To: Cactus Jack who wrote (60537 ) 1/23/2004 8:34:46 PM From: Sully- Read Replies (1) | Respond to of 65232 Experts: Causey May Be Key in Enron Case By KRISTEN HAYS AP Business Writer HOUSTON (AP)--Richard Causey, the newest defendant in the sprawling investigation of Enron Corp.'s implosion, could be a crucial link to the company's former titans if he ends up cooperating with prosecutors, experts said Friday. ``In any type of financial fraud, once you nail the numbers guys, the house comes crashing down,'' said Robert Mintz, a former federal prosecutor and an expert in white-collar crime. ``That's what the government is trying to do now by indicting Causey and trying to put pressure on him.'' Causey pleaded innocent to conspiracy and fraud charges Thursday. His lawyers declared he has done nothing wrong, and will fight accusations that he was the principal architect of schemes that fooled investors and Wall Street into believing Enron was a powerhouse. The Justice Department cracked the 50th floor that once housed Enron's executive suite last week by securing cooperation from former finance chief Andrew Fastow, who pleaded guilty to two counts of conspiracy. Causey's office was next to Fastow's on that floor, and both were near the more opulent digs occupied by former chairman Kenneth Lay and former chief executive Jeffrey Skilling. ``It's possible for the accountant not to know what is going on,'' said Lawrence D. Brown, an accounting professor at Georgia State University. ``But it's very difficult to do this stuff and keep the accountant in the dark,'' Brown said. ``If the information was incorrect, and the accountant wasn't in on the game, it's harder to get away with it without the accountant at least questioning it or being encouraged to go along with the game.'' Fastow admitted that he and others manipulated publicly reported financial results to mislead investors, pump up the company's stock and maintain creditworthiness. He also admitted engaging in schemes to enrich himself and others at Enron's expense, and agreed to hand over nearly $24 million in ill-gotten cash and property. Unlike Fastow, Causey isn't accused of skimming millions of dollars for himself from shady deals. So he would bring less baggage if he were to end up cooperating, Mintz said. Causey's indictment notes that he gained more than $14 million from selling Enron stock and stock options--netting a profit in excess of $5 million--and earned more than $3 million in salary and bonuses from 1998 through late 2001. Plenty of other executives cashed in on Enron's stock price, which hit a high of $90 in August 2000. But Causey is accused of being central to various schemes that are spokes in the wheel of the Justice Department's two-year investigation. ``He's a very important participant in the transactions,'' said Mark Biros, a former federal prosecutor in Washington. ``Whether the transactions were legal or not, the government will have to prove that.'' Allegations common to the indictments against Fastow and Causey include use of complicated off-the-books partnerships and financing methods to hide debt and poorly performing assets. These include an allegation that Causey had a secret agreement with Fastow that Fastow wouldn't lose money when his partnerships did business with Enron. Other allegations in Causey's indictment include that he was involved in: • Using energy trading profits as a slush fund to make Enron Energy Services, the company's retail energy unit, appear profitable. David Delainey, former chief executive of EES, pleaded guilty to insider trading in October, admitting involvement in rerouting the profits. Wesley Colwell, former chief accountant of Enron's defunct trading unit, Enron North America, earlier agreed to pay $500,000 to settle Securities and Exchange Commission allegations involving the same scheme. Both are cooperating with prosecutors, though Colwell has not been charged with any crime and did not admit or deny involvement in agreeing to his settlement. • Inflating values of merchant assets, such as oil and gas exploration company Mariner Energy, to appear to have met earnings targets. Delainey's indictment and Colwell's SEC settlement noted a scheme to help cover an earnings shortfall in 2000 by inflating Mariner's value. Enron failed to reduce Mariner's value in later quarters. Enron still owns Mariner, which isn't in Chapter 11 with the parent and other subsidiaries. • Concealing the failure of the Enron Broadband Services unit. Causey's indictment alleges that in early 2001 he and others manipulated EBS's expenses so the unit, which had been touted to analysts by Skilling, would appear to meet its earnings targets. Two former EBS executives, Kevin Howard and Michael Krautz, are facing trial in October on charges of conspiracy, fraud and lying to investigators for allegedly faking $111 million in earnings for the unit. ajc.com