Enron

The decline and fall of the Enron empire

The company's e-mail archive captures everything: Ken Lay's livin'-large heyday, the political schemes of his minions, and hate mail that employees sent their CEO when the company collapsed.

  • more
    • All Share Services

The decline and fall of the Enron empire

When the Wall Street Journal reported last week that nearly 1.5 million Enron e-mail messages were posted on the Web, waiting for the world to read, the newspaper pointed out that many of the e-mails contained the private ramblings of Enron employees who didn’t deserve to have their dirty laundry put on public display.

Fair enough. While the Federal Energy Regulatory Commission says the public has a right to know the facts upon which the Enron investigation was based, it’s hard to see the public value of releasing messages in which Enron employees chat about their lunch plans, complain about the weather, and joke about visiting strip clubs and their own right hands when their girlfriends and wives are away.

But what the Journal didn’t mention is that the Enron e-mail library posted on FERC’s Web site also contains a remarkable glimpse into the culture of Enron — how the family of Ken Lay lived large in the glory days, how Tom DeLay and other members of Congress used the company as a veritable ATM for campaign contributions, how Enron plotted to place employees in the Bush-Cheney administration, how company executives almost obsessively followed the investigation into price gouging during California’s energy crisis, and ultimately how Enron employees suffered when the company collapsed.

Amid a sea of dick jokes, spam and Internet porn, the e-mails offer a window into the soul, such as it was, of Enron: from the high-flying days when the company decorated its top executive office suites in holiday themes — according to a 2000 e-mail, Ken Lay’s office was done up in honor of St. Lucia, Jeff Skilling’s had Kwanzaa, and Andrew Fastow’s was lit up for Hanukkah — to the end, when things had gone so far south that members of the Lay family began to fear they’d be kidnapped.

The e-mail messages also touch on — albeit briefly — the supposedly secret meeting that California Governor-elect Arnold Schwarzenegger and other business leaders had with Ken Lay in May 2001. After word of the meeting appeared in the San Francisco Chronicle, one internal e-mail suggests that Enron executives tried to figure out who leaked the story. In another e-mail, a friend who had worked with Skilling at McKinsey & Co. warned him that the meeting had been a mistake — “posh location, closed format, odd group, seemingly self-serving agenda” — and that the company should be more careful about public appearances in order to avoid a “coast-to-coast firestorm” that could harm Enron’s “reputation, leadership and shareholder value.”

If he only knew. Enron declared bankruptcy in December 2001. Andrew Fastow and his wife, Lea, are awaiting trial on criminal charges. And while neither Ken Lay nor Jeff Skilling has been charged with any crime yet, they are the subject of any number of civil suits and have become poster boys for everything wrong in corporate America.

The Enron e-mails are available for searching and browsing at FERC’s Web site. For those with better things to do, here are some of the highlights.

- — – — – — – — – — – -

If the Enron e-mail library is any indication, one of Ken Lay’s most frequent correspondents was his daughter, Elizabeth. She wrote to him about friends who wanted jobs at Enron, about her plans for a lavish wedding to attorney Jose Luis Vittor, about her hopes for the Bush-Cheney campaign and, ultimately, about the stress Lay was facing as Enron collapsed. It appears that Lay himself seldom responded to these e-mails; in many instances, his secretary, Rosalee Fleming, did.

To: Ken Lay and Mark Lay
From: Elizabeth Lay
Date: Sept. 26, 2000
Subject: ADay

Dear Dad and Mark,

I am attaching the resume of the lovely and talented Ms. Amanda Day who, like all wise soon to be graduates of business school, is very interested in a position at Enron. Of course she would be an incredibly valuable addition to the Enron team and to Houston. If you have any questions about her character, achievements, or goals, please feel free to contact me.

All my love,

Elizabeth

To: Ken and Linda Lay
From: Elizabeth Lay
Date: Sept. 9, 1999
Subject: Band

Dad & Linda —

…I sent an email to the wedding coordinator … [S]he recommended a photographer out of Atlanta, I love his work, he does candid more so than the traditional portraits. He also did a number of the Kennedys’ weddings, etc. I’ll try and get a price quote, but I might need your help in negotiations.

Also, she sent some information on a decorator/florist who seems phenomenal, I don’t know if Linda might be willing to help me out with that as she knows a lot more about both flowers and decoration than I do. The Ballroom at the Ritz is pretty basic and he can turn it into anything but basic. Also, that we if we find a church that is not so amazing, he can decorate that as well…

I love you!

Liz & Jose Luis

To: Elizabeth Lay
From: Rosalee Fleming
Date: Jan. 27, 2000
Subject: Hotel Reservations

Hi Liz —

The reason Ken and Linda were trying to reach you from the plane was that they had some suggestions for the hotel rooms and wanted you to know their preference. They would like to give the Jasmine Suite that they are currently in to the Vittors with a connecting bedroom, to take care of their family.

They would like Mark and Natalie to have the end or corner suite that the Vittors have.

Ken and Linda said that they would prefer two connecting rooms, hopefully on the 3rd or 4th floor. They would like for the rooms to have the ocean view on the North side. If that isn’t possible, it would be o.k. to overlook the pool, but they would not really like the south side as it wouldn’t be as quiet. The two rooms would give them everything they need, with 2 baths.

They said they can be reached in Switzerland tomorrow… They should arrive in Davos about 9:00 a.m.

- — – — – — – — – — – -

During the company’s glory days, Enron was a generous donor to political campaigns — largely, Republican ones. Numerous e-mail messages in the Enron library concern the coordination of campaign contributions — and the elaborate bookkeeping required to ensure at least technical compliance with campaign-finance laws.

To: Rosalee Fleming, Jeff Skilling
From: Steve Kean [Enron executive vice president and chief of staff]
Date: July 24, 2000
Subject: Jeff Skilling’s letter from Tom DeLay re: RNSEC

Jeff and Ken both received notes from Tom DeLay about designating portions of their contributions for use in Texas. Mr. DeLay would like them to make that designation using the letter below (note that it will need to be modified to be from each individually rather than a joint letter). It is, of course, up to Ken and Jeff whether to make the designation.

To: Steven Kean [Enron executive vice president and chief of staff]
From: Cynthia Sandherr [Enron vice president]
Date: July 24, 2000
Subject: Jeff Skilling’s letter from Tom DeLay re: RNSEC

Per your voicemail, attached is the written response suggested by Congressman DeLay’s fundraiser. We cannot, per his suggested text, write one letter on behalf of both Ken Lay and Jeff Skilling (due to bundling rules we should write two separate letters) and we should put it on personal stationery and not corporate letterhead. Please let Carolyn or I know if you need anything further on this. Thanks, Cynthia.

