Enron
The Enron bonus plan
A bankruptcy judge approves millions in new bonuses for "key" Enron employees.
“Businessmen,” said Ayn Rand in 1961, “are the symbol of a free society — the symbol of America. If and when they perish, civilization will perish.” But then, the high priestess of free enterprise never met the men of Enron.
If she had, it’s hard to believe she would have equated Enron’s latest scheme with civilization or even healthy capitalism. As part of a plan approved by a bankruptcy judge on Tuesday, the slowly sinking energy giant intends to fork over $140 million in retention bonuses to “key employees” possessing “unique knowledge, skills and experience.” I guess these would be people who know how to cook books, over-inflate earnings and operate the company shredders.
This is just the most recent perversion of the ideal Rand celebrated — a competitive meritocracy operating in a free market. In books such as “The Virtue of Selfishness” and “Atlas Shrugged,” which became the bibles of free marketeers like Alan Greenspan, Rand championed the idea that by doing what is best for yourself, you end up doing what is best for society. That equation has now been turned on its ear, and we are instead witnessing a crony capitalism where the interests of CEOs are no longer aligned with the interests of their shareholders and workers or even the long-term interests of the companies they run — not to mention society as a whole.
Indeed, the Enron bonus plan was given the blessing of the company’s official creditors committee, a Scroogish bunch that came out against additional help to the 4,500 Enron workers unceremoniously fired last year.
Unfortunately, as Warren Buffet, a living, breathing John Galt, put it: “Though Enron has become the symbol for shareholder abuse, there is no shortage of egregious conduct elsewhere in corporate America.”
In “Atlas Shrugged,” Rand extolled a two-fisted capitalism personified by the kind of businessman “who earns what he gets and does not give or take the undeserved” and who “does not ask to be paid for his failures, nor does he ask to be loved for his flaws.” Does that description sound remotely like anything or anyone you read about in the business pages these days?
Instead, thanks to stock options, golden parachutes and asleep-at-the-wheel corporate boards, CEOs are now protected from their own incompetence and rewarded for their failures. It’s the antithesis of the Randian free market philosophy, according to which “the code of competence is the only system of morality that’s on a gold standard.” Now it’s the code of connections, corruption and cronyism that reigns supreme.
After a decade in which CEOs have been treated like rock stars or American royalty — sought after as guests on talk shows and gracing the covers of major magazines — Americans are suddenly finding out that many of them, despite their mega-million dollar salaries, are not even good at what they’re overpaid to do. In fact, quite a few are downright awful. But however much they ravage their companies’ bottom-line, it never seems to affect their own annual haul.
People like former Ford CEO Jacques Nasser, who was rewarded with millions in stock and cash despite a disastrous 34-month reign that left the company’s revenue in a nosedive and 35,000 workers out of work. Or executives like Doug Daft at Coca-Cola and Ken Chenault at American Express, who were given bonuses or raises last year even as their companies faltered.
It’s ironic that just as our country has taken steps to abolish welfare, forcing the poor to take responsibility for their choices, we’ve allowed the corporate culture to weave a giant safety net for its executives. Is this corporate welfare really any different or less costly than the kind most of these people inveigh against?
The game has been rigged: No matter how badly these fat cats play it, they manage to win. And many top executives, addicted to their stock options — perks that now account for 60 percent of the average CEO’s yearly pay package — have adopted a live-for-the-moment mindset. Why invest in research and development when you can lay off workers, sell off valuable assets, goose the stock price and quickly cash in and get out?
Even Harvey Pitt, the corporate-cozy Securities and Exchange Commission chair who, before the fall of Enron, called for a “kinder and gentler” SEC, has now enlisted in the Herculean and messy task of cleaning the Augean stables of the Fortune 500.
“If managers,” declared Pitt, “can reap profits from their options while shareholders are losing some or all of their equity stake, the options create conflicting, not aligned interests.” He has suggested that executives “should be required to demonstrate sustained, long-term growth and success before they can actually exercise any of their options.”
It’s a start. But why not also have shareholders, and not just directors, vote on future option plans, and institute regulations that would force executives to return all option profits earned in the year preceding a bankruptcy filing?
Part of Enron’s secretive new plan sought to protect 237 top employees from giving back any of the $55 million in bonuses the company doled out just two days before going belly up last December, a slimy provision the bankruptcy judge denied.
Those most devoted to the principles of a free market are the ones who should be working the hardest to put an end to a state of affairs in which businessmen — those “symbols of America” — are richly rewarded for failing. It’s downright un-Randian. And, much more importantly for those of us who do not sleep with “Atlas Shrugged” under our pillow, it’s downright un-American.
Arianna Huffington is a nationally syndicated columnist, the co-host of the National Public Radio program "Left, Right, and Center," and the author of 10 books. Her latest is "Fanatics and Fools: The Game Plan for Winning Back America." More Arianna Huffington.
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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