ENRON
: ace of diamonds
($) (what
do these signs mean?)
Before
getting involved in energy futures and derivatives (investments,
similar to futures contracts or options, which depend
on the upward or downward value of the underlying investment,
such as oil) in the early 1990s, Enron began as an energy
producer or seller. After gaining the right to sell
derivatives, Enron quickly began to manipulate the market
in a way that has made them famous today. They set up
thousands of little "partnerships" around
the world, offshore companies that provided the perfect
disguise for Enron's price gouging. Moreover, the company
could transfer some of its debts and obligations over
to their "partners" and thereby make Enron's
value look rosier to traders on Wall Street.
Not
so long ago, Enron's name did not carry with it the
same connotation it does today. Today, hardly anyone
trusts the Enron name because of the evidence that has
come out detailing the deceptive and fraudulent practices
which has made the company notorious for its brand of
crony capitalism. We have nominated Enron to be the
Ace of Diamonds for these reasons.
Manipulation
of the markets
In
2001, the state of California experienced a power crisis
unlike anything anyone has ever seen. Massive blackouts
and brownouts occurred all over the state, and the prices
of energy soared through the roof. Coupled with an outrageously
low supply of energy, the entire situation called for
serious attention.
At
the center of the crisis were Enron and the other energy
producers who manipulated the supply of energy on the
market and exacerbated the crisis. According to a story
by CBS News, during the crisis companies like Enron
kept between 30 and 50 percent of their power off of
the market. Moreover, when some of the worst moments
of the crisis occurred, they held back even more - anywhere
from 55 to 76 percent - in an effort, CBS News learned,
to follow schemes which stifle the supply and thereby
raise the prices for energy.
See:
http://www.cbsnews.com/stories/2002/09/17/eveningnews/main522332.shtml
Enron
was used to giving such schemes names such as "Load
Shift" and "Get Shorty." With "Load
Shift" Enron allegedly filed false power delivery
schedules on transmission lines across California to
create the appearance of "congestion" on these
lines. That way, when it became necessary to drop or
revise deliveries of power to other places which needed
the power more, Enron was entitled to compensation from
the state. They did so by exploiting a loophole in the
ridiculous 1996 legislation in California which somewhat
deregulated the energy industry in California.
In
the "Get Shorty" scheme, Enron fabricated
and sold emergency backup power to California, took
the payment, and then cancelled those orders and instead
sold them less expensive power from neighboring states.
California consumers are still waiting for their refunds
from these fraudulent transactions.
See:
http://www.forbes.com/2003/02/05/cx_da_0205topnews.html
The
man formerly in charge of Enron's California and Western
trading operations admitted as much in federal court.
In October 2002, Timothy Belden pleaded guilty to one
count of conspiring to commit wire fraud. According
to a criminal complaint filed by the Justice Department's
Enron task force, the consumers in California during
the energy crisis paid more than $9 billion than they
should have! According to USA Today, Belden and others
allegedly engaged in fraudulent trading which sent energy
prices up from $40 a megawatt hour to $1500 a megawatt
hour. All of this stolen money was deposited into the
coffers of companies like Enron, who knowingly defrauded
the citizens of California.
According
to the complaint, Enron gained $1.3 billion in revenue
from the scheme in 2000 and 2001. Belden's attorney
remarked that Belden was simply following "Enron's
policy, training and expectations."
See:
http://www.usatoday.com/money/industries/energy/2002-10-17-enron-belden_x.htm
The
meltdown
In
February, 2001, president and chief operating officer
Jeffrey Skilling took over as Enron's CEO. That August,
he abruptly resigned after just six months on the job,
although he denied knowledge of any wrongdoing by the
company or Arthur Andersen, the company's accounting
firm. That same day and a couple of weeks later, Lay
sent separate emails to company employees, touting the
stock and the declaring that the growth of Enron "has
never been more certain." However, a day after
Lay's first email, a vice president for corporate development,
Sherron Watkins, wrote a memo to Lay expressing concern
that the company would "implode in a wave of accounting
scandals."
See:
http://www.chron.com/cs/CDA/story.hts/special/enron/1246305
http://www.time.com/time/business/article/0,8599,195268,00.html
On
the 17th of September, Skilling sold 500 shares in the
company. The entire time he was encouraging people to
buy shares, he was selling off $66 million of his own.
By July, Lay himself had
unloaded $21 million in stock that year alone. Even
though Lay was selling off millions of stock, he himself
was telling his employees that the stock was a "bargain"
and would grow in value by 800 percent over the next
ten years.
See:
http://www.forbes.com/2002/03/19/jskilling.html
On
October 16, the public finally got a hint at what had
really been going on. That day, Enron reported a $638
million loss in the third quarter of 2001, and a $1.2
billion loss in shareholder equity, partly related to
all of the offshore "partnerships" they were
running at the same time. On the 28th of that month,
Lay talked to then-Treasury
Secretary Paul O'Neill and Commerce Secretary Don Evans
about the company's problems. The Administration decided
it would be better to not intervene, although they claim
they never told Bush
of the encounter.