From: Warren Robold [fundraising consultant for Tom DeLay]
To: Carolyn Cooney [Enron lobbyist]
Date: June 24, 2000

You should write this letter on your letterhead and direct it to Joe Jaso and copy Tom DeLay, Jim Ellis and myself. All funds where money could be left in the State of Texas from corporate and personal should be included.

Dear Joe:

Enron, Mr. Ken Lay and Mr. Skilling are requesting that their contribution be matched per our understanding from the fax and verbal communications from Warren Robold. This totals $100,000 between both individuals and the Corporation for the RNSEC matching funds program. We want these funds matched in time for the Texas State deadlines. It was our intention from the onset of this program to have our funds go to this account. The various points of contact from the RNC caused some minor confusion so checks went to Texas instead of DC. This is very important to Mr. Lay and Mr. Shilling. Let us know if we need to request these funds returned and new checks written and mailed to you at your DC address. You may call me if you have any questions.

In the spring and summer of 2000, power reserves dropped dangerously low in California. In August 2000, California Gov. Gray Davis called for an investigation into whether energy marketers had manipulated prices in the California market. Enron executives began to prepare to answer the questions they would ultimately face.

To: Steve Kean [Enron executive vice president and chief of staff]
From: David Haug [CEO, Enron Caribbean, Enron Middle East]
Date: Aug. 14, 2000
Subject: Re: Talking Points re “reregulation” in California

Steve, thanks for the helpful materials. However, if the experience in overseas deregulating electricity markets where price increases and spikes have occurred is any precedent, we will need to have some more down-to-earth responses to a some of the potentially inflammatory issues facing the politicians:

1. When the prices spike, who reaps the windfall? Who sells that most expensive 1% of the kwh? Is it a careful planner or a lucky speculator or market manipulator? Someone is making a bunch of money off the screwed up system. Who is it, and why is that OK?

2. We do not allow people to inflate water prices to consumers in times of drought, or food prices in times of hurricanes or floods. Even gasoline price increases in periods of high demand are within 20%-30% of the base, not 2, 5, 10 or 100 times the average like spot electric prices. The issue isn’t whether the system is broken or not or how bad partial regulation is or how much demand has increased versus supply. This will be seen as “ivory tower” discussions. The populist political issue is, until the problem is fixed, why should some shrewd big electric company or middleman be allowed to profit off the misfortune of consumers who did not cause the problem? Why should anyone be allowed to profiteer by selling at multiples above their generation cost?

3. The hedges, fixed price contracts and other de facto insurance against volatility that Enron or others offer could be seen as a symptom of the problem rather than the solution. Enron could be seen as at best a band aid and at worst an opportunist made possible only by a broken system — sort of like the guys who ran the old style protection rackets, or Colombian “security consultants” who “guard” pipelines from the threats their guerilla affiliates create, or political risk insurance that you shouldn’t really need if the host country wasn’t so screwed up. Don’t worry about high crime in your neighborhood — just hire an off-duty policeman. Who needed these new electricity risk management products in the old days before deregulation?

We have to be able to answer these types of questions at the level of the ordinary citizen, not merely have the correct long-term competitive market solution, or the forces of ignorance and re-regulation will gain momentum. Are we sure we shouldn’t back a temporary peak hour price cap until the regulatory problems we’re all familiar with are worked out, to avoid a much worse long term rollback?

- – - – - – - – - – - – - – - – -

As the summer of 2000 drew to a close, Enron executives — and Lay family members — were focused on politics on two fronts: the fallout from California, and the prospects of getting the Bush-Cheney ticket elected in November. As some executives began to plot their message in California, one of their colleagues — an Enron vice president named Joe Hillings — appeared to worry about positioning himself for a job in the Bush administration.

To: Ken Lay
From: Joe Hillings [Enron vice president for governmental affairs]
Date: Aug. 25, 2000
Subject: My Retirement

Ken: It is my desire to retire from Enron at the end of March 2001. Thanks to you, my financial position far exceeds what I had ever thought would be the case.

I am still in great health, have plenty of competitive drive and have no desire to reduce my natural speed. I shared with you my desire to seek an ambassadorship in a George W. Bush presidency…

You have been a great leader to follow and my entire family is grateful to you for the blessing and rewards you have brought to us. My thanks to you…

P.S. I enjoyed the time with you, Linda, Elizabeth and Jose Luis in Philadelphia.

To: Ken Lay
From: Elizabeth Lay
Date: Sept. 8, 2000
Subject: Contributions, Jobs, etc.

Dear Dad,

I just sent in an additional contribution to the Bush Campaign and I put your number on the check, but I want you to be aware so that you can assure it is credited to your fundraising efforts…

Thanks, Dad!

Love,

Elizabeth

To: Jeff Dasovich [Enron governmental affairs executive]
From: Jeff Dasovich
Date: Sept. 14, 2000
Subject: Observations on the Hearings this Week

…Observation — The pressure to finger somebody for “price gouging” [in California] is increasing. The administration is hell bent on finding a “fall guy.” The price spikes pose real political risks for [California Gov. Gray] Davis and he and his folks need and want an easy way out. His press release following the hearing renewed the call for “refunds” … The utilities repeatedly called on FERC to do a “real” investigation, with hearings, testimony, data discovery — the works…

Implication — It seems prudent for Enron to understand better its risks of getting fingered. In the best case, the clamoring for a “refund” subsides. In which case, the only cost to Enron is the internal cost incurred to understand better the risks of getting fingered. In the medium case, investigations find that Enron (like others) “played by the rules,” but the rules stunk, and Enron profited at the expense of California consumers.

To: Kenneth Lay
From: Joe Hillings
Date: Sept. 25, 2000
Subject: Selection of My Successor — My Concern

Ken: I have “heard” from two sources in this office that Enron will announce my successor today. I have not been advised of the selection and am concerned that this announcement will not treat my retirement in an appropriate and deserving manner…

Frankly, I think this matter has not been handled in a caring way and I have been accused of giving information on the selection to Tom DeLay, which is untrue. My office mates are all more aware of the candidates and their status than I have been.

I regret having to contact you on this matter but feel that despite my total cooperation, allegiance and dedication to Enron, I am not being treated with the courtesy and sensitivity that this matter deserves.

