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


To: TigerPaw who wrote (4797)2/15/2003 9:47:30 PM
From: Mephisto  Respond to of 5185
 
Enron 'bribed tax
officials'

A crucial report into the collapse of disgraced
energy giant Enron has discovered the firm's
executives bribed tax officials.

The energy giant - once the US' seventh
largest firm - paid no income tax between 1996
and 1999 according to the investigation by the
Senate Finance Committee.

The outraged
committee's chairman,
Charles Grassley,
described a week-long
programme of wining
and dining, tennis,
fishing and golf as part
of Enron's strategy to
get its own way.

Mr Grassley also said
the report called into
serious doubt the
ethics of tax advisers
and the "desperate"
bankers, accountants
and lawyers who helped Enron.

"The report reads like a conspiracy novel, with
some of the nation's finest banks, accounting
firms and attorneys working together to prop
up the biggest corporate farce of this
century," he said.

The investigation provides the first complete
story of Enron's efforts to manipulate its taxes
and accounting.

The findings of the investigation, which have
been kept tightly under wraps until now, have
been described by senators as "eye-popping",
"disturbing", and "barn-burning".

Need to reform

Enron's bankruptcy was the first in a wave of
scandals that swept across corporate America,
transforming attitudes towards companies.

Enron's failure destroyed the retirement
savings of thousands of employees and hurt
individual investors and pension funds across
the world.

Experts now expect broad
reform of corporate tax law
in the US, an area not
previously tackled in the
aftermath of the Enron
scandal.

Mr Grassley said the report read like a roadmap
of how to abuse the tax system, but promised
to ensure that such abuse could not be
repeated.

"Enron places the spotlight again on the
general ineffectiveness of the current law,"
Lindy Paull, who led the taxation inquiry, said.

The collapse of Enron was particularly shocking
because its accounts made the firm appear to
be healthy and prosperous.

And lawmakers have been scrambling to ensure
the deception cannot happen again.

IRS overwhelmed?

The Finance Committee's ranking Democrat
Max Baucus said Enron "overwhelmed the
Internal Revenue Service (IRS) with the
complexity" of its transactions.

"The IRS really couldn't figure it out even if it
tried," Mr Baucus said.

Mr Baucus said that Enron repeatedly abused
the tax code, while the IRS was "kept in the
dark and out-manoeuvered".

But Ms Paull and Mr Grassley also stressed that
some tax officials must have been deliberately
collaborating with Enron.

The report said Enron profited from 12 large
tax deals from 1995 to 2001 that saved the
corporation more than $2bn.

Guilty parties?

The BBC's New York business correspondent,
Stephen Evans, says the big question is who
the senators will implicate in the deception.

Introducing the report, Mr Grassley referred to
a "jaw-dropping" amount of benefits paid to
Enron executives while ordinary employees
were left high and dry.

The benefit system also came under fire from
Ms Paull, who specifically referred to the perks
received by senior staff which included a share
in a jet plane.

Kenneth Lay, Enron's
former chairman and
chief executive,
maintained his silence
when he appeared
before the committee.
He has not yet been
charged.

Andrew Fastow, the
former chief financial
officer, has pleaded
innocent to 78 counts
of fraud,
money-laundering,
conspiracy and other charges.

But other company employees have alleged
that the top executives knew about the
damaging schemes being hatched in the
finance department.

Evidence from the report today may also give
federal prosecutors new leads in their battle to
weave together a case against Enron.

It is now 18 months since the accounting black
hole was first revealed, but the complexity of
the case has slowed legal proceedings.

news.bbc.co.uk



To: TigerPaw who wrote (4797)2/15/2003 9:53:15 PM
From: Mephisto  Respond to of 5185
 
Since Kenneth Lay was Bush's biggest supporter and campaign contributor, it is difficult to
believe that he will be charged, and he contributed to Democrats as well.

Lieberman and the other democrats running for president should be pressed for answers
about Enron. Why is Thomas White who ran Enron Energy that lost money now in the
Pentagon? If Thomas White couldn't run a profitable company at Enron, why did George
W. Bush appoint him as the head of the Army?



