The Smoking Gun has a collection of letters exchanged between Ken Lay and George W. Bush during his term as Governor of Texas. [via Moon Farmer]
The Company Presidency: Kevin Phillips compares the Enron saga to the Teapot Dome scandal of the Harding administration.
Both Teapot and Enron involved energy policy, privatization and corruption. And like Teapot Dome's "Ohio gang" of ethically loose Harding cronies, oilmen and administration officials--energy deregulation during the first Bush administration, through the Clinton years and George W.'s time as governor of Texas on up till today has been warped and feasted upon by a Texas-led "Enron gang." In both scandals, some Democrats were involved, but the power centers of misbehavior were Republican. Yet, there has been nothing quite like the rise and fall of Enron in U.S. history, certainly no plausible comparison since the late-19th-century heyday of railroads and robber barons. The sums in Enron's collapse certainly overshadow those in Teapot, much as a space shuttle does a Model T Ford. More important, not in memory has a single major company grown so big in tandem with a presidential dynasty and a corrupted political system. Indeed, the Bush family has been a prominent and well-rewarded rung in Enron's climb to national political influence.
[via Cursor]
Why is this more than just a very big business failure? Because the US markets, and the array of institutions that constitute them, are supposed to be a model. When the Asian crisis hit, crony capitalism took much of the blame. The definition of sound policies was broadened to include a call for countries to put into place strong market infrastructure, including more rigorous accounting standards, better regulation, stricter disclosure and stronger corporate governance. As the international community struggled to define this new consensus, it was often to US examples that it turned, albeit grudgingly. And where there were big differences, those of us representing the US were typically reluctant to cede the case. This is harder to justify now.
[via Red Rock Eater]
A Guide to the Enron Collapse: A Few Points for a Clearer Understanding [via wood s lot]
In a letter from his attorney, Kenneth Lay has backed out of today's planned testimony before the Senate Commerce Committee, saying that he cannot testify in a forum where conclusions had already been reached. The hearing has been, at least for now, cancelled and the committee has said they intend to subpoena Lay.
An investigative committee of Enron's board has released its report on the breakdown of controls and ethics in the company.
Our investigation identified significant problems beyond those Enron
has already disclosed. Enron employees involved in the partnerships
were enriched, in the aggregate, by tens of millions of dollars they
should never have received -- Fastow by at least $30 million, Kopper
by at least $10 million, two others by $1 million each, and still two
more by amounts we believe were at least in the hundreds of thousands
of dollars. We have seen no evidence that any of these employees,
except Fastow, obtained the permission required by Enron's Code of
Conduct of Business Affairs to own interests in the partnerships.
Moreover, the extent of Fastow's ownership and financial windfall was
inconsistent with his representations to Enron's Board of Directors.
This personal enrichment of Enron employees, however, was merely one
aspect of a deeper and more serious problem. These partnerships --
Chewco, LJM1, and LJM2 -- were used by Enron Management to enter into
transactions that it could not, or would not, do with unrelated
commercial entities. Many of the most significant transactions
apparently were designed to accomplish favorable financial statement
results, not to achieve bona fide economic objectives or to
transfer risk. Some transactions were designed so that, had they
followed applicable accounting rules, Enron could have kept assets and
liabilities (especially debt) off of its balance sheet; but the
transactions did not follow those rules.
The report is a 9 meg PDF. Here are some summaries:
Enron-related questions are not just being asked in the U.S. There are questions being asked about how Andersen got back in the good graces of the British government after the DeLorean collapse in 1997. Andersen is defending itself, saying the size of it's new contract was won fairly and is small in comparison to almost everything else.
The New Republic's editors write that the problem is not that the government did anything to help stop Enron's collapse, it's that measures that could have lessened or prevented the damage from the collapse were blocked.
The Enron Scandal Grazes Another Bush in Florida: on questions starting to be asked by Jeb's involvement with Enron.
"You've got to credit Jeb Bush," said Richard Scher, professor of political science at the University of Florida at Gainesville. "He's been wonderful in keeping the issue quiet. Nothing has been coming out. He's been very shrewd in how he's handled it politically and lucky the legislature is in session and drawing attention away. The Enron Florida angle has not come home to roost yet."
Jeb is one of the trustee's of Florida's pension fund, a large victim of the Enron collapse with $325 million in losses, though a fund respresentative has said Bush is only involved at a high level and never dealt with specifics of individual investments. He also chose to have a fundraising event at the Houston home of a former Enron president, Richard Kinder, last week. To be fair, Kinder left Enron in 1996 to form another major energy company, Kinder Morgan.
Whose? Florida is tracking the connections between Florida's pension fund and Enron.
I saw this week that President Bush is `outraged' by the Enron scandal, and I know I should be too, but there's a lot I still don't get. For starters, what kind of company is Enron, exactly?
Enron is a new-economy company, a thinking-outside-the-box, paradigm-shifting, market-making company. In fact, it ranked as the most innovative company in America four years in a row, as judged by envious corporate peers in the annual Fortune magazine poll. It is also, at this point in time, a bankrupt company.
I meant, what does Enron do?
Enron has been verbed. Tom Daschle, speaking on the future of Social Security and Medicare, said, "I don't want to Enron the American people. I don't want to see them holding the bag at the end of the day just like Enron employees have held the bag." [via Unknown News]
Exemption Won in 1997 Set Stage for Enron Woes: on an broad exemption to the Investment Company Act which allowed Enron to setup the numerous foreign affiliated companies which have played a part in muddying their finances.
Enron's initial efforts in 1996 to persuade Congress to change the law were thwarted by opposition from a powerful trade group and some federal regulators. The company responded by hiring the former boss of a leading staff official at the Securities and Exchange Commission to represent it in negotiations with the agency. In an unheralded five-paragraph order in March 1997, the S.E.C. official, Barry P. Barbash, gave Enron's foreign operations a broad exemption from the law -- the Investment Company Act of 1940.
The first Congressional hearings into the Enron collapse begin today. The star witness today, an Arthur Andersen employee who has since been fired and who has been accused of directing shredding of Enron documents, is expected to take the fifth in front of the House Committee on Energy and Commerce.
Enron's rise and fall, the timeline. [via abuddhas memes]
Smoking Gun in Enrongate: on charges Bush allowed Ken Lay, the ex-CEO of Enron, to interview candidates for the Federal Energy Regulatory Commission. [via Metafilter]
Findlaw has a collection of original source documents on Enron. [via wood s lot]
State's late Enron buys questioned
A New York firm that bought Enron stock for Florida's pension fund is being investigated for possible conflict of interest because it allowed an executive to sit on the failed energy-trading company's board.
State officials said Thursday that they did not learn until late last
year that Frank Savage, a top executive of Alliance Capital Management
Corp., was a member of the Enron board.
Enron is headed for bankruptcy after credit downgrades and a merger collapse. The 100,000 trades on the energy markets that will need to be undone is just one of the ripple effects the collapse will have. There are a large number of companies with more than $100 million of exposure to Enron.