To: Members of the Lay family
From: The newly married Elizabeth (Lay) Vittor
Date: Nov. 1, 2000
Subject: New York City

Dear Family,

Heather and I were talking about NYC and thought we should make some reservations for dinner for the entire family on Friday and Saturday night. I am trying to get reservations for the entire family at Le Cirque 2000 for Friday night at 7:30 but we will be very lucky to get in. Does anyone have other suggestions or an objection to Le Cirque? I am attaching a review of the restaurant. It is definitely a little “Haute” but I’ve heard it is also a lot of fun…

Luv to all,

Liz

- – - – - – - – - – - – - – - – -

As the nation awaited the results of the presidential recounts and lawsuits, Enron executives began plotting their own roles in the new Bush administration. Ken Lay apparently had more pressing concerns: The phone wasn’t working right in one of his planes.

To: Ken Lay
From: Steve Kean [Enron executive vice president and chief of staff]
Date: Nov. 16, 2000

As I mentioned at the executive committee meeting, we have a number of people who either have expressed interest in serving on the transition team or who I would like to approach to serve on the transition team for Bush. We believe that a call from you to Cheney may be required.

David Haug. David will be returning from his honeymoon on Dec 4 and has expressed a strong interest in serving on the Bush team.

Woody Wodraska. Woody would like to work on environmental and water issues and has been in touch with Bush campaign folks in both California and Florida. He would appreciate a call on his behalf to Cheney. Amanda is aware of his interest and is amenable to his service.

James Steffes. You know Jim. He is one of the most creative and talented people in my organization. He is familiar with state and federal energy regulation as well as the state and federal policy makers who have played an active role in deregulation efforts. He would be great to have on a vetting team for commission nominees. I have talked to Jim and he is interested.

Others. We can make another 4 people available from the government affairs organization with qualifications in energy, communications and market regulation. The question is more a matter of how many Enron people they would like to have. Among them: Dan Allegretti (who will be chair of NEPOOL next year) who campaigned for Bush in New Hampshire; and Sue Landwehr, a Republican who works for us in the upper Midwest.

Linda Robertson has suggested that we try to put as many people on the “vetting” team as possible. Let me know how I need to proceed.

To: Gary Fitch [Enron's aviation manager]
From: Keith Jones
Date: Nov. 20, 2000
Subject: N5737 — Ken Lay’s phone

Gary,

Least I forget! On N5737 the other day … Mr. Lay reported to Bill Reddick that when his phone (#2 R/H seat) rings and he answers that it disconnects on him. He told Bill that this is the third time he has reported this problem…

Lyndel checked the system and there does seem to be a problem with it disconnecting if you pick it up before the third ring. After the third ring it works fine. That is all I know at this time. Garrett AV is coming over today to check the system…

Keith

To: Ken Lay
From: Gary Fitch
Date: Nov. 20, 2000
Subject: N5737 — Ken Lay’s phone

Mr. Lay, we are looking into the problem and hope to have the problem resolved ASAP. Thanks.

P.S. Our best to you and your family this Thanksgiving.

To: Gary Fitch
From: Rosalee Fleming
Date: Nov. 20, 2000
Subject: N5737 — Ken Lay’s phone

Gary, every time Ken tells me to report it, I tell Anna or Kristi and they, in turn, pass it on to whoever they deal with in Maintenance. It has been at least 3 times.

Rosie

With the Bush-Cheney team finally in the White House and investigations and incriminations swirling around the energy crisis in California, Enron executives continued to focus both east and west in the first half of 2001. In the hope of selling Enron’s “solution” to California’s energy problems, Ken Lay met privately with Arnold Schwarzenegger and other business leaders in May 2001. When the San Francisco Chronicle broke the story about the meeting, one of Jeff Skilling’s friends — a former colleague from his days at McKinsey & Co. — warned Skilling that Enron should be more careful about public relations in the days ahead. Meanwhile, Enron’s governmental affairs executives were working hard to curry favor with the Bush White House — and to ensure that legislation unfriendly to Enron never left Capitol Hill.

To: Jeff Skilling
From: Kevin Scott
Date: May 26, 2001
Subject: Enron’s secret bid to save deregulation

Jeff:

Candidly, this wouldn’t have been my approach (posh location, closed format, odd group, seemingly self-serving agenda).

I read the article below as unsympathetic and almost mocking in its tone toward Enron. It’s noteworthy the Beverly Hills meeting was not covered in the Los Angeles papers. Instead, this article comes from the front page of the Bay Area’s San Francisco Chronicle (Democratic bastion and home to both of California’s United States Senators, power broker Willie Brown, Attorney General Bill Lockyer and the state’s public utility commission).

Consistent with my concern about a “coast-to-coast firestorm” engulfing Enron, the New York Times ran two articles today that were unsupportive of the company…

These follow the Times’ tough piece on Ken Lay yesterday. Undoubtedly, the Washington Post will have to get into fray soon.

My feeling is that just as with the “business” side, Enron’s public policy strategy needs [to] be well informed, sophisticated and comprehensive. I fear that anything less will fuel the potential of undesirable outcomes for Enron’s reputation, leadership and shareholder value.

Kevin

To: Ken Lay and Steve Kean
From: Enron governmental affairs executives Rick Shapiro and Linda Robertson
Date: June 1, 2001
Subject: The President’s Dinner, A Congressional Salute Honoring President Bush and Vice President Cheney, June 7, 2001, in Washington, DC

…The President’s Dinner is a joint fundraising effort by the National Republican Congressional Committee (NRCC) and the National Republican Senatorial Committee (NRSC). We contacted both Congressman Tom DeLay and the House Senate Dinner committee to ensure that Enron could fully participate in The President’s Dinner and receive credit for money we have already committed to the Committees earlier this year.

With the assistance of Congressman Tom DeLay, we were able to apply our previously contributed soft money toward this dinner. Consequently, we will be credited as giving $250,000 to this event, even though we are being asked to give only $50,000 in new soft money. Our earlier contributions of $100,000 each to the NRCC and NRSC will make up the remaining money. You will be listed as Co-Chair of the event, the highest level of giving. We will be crediting Congressmen DeLay, Armey, Barton and Tauzin for raising the $100,000 allocation for the NRCC. As for $100,000 we earlier gave the NRSC, Senator Kay Bailey Hutchison has requested that Enron give her some credit for raising the money. We would like to split it among several other Senators.

