Enron
Capitalist pigs
The sordid tales of Enron plutocrats looting the company of its treasure as their employees and shareholders faced ruin are enough to turn you into a class warrior.
A showdown is brewing in a Houston federal district court that makes most classic western face-offs look like kindergarten pillow fights.
On one side huddle 29 top Enron executives and board members who unloaded stock worth $1.1 billion over the last three years — a period during which, we now know, Enron was grossly misstating its true revenue and profit figures in its publicly available financial filings.
On the other side swagger a gaggle of class action lawyers doing their best Clint Eastwood “hang ‘em high” imitations, hired by Amalgamated Bank of Chicago — “A Union Bank for Unions and Union Members,” no less! — on behalf of pension funds and other shareholders who lost hundreds of millions of dollars when Enron collapsed. Their immediate goal: to freeze the bank accounts of those 29 Enron honchos while they go about their business convincing the judge of their mildly worded claim that “Enron is a grotesque fraud — a financial monstrosity of manipulation and falsification.”
Does class warfare get any better than this?
OK, even with the union angle, it’s a stretch to cast a bunch of big pension funds and other institutional investors in the role of the little guy who has nothing to lose but his chains. But there’s still something about this particular tussle that gets the proletarian-rage juices flowing. Treasury Secretary Paul O’Neill says that Enron’s collapse is the free market in action, evidence of the “genius of capitalism.” But in an age where the workers’ paradise of communism is remembered about as well as Herman’s Hermits, the lords of Enron somehow managed to pull off a feat so stunning one can only gape: They made capitalism look bad.
For starters, the $1.1 billion in stock gains by Enron insiders is just a conservative estimate based on what the execs were legally required to report. There are plenty of ways to get around such requirements, if you’re willing to operate in the higher altitudes of imaginative stock manipulation — a nether region where people actually understand what “zero cost collar” deals and “equity swaps” mean.
And if there’s one thing we can say with confidence about Enron executives, it’s that they weren’t afraid of such heights: If there was a dodgy, cutting-edge, “innovative” way to get around the spirit and letter of the law to be found, they were looking for it. This is a company, after all, that, in order to avoid paying federal income taxes, set up more than 800 subsidiaries in the Cayman Islands alone.
Ouch! Hanging’s too good for the likes of these rascals. In their greed to cash in, Enron’s executives didn’t just screw their own employees, shareholders, and bankers (not to mention American taxpayers); they discredited the whole system. One wonders who would be more delighted to see Ken Lay, Jeff Skilling, Andrew Fastow and the rest of these bunglers locked up in a stockade — the investors who had no idea of the extent of Enron’s shell game, or the Enron bosses’ counterparts at other “innovative” corporations, who are shuddering at the thought that their books might now get a thorough going-over by the IRS, the SEC and a legion of securities analysts. Who knows — Lay might even go down in history as the man who broke Wall Street!
Well, that’s probably not too likely. But at least we can be confident of one thing: Enron managers such as Fastow, who appears to have been the mastermind of the “special purpose entities” through which Enron hid so much of its debt and fueled so much of its growth, are going to have a hard time doing more damage over the next decade or so — they’ll be too busy defending themselves from the cascading flood of class action suits and criminal investigations bound to dog them for years to come. But is that enough of a punishment?
Drastic measures are clearly called for, if only to prevent the working people of this country from rising up in a tidal wave of wrath and swamping brokerages everywhere. After all, when one hears Robert Bennett, Lay’s lawyer, brazenly declare, “I am unaware of any evidence that supports the allegation there was improper selling by members of the board or senior management,” who wouldn’t be hard pressed not to run screaming around the streets with a hammer and sickle looking for something, anything, to expropriate?
The evidence is rapidly piling up that Enron’s executives sold stock when they already knew hard times were coming, that they lied about the financial health of their company to their employees, their shareholders and the analysts responsible for covering them and that they ignored the entreaties of some of their own in-house colleagues who begged them to clean up the mess before it was too late. When a senior staff attorney goes to the extraordinary lengths of secretly hiring outside counsel to determine whether Enron’s accounting practices are legal, you know things are pretty rotten.
If ever there was a case where a class action suit appeared to have a slam dunk chance of success, this would be the one. It’s also inconceivable that there won’t be substantive changes to accounting regulations and SEC reporting requirements as a result of the Enron implosion. But what about the 29 executives and board members (who, by the way, include Wendy Gramm, Sen. Phil Gramm’s wife): Will they serve jail time? Will they be forced to pay fines that make any kind of dent in the millions they’ve socked away? Will their lives be ruined, like the thousands of their employees who’ve lost their jobs and life savings?
Or do they already have enough cash to keep them safe from harm, no matter what happens? The Aspen Times reported on Tuesday that Ken Lay has put two of his three Aspen homes, as well as an empty lot, up for sale — for a total asking price of $16 million. But he’s still keeping one — his personal residence. Yup, he’s really feeling the pinch.
