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


To: Mephisto who wrote (4589)10/10/2002 4:59:35 PM
From: Raymond Duray  Read Replies (1) | Respond to of 5185
 
Mephisto,

This is great, we're taking back the media:

portland.indymedia.org:8081/front.php3?article_id=25479&group=webcast



To: Mephisto who wrote (4589)10/11/2002 1:10:29 PM
From: Mephisto  Read Replies (2) | Respond to of 5185
 

Bush Linked to Harken Off-the-Books Deal
President Did Not Profit; White House Says Venture
Can't Be Compared to Enron

washingtonpost.com

Bush Linked to Harken Off-the-Books Deal
President Did Not Profit; White House Says Venture Can't Be Compared to Enron

By Dana Milbank
Washington Post Staff Writer
Thursday, October 10, 2002; Page A06

When President Bush served as a director of an energy company
12 years ago, he approved the creation of an off-balance-sheet partnership
that reduced the company's debts and improved earnings in a transaction
similar to those that led to the collapse of Enron Corp.

As a director of Harken Energy Corp. in 1990, Bush, who had
sold his own oil business to Harken and was retained as a consultant, made
the motion at a board meeting to negotiate the transfer of struggling Harken
assets into a partnership with Harvard University's investment
arm, Harvard Management Co. Inc., documents indicate.

Unlike Enron, which used partnerships to conceal debts and loss-making
operations, Harken's partnership followed accounting rules and
was disclosed to investors and regulators. Bush did not profit personally
from the transaction because he had sold most of his shares earlier.
"There is simply no comparison" to Enron, said White House spokesman
Scott McClellan. "It was disclosed to investors and it conformed to
accounting rules."

But news of the partnership, first reported yesterday in the Wall Street Journal
and the Boston Globe after documents were gathered by a
group called HarvardWatch that monitors Harvard investments,
provides an unwelcome link between Bush and the accounting scandals that
have spooked investor confidence this year. After creation of the partnership,
depressed Harken shares enjoyed a brief renaissance as the
company's financial situation appeared to improve, in part because
of the removal of $20 million in debt.


According to board minutes of Aug. 29, 1990, obtained by HarvardWatch,
Bush made the motion, which was approved, to "proceed in
negotiations . . . toward formulating a letter of intent" creating "a new entity."
The entity, which became the Harken Anadarko Partnership,
included oil and gas properties to be managed by Harken.

Harvard Management, which invests the university's endowment,
was a major investor in Harken, at one point owning 30 percent of its
shares. Its investments began at about the time that Bush, the son
of the then vice president, became a director of the company in 1986.

According to the Journal, Harvard's support of Harken influenced A. Robert Abboud,
then head of First City Bancorp, to take over another
bank's loans to Harken in 1990 and rescue Harken from default.
Abboud had been a prominent supporter of Saddam Hussein's government
in Iraq before the Persian Gulf War. Abboud also had ties to
President George H.W. Bush, the current president's father.


McClellan, the White House spokesman, said the ties between
Harvard Management and Harken had nothing to do with the Bush
connections because talks about a possible Harvard investment in Harken
began before Bush became a director. McClellan said the
off-balance-sheet partnership was proposed by Harvard, and the
university investors "set the terms of the partnership."

Harvard said in a statement yesterday that its investments in Harken
were not inappropriate" and had nothing to do with Bush connections.
"The role of the Harvard Management Company is not to curry political
favor but to invest well on Harvard's behalf," the statement said.

A phone call to Harken officials seeking comment was not returned.

The partnership significantly improved Harken's fortunes. Its shares,
which had fallen to $1.25 in late 1990 from an earlier high of $6,
climbed to $8 in 1991. The stock improvement came as Harken's debt
and interest expenses fell because of the partnership. Harvard
benefited from the higher stock price by selling 1.6 million shares
between September 1991 and October 1992, HarvardWatch said.

By December 1992, Harvard Management had bought all of Harken's
interest in the partnership. Harvard sold the venture in 1993 to Cabot
Oil and Gas Corp. for stock valued at $34.6 million, HarvardWatch said.

The partnership "bears striking resemblance to the partnerships Bush has
condemned at Enron," HarvardWatch argued. "It was controlled
by and transparent only to Harken insiders, and likely was used to
artificially brighten the company's business prospects."


© 2002 The Washington Post Company
washingtonpost.com



To: Mephisto who wrote (4589)10/11/2002 1:31:09 PM
From: Mephisto  Respond to of 5185
 
Bush risks hypocrisy charge over Harken accounts

" Mr Bush was a director at Harken from 1986 to 1993 and at the
time in question was a $100,000 a year consultant. Minutes
show that he personally approved the deal. "


David Teather in New York
Thursday October 10, 2002
The Guardian

President George Bush was yesterday laid open to further
allegations of hypocrisy in his condemnation of the aggressive
business practices of the 1990s when more details of his own
dealings were published.

Harken Energy, the oil and gas company behind the US
president's wealth, used an off balance sheet entity to move
poorly performing assets and debts off its books, according to a
report which draws comparisons with Enron.


The off balance sheet entity, a partnership with the investment
arm of Harvard University, was formed in 1990 at a critical time
for the company's finances.

HarvardWatch, an alumni and student group which monitors the
university's investments, likened the venture to those used at the
disgraced energy firm Enron to disguise debts before it
collapsed.