In addition, Congressman Tom DeLay has asked Enron to contribute $100,000 to his leadership committee, ARMPAC, through a combination of corporate and personal money from Enron’s executives. ARMPAC funds will be used to assist other House Members as well as the redistricting effort in Texas. We will be meeting this request over the course of this calendar year…

To: Enron executives Steve Kean, Richard Shapiro, Linda Robertson, et al.
From: John Shelk [Enron vice president for governmental affairs]
Date: July 6, 2001
Subject: Status of Discussions on Electricity Legislation — No Agreement Reached.

Once again today I participated in the discussions on possible electricity legislation held in the offices of Majority Whip Tom DeLay with other interested parties including industry segments, public power and state regulators. The other congressional participants were staff to Reps. Steve Largent and Chip Pickering.

After meeting all week (except Wednesday), the group was unable to reach an agreement or even a provisional consensus on what could be placed in an electricity title that could be added to the comprehensive energy package that the House Energy and Commerce Committee will begin to process next week…

As noted, the lack of an agreement reduces our exposure when the mark up occurs…

To: Jeff Skilling and his secretary, Joannie Williamson
From: Bill Gowan, Election Day Consulting, LLC
Date: July 17, 2001
Subject: Tom DeLay CA Aug. Dinner & Golf

Jeff, I spoke to Joannie this afternoon and asked for your e-mail to send this invitation. Here is the initial information on the event. We are expecting additional members of Congress to attend both events. If you have any questions or comment, please let me know…

Tom DeLay / ARMPAC
Guest Speaker — David Horowitz
Four Seasons Aviara — Dinner & Golf Tournament

The event will take place:
Wednesday, August 15
Four Seasons Aviara (Northern San Diego, CA)

Golf … Limited to 40 people … Cost is $5k per person.
Dinner … Speakers Tom Delay and David Horowitz … $1,500 per person, $2,500 per couple … There are four levels of sponsorship: $100K, $50k, $25k and $15k. Contribution levels will also transfer from the dinner and/or Golf Tournament to the ARMPAC “contributor sponsorship program.”

- – - – - – - – - – - – - – - – -

Just as Rosalee Fleming handled Ken Lay’s e-mail correspondence with his family, so a woman named Barbara VanDerVliet sometimes handled family correspondence for Lay’s wife, Linda. Her work touched on issues that all families face — the planning and politics of family holiday dinners, among them — and on some issues that few workaday families ever have to consider.

Members of the Lay family
From: Barbara VanDerVliet
Date: Sept. 28, 2001
Subject: Thanksgiving

Hello everyone,

I am doing an inquiry as to what each family’s level of participation will be for Thanksgivings. If it is an immediate family-only event, when will you be arriving in Galveston, how many people in your family will be there, and will you be attending the dinner?

Mr and Mrs Lay will be there from the 21st-25th of November.

If it is a family plus dinner then what will be your level of participation then? Please answer all the above questions as well as who else you would like to invite?

Please respond by October 5th.

Thanks, Barb.

Members of the Lay family
From: Barbara VanDerVliet
Date: Sept. 28, 2001
Subject: Furniture!

Hello everyone,

Mrs. Lay is taking inventory and organizing her furniture. She has asked me [to] email everyone with the request for everyone to photograph all furniture that is not your own. This means that if you have any of hers or your fellow siblings furniture she would like a photo for our records by the 12th of October.

I have a digital camera or a polaroid that you can borrow. If you have no foreign furniture please reply with a “Nope, don’t have any!” by Friday October 5th.

Also on a side note, Please be on time for the family dinner on the 12th of October. We will be taking the kiddy Christmas shot before dinner.

- – - – - – - – - – - – - – - – -

In the summer and fall of 2001, the Enron empire began to crumble. In August, Jeff Skilling, who had replaced Lay as CEO in February, resigned suddenly for what were said to be personal reasons. Lay took his old job back, and Wall Street began to demand more detailed financial information about Enron’s performance. In October, Enron announced that it would take $10.1 billion in charges, a substantial portion of which it attributed to investment partnerships that were run by CFO Andrew Fastow, who was either fired or forced to quit on October 24, 2001. The next day, Lay’s daughter sent Lay an upbeat assessment of Enron’s future.

To: Ken Lay
From: Elizabeth Vittor
Date: Oct. 25, 2001
Subject: More Good News

Dad,

The message boards look really good today. There are one or two bad guys, but they are the shorts and everyone else is betting on stock back in the 20s before the weekend and a turnaround. The general consensus is Enron is still a good company with good earnings and this is a great time to buy.

Love You, Dad,

Me

Lay’s daughter’s optimism was unfounded, of course. Enron’s stock price kept plummeting, eventually hitting 60 cents per share. As the Enron scandal worsened, Lay family members began worrying about the Enron CEO — and about themselves. Four days after Lay’s daughter wrote her upbeat message, Linda Lay exchanged e-mails with an Aspen-based biochemical nutritionist who had ideas for helping Enron’s CEO.

To: Linda Lay
From: Phyllis Bronson
Date: Oct. 29, 2001
Subject: RE: Biochemical Research Foundation

Dear Linda,

So much for your quieter time of life.

After seeing the NY Times article yesterday, I am glad for Enron that Ken is back at the helm; I trust he will persevere and be more than successful in whatever he does. I am concerned about his level of stress, and would highly recommend that he keep up that anxiety control formula, taking two after meals 3x a day. I have stronger things in my arsenal if needed.

Also, perhaps when he is here sometime, I could check his blood chemistry for stress factors and optimal brain function.

Warmest Regards,

Phyllis

To: Phyllis Bronson
From: Linda Lay
Date: Oct. 30, 2001
Subject: RE: Biochemical Research Foundation

Dear Phyllis,

Bless you for your care and concern. I have forwarded on to Ken’s office and will get him to Aspen as soon as the smoke clears. He is burning the candle day and night with very little sleep. I am praying hard for him and Enron and know that he has the strength, wisdom, skills and courage to persevere and succeed.

I will stay in touch.

Love, Linda

To: Ken Lay
From: Linda Lay
Date: Oct. 30, 2001
Subject: FW: Biochemical Research Foundation

Dear Ken,

I am packaging up extra anxiety control pills to go down to your office. Please have Earl pick them up at the front door.