See:
http://www.usatoday.com/money/energy/2002-01-14-enron.htm
Three
days later, Enron announced a formal investigation by
the SEC into possible conflicts of interest posed by
the company's thousands of offshore "partnerships."
A week later, Enron filed documents with the SEC revising
its financial statements for the previous five years.
This erased $586 million in profits and added $2.5 billion
in debts. By the end of the month, Enron's credit rating
was downgraded to junk bond status, and its stock began
trading below $1 a share. The next week, Enron filed
for Chapter 11 bankruptcy protection, making it the
largest bankruptcy in U.S. history, and it fired some
5,000 of its employees in the U.S. and Europe.
At
the beginning of 2002, the Justice Department acknowledged
it had begun a formal criminal investigation into the
company. The company's auditor, Arthur Andersen, admitted
it had destroyed some of its Enron documents. The White
House admitted Lay had sought the administration's help
shortly before Watkins' premonition came true. In the
investigation, Attorney General John
Ashcroft had to recuse himself because he, like
many other Republicans, had received significant contributions
from Enron and its associates in his 2000 race for Senate
from Missouri.
On
the 19th of January, the White House acknowledged that
Dick Cheney
intervened to help Enron secure payment on a $64 million
debt owed to it by an Indian energy project. Two weeks
later, the General Accounting Office sued the White
House to obtain potentially incriminating documents
detailing the influence Enron had on the Bush Administration's
national energy policy, which according to the Seattle
Post-Intelligencer, benefited Enron in 17 different
ways.
See:
http://seattlepi.nwsource.com/national/54921_energy18.shtml
In
February 2002, a special committee set up by Enron itself
admitted to an elaborate scheme involving "partnerships"
which allowed the executives at Enron to fraudulently
inflate earnings and profits by more than a billion
dollars, pocketing millions in cash in the process.
By that March, the U.S. government suspended all outstanding
contracts with Enron and its accounting firm, Arthur
Andersen, which had been indicted by a federal grand
jury in February for "knowingly, intentionally
and corruptly" persuading employees to shred Enron
documents back in October 2001 when Enron first admitted
to inflating profits to shareholders and Wall Street.
See:
http://www.dailyenron.com
White
House influence
Throughout
his career, Enron has been the single largest contributor
to George W. Bush's multiple campaigns. From 1993 to
2001, associates of Enron as well as the company's Political
Action Committee gave more than $700,000 to Bush. For
Bush's nominating convention in 2000, Enron gave $200,000
to the Republican national Committee.
See:
http://www.fec.gov
http://www.opensecrets.org
When
George W. Bush
moved onto 1600 Pennsylvania Ave, his friend since the
1980s and Enron CEO Kenneth Lay
was given a position on the Bush transition team where
he worked along with Dick Cheney in helping to develop
national energy policies. In fact, some 50 former Enron
executives, lobbyists, lawyers or large shareholders
ended up working in the Bush Administration. For example,
Bush's former chief economic advisor Lawrence Lindsey
and the U.S. Trade Representative Robert Zoellick both
served on Enron's advisory board.
See:
http://www.beaufortgazette.com/24hour/politics/story/217715p-2099162c.html
Between
1989 and 2001, Enron and its employees gave more than
$5.95 million in hard and soft money contributions to
federal candidates and parties. Of these, nearly three-quarters
went to the Republican party. One of the largest beneficiaries
of this money was House Majority Leader Tom
DeLay along with his political network, which
have collected over $200,000 in Enron's money. According
to the National Journal, DeLay's connections to Enron
are so strong that some call him "the congressman
from Enron."
See:
http://www.rollcall.com,
02/25/02 (subscription required)
http://nationaljournal.com,
06/03/00 (subscription required)
And
Karl Rove,
Bush's chief political adviser - or as some call him
"Bush's Brain" - refused to sell some $250,000
worth of Enron stock until June of 2000, despite having
met with Ken Lay about
the administration's energy policy before his sale of
the stock. What Karl Rove's case indicates is a White
House that is closely tied to the fallen giant and which,
for self-interested reasons, refuses to create an independent
energy policy which places the national interest ahead
of the interest of corporate cronies of the administration.
See:
http://news.bbc.co.uk/hi/english/static/in_depth/business/2002/enron/20.stm
For
more information:
Some
news sources have some excellent sections of their web
pages devoted to news on Enron. Obviously this list
is not exhaustive, but these couple sources are very
good sites for Enron information:
http://news.bbc.co.uk/hi/english/static/in_depth/business/2002/enron/default.stm
http://www.chron.com/content/chronicle/special/01/enron/../index.html
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