Mr Bush was a director at Harken from 1986 to 1993 and at the
time in question was a $100,000 a year consultant. Minutes
show that he personally approved the deal.


"The partnership bears strong resemblance to the
widely-condemned Enron partnerships, controlled by insiders
and disguising the dismal prospects of the company," the
watchdog said.

The venture enabled Harken to shift $20m (£13.1m) in debt and
liabilities off the balance sheet. Harvard's venture capital division,
Aeneas, contributed $64.5m of drilling assets to the partnership.

In return Harken received a much-needed injection of cash -
$100,000 a month in management fees, and drilling and services
fees of more than $3m in the first year.


The deals were disclosed at the time to the US regulator, the
securities and exchange commission and complied with
accounting rules. It is the kind of aggressive financial
engineering that the president has strongly criticised.

Over the summer political rivals made capital of a 1991 insider
dealing investigation into the future president by the SEC. Mr
Bush sold 212,140 shares for $849,000 two months before the
company reported a $23.2m quarterly loss but the SEC closed
the case without taking action.


The White House dismissed any hint of wrongdoing. A
spokesman said: "Independent reports note that [the
partnership] complied with accounting rules, so there is no
comparison with Enron."

There were also reports yesterday that New York prosecutors
are considering criminal charges against auditors at
PricewaterhouseCoopers who failed to report the alleged looting
of Tyco by its former chief executive officer, Dennis Kozlowski.

guardian.co.uk



To: Mephisto who wrote (4589)10/13/2002 1:18:05 PM
From: Mephisto  Read Replies (1) | Respond to of 5185
 
Moles at Work
The New York Times

October 11, 2002


By PAUL KRUGMAN


So here's my theory: Michael Oxley, Harvey Pitt and George W. Bush are all Communist
moles who have worked their way into the center
of the capitalist system in order to destroy it.
How else can you make sense of their actions?


It's true that in July they grudgingly agreed to a corporate reform bill,
which briefly calmed the growing investor panic. That was because it's
essential for them to control Congress - they need maximum leeway
to wreck the U.S. economy
. But then they found a better answer.
Saber-rattling over Iraq does double duty.
It distracts the media: on Wednesday the Dow fell 215 points, hitting a nearly
five-year low, while consumer confidence fell to levels not seen since 1996,
yet neither story was treated as front-page news. And war talk
itself helps depress stocks and consumer confidence, and further
undermines the economy.


The master stroke came last week. Even as evidence mounted that the wheels
are coming off our so-called recovery, the conspirators carefully
destroyed the credibility of July's corporate reforms. The Financial
Times reports that it wasn't just Congressional Republicans and the
accounting industry that blocked the appointment of John Biggs to
head a crucial new accounting oversight board; the White House was
"concerned at labor union backing for Mr. Biggs."

Now that the best candidate has been humiliated and betrayed, nobody
of stature will take the post. That means corporate reform is dead in
the water. And if the conspirators hold the House and regain the Senate,
they can proceed with their wrecking program - driving the budget
even deeper into long-term deficit, scaring small investors and blocking
any actions that might pull the economy out of its deepening funk.

O.K., I'm not quite sure about this theory. There is another theory
that might explain what these guys are doing. They may simply be
constitutionally incapable (actually, given the presence of John Ashcroft,
make that unconstitutionally incapable) of doing what has to be
done.


What we've learned over the past year is the extent to which the modern
business game is rigged in favor of insiders.
Self-dealing has become
pervasive: incredibly generous executive compensation, sweet-deal loans
and preferential access to I.P.O.'s were standard practice in many
companies that have not yet become targets of S.E.C. investigation.

And deceptive accounting, which lured the public into buying
stock even as insiders were bailing out, must have been very widespread
indeed. In the last three years of the bubble reported corporate profits soared,
but the overall measure of profits calculated by the U.S.
Commerce Department, which is unaffected by the maneuvers
companies use to cook their books, hardly grew at all.

In short, the fix was in. If we're to have a real recovery, it's urgent that
ordinary investors be reassured that those days are over. Yet it may be
hard for our current leaders to understand that urgency: all their lives, the fix
has been in on their behalf.

Wednesday's Wall Street Journal reported another piece of the
Harken Energy story, one that provides even more evidence of how family
connections smoothed Mr. Bush's business career. The key defense against charges
that his sale of his Harken stock amounted to insider
trading has always been the fact that while that stock's price plunged
soon after he sold his shares, it then recovered, albeit temporarily.

Now we know why it recovered. It wasn't just the mysterious invitation
to drill for oil off Bahrain. Harken also pulled a trick that would be
emulated on a larger scale by Enron: In effect it borrowed money to pay
its bills, while using loopholes in accounting rules to conceal the
resulting debt.


What made the trick possible was Harken's guardian angel,
a powerful institution controlled by an oil man, Robert Stone, who was a strong
political supporter of Mr. Bush's father. This institution acquired a large
stake in Harken as soon as Mr. Bush became a board member, and
subsequently showed itself willing to do whatever it took to keep the
hapless company afloat. This included taking much of the company's
debt off its books in return for assets of doubtful value, and giving Harken a
share in their partnership almost twice as large as its
contribution to the partnership's capital.

The name of the guardian angel? The Harvard University endowment.
Don't be surprised; professors don't run the university's money.

nytimes.com
Copyright The New York Times Company