I love you,

Linda

To: Ken Lay
From: Elizabeth Vittor
Date: Nov. 6, 2001

Dad,

I just wanted to let you know that I love you and I am here if you need ANYTHING! I am in Boston until late Wednesday (I am visiting Christina, Tad, and baby Jack). They all send their love and support to you as well. Jack is adorable!

We are all praying for you and all the people at Enron.

I love you!

Elizabeth

To: Liz Safly, Library Technician, Harry S. Truman Library
From: Linda Lay
Date: Nov. 12, 2001
Subject: Harry S. Truman Quote

I need to verify a quote that is attributed to President Truman, which is as follows:

“At least people should get their facts straight before they mess them up.”

I would appreciate any help that you can give me regarding this quote. Thank you.

The Truman library never found the quotation Linda Lay wanted. By the end of November 2001, the end was near for Enron. On Nov. 28, the company’s bonds were downgraded to “junk” status and Enron announced that it was suspending all nonessential payments.

To: All Enron Employees United States Group
From: Ken Lay
Date: Nov. 30, 2001
Subject: Update — Reporting to Work Next Week

Many of you have asked whether you should come into the office next week, especially if there is no guarantee of being paid for time worked after today. We want to encourage you to come to work. We continue to consider every option available to us as a company; and unfortunately, restructuring through bankruptcy is one of those options. Your continued efforts during these trying times are critical to the company as we go through this decision making process…

To: Ken Lay, et al.
From: Another One — exenron@hotmail.com
Date: Nov. 30, 2001
Subject: Thank you all very much for your support — NOT!

I genuinely believed in Enron and the Values of the company. You demonstrated that that trust was misplaced and worth nothing.

I particularly like your adherence to the core values — you “respected” us, you “communicated” brilliantly with us, your fucking us over was “excellent,” your “integrity” was without question.

You load of bastards — you screwed us all and got on the profits of our sweat. I hope that the board and upper management rot in jail and never see the light of day again — apart from when you are exercising in the open prison yard in your shackles.

— Just Another Fucked-Over Ex-Employee

To: Members of the Lay family
From: Linda Lay
Date: Jan. 17, 2002
Subject: Re: Ken Lay’s SEC Testimony

Dear Fam,

Sally informed me today that John Brindle, a former head of Enron security, is now involved and will be handling all airline reservations (through Gordon Bethune at Continental Airlines), ground transportation and hotel reservations (Four Seasons or Park Hyatt) for us. He has suggested that we use “assumed” names for all reservations being made. John feels strongly that there could be a risk and a small unit will attract less attention and be easier to maneuver, also it will allow for less media coverage which is a good thing…

I talked with Ken about it tonight and as much as we would love to have you there for moral support we do not want to do anything that would put you in harm’s way or create a media spectacle for him. So, unfortunately, the prudent thing to do is have you stay in Houston and pray for him in your safe environments.

For your information, our plan is to go up to DC on Thursday, January 31 and back on Tuesday morning, February 5. Ken gives his testimony at the SEC hearings on Monday morning, February 4, and I am told that it will go on until late in the day…

The following is also from Sally:

John has asked if the kids would have an interest in meeting with him for 20-30 minutes to hear his suggestion for ways in which to best help the situation, and ideas on keeping their families safe on a daily basis… He did express concerns that due to KLL’s high profile, kidnapping is not out of the realm of possibility, but he has numerous suggestions for circumventing this. Let us know your thoughts.

Love, Mom/Linda.

Shortly after Linda Lay sent her e-mail, Elizabeth Vittor responded with a message telling family members they could watch some of Ken Lay’s testimony on C-SPAN. If they failed to tune in, they didn’t miss much: When he finally appeared before the Senate Commerce Committee in February 2002, he offered a brief statement and then refused to testify further on the grounds that doing so might incriminate him.

Tim Grieve is a senior writer and the author of Salon's War Room blog.

The Wall Street Journal’s Freudian tweet

The newspaper declares Enron-inspired Sarbanes-Oxley law struck down by Supreme Court. Er, not so fast

  • more
    • All Share Services

The Wall Street Journal's Freudian tweet

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).

So perhaps that explains why the Wall Street Journal’s flagship Twitter feed (as pointed out by Felix Salmon) jumped the gun this morning, reporting via a tweet practically dripping with glee that Sarbanes-Oxley had finally been vanquished!

BREAKING: Supreme Court strikes down Sarbanes-Oxley, the landmark anti-fraud law. Much more to come at http://wsj.com

Except, as the Journal and other publications soon reported, the court did no such thing. The court struck down a part of Sarbanes-Oxley that had to with the president’s power to fire members of the Public Company Oversight Accounting Board, the regulatory body set up by Sarbanes-Oxley to watch over the accounting firms that audit public companies.

Currently, members of the PCOAB can only be fired “for cause.” The court ruled that this violated the Constitution’s “separation of powers” principles. Now the president will be able to fire the overseers “at will.”

Critics of Sarbanes-Oxley had hoped that the court would use this flaw to throw out the entire law. But that’s not happening. The law stands. The proper tweet should have been “Supreme Court strikes down minor part of Sarbanes-Oxley; law remains in effect.”

Maybe it was an honest error — albeit retweeted around the world at near the speed of light. Or maybe it was an unintentional revelation of the deepest hopes and desires of the Wall Street Journal’s shell-shocked editorial core — the subconscious revealed in 140 characters or less. With just days to go before a new avalanche of financial sector regulation becomes law, the Journal saw one bright spot in the advancing gloom — Sarbanes-Oxley would be no more! And the paper (or a Twitter-feed monitoring intern) got a little excited. Hey, no worries, it’s happened to the best of us.

But the least the paper could do would be a follow-up, one-word tweet: Ooops! Any self-respecting blogger would have felt that much responsibility. But the Journal blithely tweeted forward, gradually approaching the truth, with nary a look back. Tut tut.

UPDATE: The man behind the mistaken tweet, Zach Seward, comes admirably clean in Felix Salmon’s comments.

Continue Reading Close
Andrew Leonard

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

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

  • more
    • All Share Services

Jack Abramoff, Eliot Spitzer: A tale of two swindlersFormer 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.

The other thing they have in common, of course, is Alex Gibney, who has made movies about all those subjects, including the Oscar-winner “Taxi to the Dark Side,” the box-office breakthrough “Enron: The Smartest Guys in the Room” and “Gonzo: The Life and Work of Dr. Hunter S. Thompson,” which wasn’t a big hit but strikes me as a key work in understanding what Gibney is up to. He thrives on those oversize emotions mentioned above, channeling them into intentionally ambiguous pop documentaries that inhabit a nuanced middle ground between journalism and entertainment.