To: TigerPaw who wrote (4797)2/21/2003 2:14:38 PM
From: Mephisto  Respond to of 5185
 
Merrill, SEC Agree On Enron Settlement
Tentative Pact Calls for $80 Million Payment


By Carrie Johnson and Peter Behr
Washington Post Staff Writers
Friday, February 21, 2003; Page E01

Merrill Lynch & Co. said yesterday
that it has reached a tentative $80
million settlement with the
Securities and Exchange
Commission over two financing
deals it struck with Enron Corp. in
the 1990s.


The settlement, which still needs
the approval of the SEC
commissioners, covers only the
company and not current or former
Merrill employees who worked
closely with Enron executives to
craft the transactions.

Merrill did not identify the deals in
a filing with regulators, but sources
said they involved its purchase of
three energy-generating Nigerian
barges and a separate energy trade
between the company and Enron in
late 1999.


In a criminal complaint filed last
year against the company's chief
financial officer, Andrew S. Fastow,
prosecutors called the Nigerian
barge deal a "sham transaction"
that helped Enron to "manufacture
earnings."

The Merrill settlement is the latest
in a series of problems for Enron's
major bankers, which also include
J.P. Morgan Chase & Co. and
Citigroup Inc. Their relationships
with Enron have been battered in
congressional hearings and are the
target of shareholder lawsuits
seeking billions of dollars in
damages.

By reaching an agreement with the
SEC, Merrill avoids the release of
findings by the agency that could be used against it in the court cases filed by
investors, experts said. The company neither admitted nor denied wrongdoing
in the SEC settlement, its filing said.

"We entered into this agreement to put this matter behind us," said William
Halldin, a Merrill spokesman. The SEC declined comment other than saying
that no date has been set for a commissioners' vote on the settlement.

Merrill agreed to pay more than $100 million last year to settle allegations
lodged by New York Attorney General Eliot L. Spitzer that the firm's analysts
issued tainted research guidance to investors. At least one of its employees
remains under scrutiny by federal prosecutors in New York over his role in
possible insider trading of ImClone Systems Inc. stock by Martha Stewart.

A source at J.P. Morgan Chase pointed out that none of the billions of dollars
in deals that Chase arranged for Enron and its partnerships has been
mentioned in criminal proceedings. Manhattan District Attorney Robert M.
Morgenthau has convened a grand jury to examine Chase's dealings with
Enron.

Citigroup declined to comment. So did a spokesman for the University of
California, which is leading a federal lawsuit against banks and law firms that
it alleges helped Enron inflates its books to boost its stock price.

Merrill said earlier in public filings that the company is not the subject of a
criminal investigation. Sources familiar with a Justice Department probe have
said individual employees could be targeted.

Lawyers for Robert Furst and Schuyler Tilney, former Merrill executives who
worked closely with Enron officials on the deals covered by the proposed SEC
settlement, did not return calls. Furst and Tilney invoked their Fifth
Amendment rights against self incrimination at a congressional hearing last
July.

In one deal, Merrill paid $7 million for barges that helped Enron to book a $12
million gain in 1999.
A Senate Governmental Affairs subcommittee called the
transaction into question last year, saying Enron executives had agreed to take
the barges off Merrill's hands, transforming the deal into a sham because
Merrill never faced any risk. In handwritten notes obtained by congressional
investigators, one Merrill official questioned the deal, asking whether the firm
was helping to "aid/abet Enron income [statement] manipulation."

At the time of the deal, Merrill was under pressure from Fastow and other
Enron executives to fund transactions or lose out on lucrative investment
banking fees, congressional investigators found.

The barges were ultimately repurchased, not by Enron, but by the LJM
partnership Fastow ran. The purchase allowed Enron to make good on its
commitment without having to reverse the sale and wipe out the profit it
claims, the Justice Department alleged in the Fastow indictment.

In a second deal, Merrill purchased $8 million in forward energy contracts
from Enron, a transaction that allowed Enron to meet financial targets in
1999. The deal was canceled the following year.


G. Kelly Martin, a Merrill senior vice president at the time, said last summer at
the Senate hearing: "Had we known at the time what we know today, we would
not have conducted business with Enron."

© 2003 The Washington Post Company

washingtonpost.com