To: sylvester80 who wrote (5056 ) 8/22/2002 1:26:21 PM From: stockman_scott Respond to of 89467 Slow Pace of Enron Probe Yields First Results. 8/22/02 The Daily Enronthedailyenron.com When the Justice Department decided to get tough on domestic terrorists Attorney General Ashcroft warned suspects that he would not wait to build a terrorism case against them. The DOJ, he said, would be proactive, not reactive. "If you so much as spit on the sidewalk we will arrest you...," Ashcroft warned. Since Ashcroft announced his get-tough-on-terrorists policy the authorities have arrested and detained hundreds of suspects on various charges other than terrorism. But, apparently the standard is different for corporate evildoers. While by anyone's figuring the damage suffered by the US economy because of corporate shenanigans has been in the hundreds of billions of dollars, only 19 executives have been charged so far. As of today, only one mid-level executive from the company that started it all, Enron, will plead guilty. That executive is Michael Kopper, 37, who served as the executive assistant of Enron's CFO, "special purpose entity" wizard Andrew Fastow. Under the plea deal Kopper will plead guilty to conspiracy to launder money and forfeit the $12 million he raked in for his part in the deals. Not to be left out, the Securities and Exchange Commission said yesterday it too would now file a complaint against Kopper charging him with securities fraud. Meanwhile, Enron's Three Amigos, Kenneth Lay, Jeffery Skilling and Andrew Fastow, remain free and uncharged - much to the consternation of Enron shareholders and creditors who worry that the three maintain full control over the assets they acquired from Enron. "These are individuals who have already shown both the talent and inclination for hiding assets offshore," said one creditor source. "With hundreds of millions of dollars in claims stacking up and the feds breathing down their necks you would have to be a fool not to believe that they are using this window of opportunity to shelter or hide as much of their ill-gotten gains as they can before someone freezes or seizes them." But, rather than apply the kind of "out of the box" aggressive actions the DOJ justifies for terrorist suspects, its corporate crime investigations have stuck to traditional white-collar crime investigation methods that take months, even years to yield single indictments. Not that they can't move faster when they want to. When the DOJ decided it needed to arrest some corporate scofflaw - any corporate scofflaw - to show it was on the job it promptly indicted former Tyco CEO Dennis Kozlowski - not for what he may have done wrong at Tyco, but for using high-priced art work to evade taxes. It will take months to unravel Tyco's inner workings but, in the meantime, Kozlowski - and his assets - will be tied up in court on the tax charges. The theory goes like this: if a person is suspected of committing massive financial frauds logic tells you that they probably also could not resist easier to prove petty crimes - the financial equivalent of "spitting on the sidewalk." So, hit them there first, put them and their assets on ice and then you take all the time you need to figure out and prove how they pulled off the big capers. The Kozlowski case proves they can do it when they want to. So, why don't they "want to" in the Enron case? Does anyone out there want to bet real money against the idea that Lay, Skilling and Fastow didn't fib on their taxes or lie in a business communication using a telephone (wire fraud) or the US Mail (mail fraud)? If so, step right up. I'll take your money ------------------------------------------------------ Quote of the Day "To Wall Street, I say, look beyond the latest quarter. Punish those who rely on deception, rather than the practice of openness and transparency…. Today, American markets enjoy the confidence of the world. How many half-truths, and how much accounting sleight-of-hand, will it take to tarnish that faith?" -SEC Chairman Arthur Levitt, Sept. 28, 1998