As he would be the first to admit, Gibney’s films depend on the work of old-school investigative journalists, those lumbering sauropods who take months or years to reach their destinations. His particular genius lies in taking their facts and figures, their reams of insider testimony, and spinning them into compelling on-screen yarns, loaded with archival news footage, goofy animations and special effects, dramatic re-creations and comic-relief moments. Yet if Gibney’s films are a long way from the purist cinema-vérité documentary tradition, they’re closer in spirit to old-fashioned muckraking than to the clown-prince pranksterism of Michael Moore. (Gibney’s voice can be heard in his films, both literally and figuratively, but he never appears as a character.)

Even by Gibney’s prolific standards, 2010 is shaping up as a bonanza, or perhaps an unmanageable pileup. When I met him recently at the New York offices of Magnolia Pictures, we were officially talking about his explosive, hilarious and eye-opening Abramoff film, “Casino Jack and the United States of Money,” which Magnolia releases in theaters this week. But Gibney also had — count ‘em — three other new movies premiering in the Tribeca Film Festival, at least if you count his section of the anthology documentary “Freakonomics,” adapted from Stephen Dubner and Steven Levitt’s bestselling books. (Other co-directors of that film are Seth Gordon, Eugene Jarecki, Morgan Spurlock and the “Jesus Camp” duo, Heidi Ewing and Rachel Grady.)

Gibney also unveiled a sneak preview of his as-yet-untitled Eliot Spitzer documentary at Tribeca, along with “My Trip to Al-Qaeda,” a film based on journalist and author Lawrence Wright’s solo theater piece about his quest to find the roots of Islamic terrorism. (That film will play on HBO, and perhaps also receive limited theatrical release. The commercial fate of the Spitzer film remains undecided.)

“Casino Jack” veritably revels in the rollicking, stranger-than-fiction details of the Abramoff scandal, in which a brilliant and charismatic lobbyist pimped out much of the United States Congress to big-money corporate clients, along the way defrauding Indian tribes, the territorial government of the Mariana Islands and other easy marks. Beyond that, though, Gibney is fascinated by the scandal’s larger implications — and it’s there that we begin to see the conceptual thread that ties his films together. Abramoff was no rogue out to enrich himself (although he did that too) but a committed right-wing ideologue who permanently changed the rules of the game in Washington. He embraced and embodied that old gag about the Golden Rule: Those who have the gold make the rules.

As always, Gibney was a cheerful, upbeat conversationalist in person. He’s a film buff who stays busy at festivals catching other people’s work, and in an interview context he delivers concise, on-message sound bites, not dark, philosophical jeremiads. Still, as I told him, I sense a pattern here, whether or not it’s entirely conscious: Gibney is documenting the not-so-slow and not-so-gradual demolition of the American dream, the interlinked vision of freedom, democracy and capitalism that has been so influential in the recent history of the world, and now seems to be in potentially terminal decay.

So, Alex, we’re here to talk about “Casino Jack and the United States of Money,” but you’ve got two other films that are either complete or almost complete. And then there’s “Freakonomics,” which you directed part of. I think you should write some kind of self-help book on how to get stuff done. Are you one of those people who’s incredibly organized?

Man, that would make everybody who knows me howl with laughter. I may be the world’s most disorganized person. But I do put in the hours. I should probably join Filmmakers Anonymous. Stop me before I say yes again!

You know, you could look at your films and describe them as miscellaneous. Generally you’re taking the work of journalists and adapting it for the screen. But when I look at them, I see a congressional corruption scandal, a major corporate scandal, a disgraced politician and a dead journalist who spent his life excoriating the stupidity and corruption he saw around him. Is there a pattern?

Maybe if you see it, you’ll let me know. [Laughter.] There are clearly certain things that interest me, and I seem to go there. But a pattern? I don’t know.

Well, if I were a graduate student trying to write a thesis about you, I might suggest that these are all aspects of the decline of America since 1980 — the legacy of the Reagan revolution and the triumph of conservatism in American politics.

Well, there’s a theme in that. I think that’s the big story. Now we’re seeing that the net result of the Reagan revolution was the Wall Street meltdown. Take away all the rules and regulations, and what do you get? Meltdown. So I think that’s a theme.

But the other thing that’s increasingly interesting for me is human behavior. What makes people do the strange things they do? How do good people go bad? How do people abuse power? Those are big things for me.

You’re showing your movie about Eliot Spitzer at Tribeca, but it has no title yet and we’ve all been asked not to write about it. So I take it you don’t think it’s ready to roll?

I’m taking my cue on the Spitzer film from what happened with “Casino Jack” at Sundance. We thought it was finished. But seeing it with an audience, who weren’t my friends or anything, you learn things about how it plays. So we made it a lot shorter, we took at some narration, we just shifted stuff around. I would say the Spitzer film is largely finished, and now we’ll see how people respond. We may make a few adjustments.

Your other new film is “My Trip to Al-Qaeda,” which — well, how would you describe it? Is it an adaptation of Lawrence Wright’s performance piece?

Yeah, in some ways it is. He did a one-man play called “My Trip to Al-Qaeda,” which is like “my summer vacation,” except in the Middle East. What intrigued me was that it was an everyman’s look at al-Qaida — why they attacked us, and why they came to be what they were. In making the film, we filmed the play, but then we enhanced it. The set of the play was Larry’s study, but it also included a TV screen. We made that TV screen significantly bigger on our set, and used it as a magic portal.

There’s a kind of time and space travel in the film, where we go to Cairo, to London. We also travel through space and time to the caves in Afghanistan, to Saudi Arabia, so that you can see and feel these places in addition to traveling on Larry’s personal journey, which is his play.

Getting back to “Casino Jack,” which is a movie about a scandal that was widely covered in the media when the story broke, five or six years ago. It seems as if you’re arguing that people may know Abramoff’s name, and maybe the general outlines of the story, but may not understand its importance.