It’s going to be a fun time in that Houston courtroom this spring and summer, as the more than 60 class action suits already filed join together, and congressional inquiries continue to heat up. At the very least, one hopes that the Enron 29 will start to sweat.
Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21. More Andrew Leonard.
The Wall Street Journal’s Freudian tweet
The newspaper declares Enron-inspired Sarbanes-Oxley law struck down by Supreme Court. Er, not so fast
The Wall Street Journal has never made any attempt to hide its antipathy for Sarbanes-Oxley, the Enron/Worldcom-inspired law that attempted to increase oversight on public company accounting. The Journal’s position is that the law imposed costs on businesses that hurt the overall economy. Since this is the Journal’s editorial position on any legislation that tries to rein in the business world, no one was ever required to take their rantings too seriously (even though, it is true, Sarbanes-Oxley has resulted in compliance costs that can be challenging for smaller public firms).
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Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21. More Andrew Leonard.
Jack Abramoff, Eliot Spitzer: A tale of two swindlers
What connects the disgraced N.Y. governor and the jailed D.C. lobbyist? Oscar-winner Alex Gibney explains
Former New York governor Eliot Spitzer speaks at the Reuters Global Financial Regulation Summit 2010 in New York April 28, 2010. REUTERS/Brendan McDermid (UNITED STATES - Tags: BUSINESS HEADSHOT)(Credit: © Brendan Mcdermid / Reuters) What do the following have in common: Imprisoned Washington lobbyist Jack Abramoff, disgraced ex-New York Gov. Eliot Spitzer, the collapse of Enron, the Bush administration’s torture policies, the late gonzo journalist Hunter S. Thompson? Before we go chasing some thread of thematic continuity — and we could definitely do that — let’s observe the emotional connection. All of those people and things provoke or embody big, visceral reactions: shock, outrage, disgust, amazement.
Continue Reading CloseExclusive Alex Gibney clip: Jack Abramoff and healthcare
See a deleted scene from Oscar-winner Alex Gibney's new movie about the guy who dosed Congress with dirty money
In an exclusive premiere for Film Salon readers, here’s a deleted scene from Oscar-winning director Alex Gibney’s upcoming documentary “Casino Jack and the United States of Money.” The film recounts the horrifying, mesmerizing saga of über-lobbyist Jack Abramoff and the congressional corruption scandal of the late ’90s and early 2000s that dramatically changed the landscape of Washington (and definitely not for the better).
Continue Reading CloseIt’s time for Wall Street to pay
We need accountability -- as in, jail time where warranted -- for those who created the financial disaster
James Cayne of Bear Stearns, John Thain of Merrill Lynch, and Lloyd Blankfein of Goldman Sachs Almost everybody’s got their noses out of joint these days — and no wonder. If there’s a significant American institution that hasn’t failed in its fundamental public responsibility over the past decade, it’d be hard to identify.
Writing in Time, Christopher Hayes puts it succinctly: “Nearly every pillar institution in American society — whether it’s General Motors, Congress, Wall Street, Major League Baseball, the Catholic Church or the mainstream media — has revealed itself to be corrupt, incompetent or both. And at the root of these failures are the people who run these institutions, the bright and industrious minds who occupy the commanding heights of our meritocratic order.”
Continue Reading CloseArkansas Times columnist Gene Lyons is a National Magazine Award winner and co-author of "The Hunting of the President" (St. Martin's Press, 2000). You can e-mail Lyons at eugenelyons2@yahoo.com. More Gene Lyons.
Sundance: Searing portrait of a top lobbyist
Oscar-winner Alex Gibney talks about his new Jack Abramoff expos
18 Aug 2005, MIAMI, FL, USA --- Washington lobbyist Jack Abramoff leaves the courthouse in Miami August 18, 2005. Abramoff, a central figure in investigations involving House Majority Leader Tom Delay, plans to fight charges he defrauded two lenders of $60 million to buy a casino cruise line, his lawyer said on Thursday. Abramoff, a well-connected Republican lobbyist, and Adam Kidan, his partner in the $147.5 millions buyout of SunCruz Casino five years ago, were indicted by a federal grand jury in Fort Lauderdale, Florida, on August 11. --- Image by © CARLOS BARRIA/Reuters/Corbis(Credit: © Carlos Barria/reuters/corbis) PARK CITY, Utah — Alex Gibney’s new documentary, “Casino Jack and the United States of Money,” which premiered at Sundance this week, is much more than a shocking and highly entertaining movie about Jack Abramoff, the über-lobbyist at the center of the biggest corruption scandal in congressional history. It’s a portrait of a political system that has been poisoned down to the root by the pernicious influence of big money, by the buying and selling of connections and influence, and by a radical free-market ideology that has been systematically employed to undermine the principles of representative democracy.
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