and forthcoming with them about his knowledge of inside workings at Enron," said an attorney involved in the Enron investigation.

It will take time to see how the agreement with Kopper may affect the probe of the company or such executives as former chairman Ken Lay and former chief executive Jeff Skilling, said those close to the case.

Kopper's attorney in Washington did not return calls for comment. His attorney in Houston, Eric Nichols, would not comment.

Bryan Sierra, a spokesman for the Justice Department's Enron task force said he had no comment on the Enron investigation.

SEC spokeswoman Christi Harlan said, "I cannot confirm or deny" that Kopper would also be charged in a civil fraud complaint by that agency.

An Enron employee since 1994, Kopper headed its Global Finance division. He came to be considered Fastow's principal deputy in designing and managing the off-the-books partnerships that helped sink Enron.

Those deals included the formation in late 1997 of a confidential partnership called Chewco Investments L.P. that eventually cost the company hundreds of millions of dollars, as well as an ill-fated venture called Southampton.

"He advanced very quickly, primarily through the influence of Andy. He clearly rode Andy's coattails. He also had a fairly close relationship with Skilling," an Enron executive said Wednesday.

Kopper, conspicuous inside the company for his Giorgio Armani and Ermenegildo Zegna suits, was seen as Fastow's right arm.

"Michael had his dark side. When he needed to wield his influence, he played the Andy card," the Enron official said.

"He could be difficult to take on if you questioned the way he wanted to do things."

He would discuss the legal issues of Enron's business deals "in a very cavalier manner," as if he found the details tedious, said a former co-worker.

That ex-Enron executive said Kopper and Fastow effected a strikingly similar attitude.

"They felt they were almost untouchable. They thought they were smarter and better than everybody else," he said.

Fastow spokesman Gordon Andrew declined to comment for this story.

Kopper and Fastow were key players in transactions that federal officials and an Enron board investigation have identified as critical to the company's downfall, including Chewco and Southampton.

Chewco, named after the Star Wars character Chewbacca, was set up to keep more than $600 million in debt off Enron balance sheets. It was a precursor to other partnerships run by Fastow, such as LJM1 and LJM2.

Instead of finding outside investors for Chewco, Fastow assigned Kopper to run it. Using false names to hide their identities, Kopper and his domestic partner, Continental Airlines employee William Dodson, put up $125,000 in cash, and borrowed $11 million from Barclays Bank -- loans guaranteed by Enron.

When the partnership was dismantled in early 2001, Kopper and Dodson netted $10.5 million, roughly 100 times their initial investment.

But later that year, when Enron's outside accountants discovered that Kopper and Dodson's initial stake in the Chewco did not reach the 3 percent threshold required for the partnership to be considered independent, Enron was forced to restate earnings, taking a $405 million loss, which helped propel its slide into bankruptcy.

Kopper also scored big as part of a venture called Southampton. In late June, three British bankers were charged with fraud for their part in the deal.

The three allegedly got their bank to sell its interest in Southampton for about $1 million, far less than its book value, then resold it to Enron, netting $7.3 million, the Justice Department charged.

The three, Gary Steven Mulgrew, Giles Darby and David Bermingham, have refused to discuss the case, through their attorney, John Reynolds.

They are believed to be still in Britain.

The filing of those charges seemed to make it clear that Kopper and Fastow were the targets of the federal investigation, those close to the case said.

In early 2000, Fastow and Kopper each turned a $25,000 investment in Southampton into a $4.5 million gain within a few months, according to a special report released earlier this year by the Enron board.

Former Enron treasurer Ben Glisan and company lawyer Kristina Mordaunt also made huge returns from minimal investments in Southampton.

_____________________________________
Chronicle reporters Mary Flood, Bill Murphy and Lisa Teachey contributed to this story.

chron.com



To: Jim Willie CB who wrote (4922)8/21/2002 8:32:22 AM
From: stockman_scott  Respond to of 89467
 
Some think 'a racketeering charge' is coming...

Kopper may not be enough

Will financier's plea satisfy cries for action?
By MARY FLOOD and BILL MURPHY
Houston Chronicle
Aug. 21, 2002, 12:36AM

Legal experts were mixed Tuesday in their opinions on whether today's expected plea bargain of ex-Enron executive Michael Kopper will quell the mounting cry for Enron scalps.