In some ways, he assembled the tool kit that lobbyists are still using. Now, people will object to that: “Absolutely not! Jack Abramoff was one of a kind! He was completely outrageous.” Well, yes. He was outrageous, and he was way out of control. But he used the same tool kit everybody uses today: the rapacious use of not-for-profits to hide trips, to hide agendas, to hide money flows. The revolving door, where you get staffers from senators’ or congressmen’s offices and put them into your lobbying shops so you can influence votes, influence legislation. The use of entertainment and skyboxes — there are different rules now, but there are also ways to get around them. Biggest of all is the way you manage money to influence legislation, in a way that skirts the prohibitions on quid pro quo. It’s about going inside the kitchen in the world’s biggest restaurant and seeing how the sausage is made. Jack Abramoff was the master chef in the world’s biggest restaurant.

We wonder why Congress is dysfunctional, why they’re not doing the people’s bidding, why everyone seems to hate them. The reason is, the system is broken, because it’s all based on money. By looking at Jack’s story, you can see how that happened.

And Jack’s story — first of all, it’s hilarious and spectacular. It’s globe-girdling, there’s a murder in it, there are sweatshops in Saipan, dirty deals in Russia, arms whistling to the West Bank. But at its heart is the very stuff that is breaking our system of democracy.

This was the biggest congressional corruption scandal ever, at least at the time. But did the level of corruption that Abramoff represented become the new normal, in a sense? Because in the film you suggest that even more dramatic stuff has happened since his downfall.

The dispiriting thing is that Jack Abramoff, in the wake of the financial lobbying of the last few years, looks like a piker. I mean, he’s Podunk! The financial lobbyists, and the medical and pharmaceutical lobbyists, have taken what Abramoff did to a new level.

You mentioned the fact that the Abramoff story is highly entertaining, which it certainly is. And while it’s unlikely that your viewers will find him likable or sympathetic, let’s just say this: He makes one hell of a lead character.

There is another film, which is still called “Casino Jack.” I think they’re going to change the title. It’s a fictional version of this story, in which Kevin Spacey plays Jack Abramoff. I’ve seen the film, and Kevin Spacey is very good in it. But he’s no Jack Abramoff. [Laughter.]

Jack Abramoff is one of a kind. As Neal Volz, a former staffer for congressman Bob Ney who later worked for Jack, says, “Jack could talk a dog off a meat truck.” He was that persuasive. He was the ultimate salesman, but he was also a man of great imagination. He was a film buff, who saw his own life as an action film or a spy thriller. As a result, he imagined himself into situations that, you know, make for pretty good moviegoing.

Suddenly, we’re in Angola, in Africa, where Jack is holding a sort of right-wing Woodstock [in June 1985], shooting machine guns with a bloodthirsty character named Jonas Savimbi and a guy named Adolfo Calero, who used to run the Contras in Nicaragua. And they’re all holding hands after a lot of machine-gun shooting and singing a version of “Kumbaya” with this guy Lew Lehrman, who later ran for governor in New York state, and who gave George Washington’s bowl to Jonas Savimbi, this bloodthirsty dictator. You can’t make this stuff up!

Yeah, I literally couldn’t believe that entire sequence. It’s so amazing. It seems impossible, totally fictional. Was it difficult to find documentation of that event?

It sure was. We got lucky or we were good, one of the two. We tracked down a cameraman who had been there, and he still had 10 hours of footage. We also got Jack’s film, which was amazing. Jack was a film producer. He produced “Red Scorpion,” with Dolph Lundgren [released in 1989], and “Red Scorpion 2.” I think the Angola affair — it taught Jack that it wasn’t a big enough deal. That was his documentary version, and he was always going to make an action film. So he reinvents Savimbi into Red Scorpion, and has Dolph Lundgren as the action hero, shooting up everybody and performing weightlifting tricks. And that’s what Jack was as a young man, a weightlifter. So Dolph Lundgren is standing in for Jack.

I have a fun thing at the beginning of the film. There’s this thing that Jack said to somebody, which we transposed into an e-mail: “Documentary? You don’t want to make a documentary. Nobody watches documentaries. You want to make an action film.”

So to some extent, this film is an action film. That’s what I told Jack: “It’s an action film, man. People are going to be entertained.” I think it’s also a comedy, at least in parts. But unfortunately it’s a comedy in which the joke’s on us.

So you’ve had contact with Abramoff. What was that like?

Very interesting. I visited him in prison, and found him to be a very engaging character, very funny, good storyteller. He loves to quote movies.

Did he know who you were?

He did. I think — no, I know — that there was great reluctance to meeting with me. It wasn’t like I had a big record as a movement conservative, which was something we joked about. We agreed on one thing: I didn’t see him as a bad apple. I saw him as spectacular evidence of a rotten barrel.

He was at the center of things, not on the periphery. Everybody else was trying to make him the scapegoat: “Oh, we got rid of Jack Abramoff. Everything’s fine!” I told him, and I firmly believe, that he was at the center. He was doing stuff to the extreme, yes, over the top. But he was doing the same stuff everybody else was doing.

Well, you make a pretty strong case that Abramoff wasn’t in it for the money, or not entirely. He had an ideological motivation. He actually believed he was doing the right thing.

Right. I think he was a zealot. Unlike his partner, Mike Scanlon, who was in it for the money, Jack Abramoff was a zealot. He believed in the principles of the Reagan revolution. He was very anti-Soviet, but he also wanted to do what Grover Norquist has suggested: make government so small you can drown it in the bathtub. Denude it of its resources. Destroy the government, in effect.

Do you see any parallels between Abramoff and Eliot Spitzer? Here are these two brilliant, headstrong guys from opposite sides of the political spectrum, who appeared to be very idealistic, driven by ideology, but who allowed themselves to become corrupted.

I don’t know that Eliot was corrupted by his ideology, but I think he’s a character who did something that was wildly unexpected. If there is a parallel, it’s hubris. I think Jack became so entranced with his outsize reputation that he began to believe his own press releases. And I think Eliot Spitzer — he started seeing prostitutes at the moment of his greatest political influence. He was on his way to being governor, overwhelmingly popular among both Republicans and Democrats. And at that very moment, at the top of his game, he began to see prostitutes. Dudley Do-Right did wrong.

Of the two of them, maybe Spitzer was the real hypocrite. You can call Abramoff a lot of things, but not that.

I don’t think you could really accuse Jack of being a hypocrite. Jack was corrupt, and I don’t think you can say that Eliot Spitzer was corrupt. But he was hypocritical, there’s no doubt about that. Look, he had increased penalties for johns in New York, and he had prosecuted escort services. Now, I have rather politically incorrect liberal views about whether prostitution should be legal. [Laughter.] But the fact was that it was illegal, and he was the governor of New York, who had convinced people to elect him because he was Mr. Clean. So, yes, he was a hypocrite. And Jack wasn’t.

“Casino Jack and the United States of Money” opens May 7 in New York, Los Angeles and Washington; May 14 in Chicago, Phoenix, San Diego, San Francisco, San Jose, Calif., Santa Cruz, Calif., and Seattle; May 21 in Atlanta, Boston, Monterey, Calif., Nashville, Palm Springs, Calif., Philadelphia, Sacramento, Tucson, Ariz., and Austin, Texas; May 28 in Charlotte, N.C., Cleveland, Dallas, Kansas City, Miami, Minneapolis, Portland, Ore., Salt Lake City, San Antonio and Santa Fe, N.M.; and June 4 in Houston and Waterville, Maine, with more cities to follow.

Continue Reading Close

Exclusive 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

  • more
    • All Share Services

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).

In this Webisode, Gibney explores the elaborate money shuffle through which Abramoff channeled money from supposedly legitimate lobbying clients (like Indian tribes) through Republican PACs and Big Pharma front groups, who in turn wrote industry-friendly legislation that was passed intact by the GOP-led Congress. I’ll have an interview with Gibney and more coverage of the film next week. “Casino Jack and the United States of Money” opens May 7 in major cities, but you’ll only find this clip here (at least until the DVD comes out).

Continue Reading Close

It’s time for Wall Street to pay

We need accountability -- as in, jail time where warranted -- for those who created the financial disaster

  • more
    • All Share Services

It's time for Wall Street to payJames 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.”

Me, I blame the combination of runaway baseball salaries, the “talented and gifted” movement in schools, and the tyranny of SAT scores. I’m only half-joking. Once free agency drove even an average third baseman’s pay into the seven-figure range formerly reserved for tycoons who owned major industries or medium-size Midwestern states, practically everybody with SAT scores over 1,400 figured they deserved to earn as much as Aramis Ramirez.

The differences being that quality third basemen are a lot rarer than Ivy League MBAs, and are publicly and relentlessly evaluated. Steroids or no steroids, one bad season and they’re replaced by a 22-year-old from the Dominican Republic. That’s one of the things keeping us fans hanging on.

Not so in the corporate world. As recently as 2008, the geniuses running Wall Street investment banks bankrupted their companies and came perilously close to collapsing the world financial system. And what happened? A few CEOs departed via “golden parachute,” but most executives stayed shamelessly in place, profited from multibillion-dollar TARP bailouts and then began awarding each other obscene bonuses almost before the smoke cleared.

Meanwhile, a substantial part of a generation’s retirement savings vanished into thin air. Had the Bush administration succeeded in “privatizing” Social Security back in 2005, the damage could not have been worse.

Over time, American institutions appear to be growing steadily less accountable. Hayes cites the Catholic Church’s sex abuse scandal, which strikes me as a red herring. Yes, the bishops averted their eyes, placing the putative well-being of the church above children. Yes, ecclesiastical lectures on sexual sin are a bit harder to take. But the church has been hierarchical, secretive and self-protective since forever. Moreover, as recent developments in Ireland and Germany show, the problem is international.

More to the point, “look at CEO pay,” Hayes urges. “In 1978, according to the Economic Policy Institute, the ratio of average CEO pay to average wage was about 35 to 1. By 2007 it was 275 to 1.” In comparison, the ratio remains approximately 20 to 1 in most European countries; roughly 11 to 1 in Japan. Yet people complain about labor unions.

Hayes cites Nell Minow, an expert in corporate governance nicknamed “The CEO Killer” by Fortune magazine, to the effect that all many executives know how to do is “manipulate the levers of governance and devise ingenious methods of guaranteeing themselves windfalls regardless of their company’s performance.” The unvarying defense of the latest Wall Street bonuses, of course, is that the talented and gifted recipients might otherwise change teams. Why, perish the thought.

Only recently, reporters have begun catching up with the bankruptcy examiner’s report on the failure of Lehman Brothers investment bank, the precipitating event in the 2008 financial crisis. According to law professor and former white-collar prosecutor Peter J. Henning, writing in the New York Times’ DealBook blog, the 2,000-page document “discusses some accounting gimmicks that are eerily reminiscent of how Enron tried to prop up its balance sheet back in 2001 before it collapsed.”

And for which, it will be recalled, a number of Enron executives went to prison. The details can be dauntingly complex. But what they amounted to were a series of short-term accounting tricks designed to make the bank’s financial health appear robust as it “teetered on the brink of ruin.”

The examiner’s report calls CEO Richard Fuld “grossly negligent” at minimum, and reserves even harsher terms for Lehman’s accounting firm, Ernst & Young. Remember when accounting was a respectable profession? No more. They’re buccaneers today.

The basic gimmick was called a “Repo 105,” moving bad real estate-based assets off the books by using them as collateral for short-term loans just long enough to file quarterly reports, then unwinding the deals as quickly as overnight.

It’s as if your brother-in-law assumed your debts and deeded you his assets overnight so you could qualify for a bank loan, then took them back. Except Lehman was doing it to the tune of $50 billion a pop. You and your brother-in-law would go to prison for that, and so should somebody at Lehman Brothers. Hopefully, somebody with a brilliant academic record and impeccable social credentials, so the rest of them start paying attention.

© 2010, Gene Lyons. Distributed by United Feature Syndicate, Inc.

 

Continue Reading Close

Arkansas 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.

Sundance: Searing portrait of a top lobbyist

Oscar-winner Alex Gibney talks about his new Jack Abramoff expos

  • more
    • All Share Services

Sundance: Searing portrait of a top lobbyist18 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.

As the Oscar-winning director of “Taxi to the Dark Side” and “Enron: The Smartest Guys in the Room” told me in our conversation in a Park City restaurant, the Abramoff case was not an isolated instance of criminality, but a symptom of a much larger disease. As in his earlier films, Gibney dramatizes the work of America’s best investigative journalists, and directly attacks the “bad apple” hypothesis that’s repeatedly employed to explain away disturbing tales of corruption and malfeasance, from Enron to Abu Ghraib to Abramoff.

Magnolia Pictures will release “Casino Jack” in theaters this spring. For now, here’s Alex Gibney on the outlandish Abramoff tale and its rogue’s gallery of supporting players — from Tom DeLay to Grover Norquist to George W. Bush — why it definitely still resonates in the Obama era, and what it means for our imperiled republic. 

Continue Reading Close

Page 1 of 21 in Enron