Some say the plea by Kopper, former managing director of Enron Global Finance, in federal court in Houston today will ease the pressure, but others think Kopper's not a big enough fish to keep politicians quiet. With a November election looming, that will take a charge against someone like former Chairman Ken Lay, ex-Chief Executive Officer Jeff Skilling or ex-Chief Financial Officer Andrew Fastow, who seems the likely next target for prosecutors.

The Enron Task Force of top prosecutors and FBI agents was formed in January and beefed up in June after obtaining a guilty verdict against company auditor Arthur Andersen. The task force has also secured a guilty plea from Andersen partner David Duncan, set to be sentenced in October, and filed charges against three British ex-bankers related to Enron deals.

Several senators have called for charges against former Enron executives, and CNN Moneyline host Lou Dobbs has been running a graphic showing the number of days that have passed with no such indictments.

Joel Androphy, a Houston white-collar criminal defense lawyer, said Kopper's plea agreement is a huge victory for prosecutors and will be seen as such in the court of public opinion.

"It's a leap forward for the government," Androphy said. "Everyone above this guy has to be increasingly nervous. This gives the government a real heavy hammer to coerce cooperation from others. This person will be working for the government for many years."

Androphy said he wasn't surprised at how long prosecutors are taking to build cases. This plea indicates they are going after top-level executives and are slowly moving up the food chain, Androphy said.

Androphy said that if somebody pleads guilty to a conspiracy to commit money-laundering, that is significant.

"I sense that a racketeering charge is coming," he added.

Dan Hedges, a Houston lawyer and former U.S. attorney here, said the plea should take some undeserved political heat off the case. Prosecutors have five years to file charges, he said, and in such complex white-collar cases years are often needed.

As an example, he cited the case against savings-and-loan executive Charles Keating. It was over 2 1/2 half years after his institution went bankrupt before a federal grand jury indicted Keating.

"But at the same time this takes some heat off, it will speed up the process. Rather than having to dig up facts one at a time from a variety of sources, they have a quicker way to some information" through Kopper, Hedges said.

Jacob S. Frenkel, a former Securities and Exchange Commission lawyer and ex-federal prosecutor, said he thinks the critics will continue to complain.

"I don't think Kopper is a big enough player in comparison to who has been arrested and accused in other corporate cases recently," he said.

He said a prosecutor's viewpoint is different from a politician's. "I don't think this will really make a difference from the political perspective."

The political heat had been so intense that many Enron figures have asked their criminal lawyers to keep quiet. But Mike Ramsey, a prominent Houston criminal defense lawyer on former Enron Chairman Ken Lay's legal team, said it's time for them to start speaking out.

Ramsey said last week that some public response is essential to counter the demagoguery flowing from Washington.

"There is so much political heat on this, the pipes are about to burst," he said. "At a time that calls for careful investigation, Washington wants scalps before the November congressional election."

Ramsey said it was "un-American" for Senate Majority Leader Tom Daschle to demand to know why Enron officials haven't been indicted, though the legal issues are stupefyingly complex and far from being unraveled.

Ramsey said he has twice talked to an Enron task force prosecutor in Houston to explain his client's position on some issues. He said the task force lawyers and agents seem reasonable, but political pressure could soon make them unreasonable.

The prosecutors have vowed to keep politics out of their decisions and say they've felt no pressure. But defense attorneys who talk to the prosecutors say some have acknowledged that politics adds a layer of stress to their work.

Doug Durham, a former federal prosecutor now in private practice, said prosecutors are not immune to political pressure.

"Obviously, there is political pressure. The president has made it clear that he wants to make white-collar criminals responsible," he said. "The Justice Department is under pressure to make people accountable."

But Phil Hilder, another former federal prosecutor and lawyer for Enron vice president Sherron Watkins, author of a famous memo that predicted the company's downfall, said the lead Enron prosecutors are not the type to be susceptible.

"These prosecutors are all career prosecutors, and they are not going to bow to political pressure," he said. "They aren't going to do anything they don't feel right in their hearts about."

chron.com