enron corruption at its best
TRANSCRIPT
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Enron: Corruption atits Best
One of the largest corporate bankruptcies in the history of United States - $63.4
billion. This paper will illustrate Enrons corrupt accounting practices, arrogant
attitude, greed and executive power.
2010
Zeeshan Rajpute
Professional Writing - 3430
5/11/2010
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Zeeshan Rajpute
Prof essor: Charles Alcor n
Prof essional Wr iting: 3430
10 May 2010
Enron: Corruption at its Best
Natur al gas is der ived from the r emains of microor ganisms, plant and animal matter.
These r emains ar e com pr essed in the ear th¶s surf ace over a long per iod of time under intense
tem per atur es cr eating methanogens which tr ansforms into natur al gas. Its low density r ises
through the ear th¶s surf ace sealing itself within im per vious rock s formulating a r eser voir on to p
of oil deposits. To p r ated natur al gas production com panies such as BP, ConocoPhillips,
Chesapeak e Ener gy, EOG Resources, Newf ield Ex plor ation and Range Resources specialize in
extr acting gas from clastic sedimentar y rock r ef err ed to ³Shale´. In 2008, BP gener ated r evenues
of approximately $365 billion. Chesapeak e Ener gy declar ed r evenues of approximately $11
billion same year (³Fr edonia Group, Inc.´ 2). Exxon Mobile is in the process of diver sif ying by
develo ping shale gas production to captur e additional sources of r evenue. In 2008, United States
was the second lar gest natur al gas producer following Russia at 21%. Dur ing that year United
States aver age consum ption was 21.74% tr illion cu bic f eet. In 2008, 83% of consum ption was
produced domestically. United States is the dominant user of natur al gas.
Once natur al gas is produced and tr anspor ted via pipelines to local distr i bution com panies
(LDC). Natur al gas then passes through com pr essor stations and processing plants. LDCs
tr anspor t the gas through tr ansmission and distr i bution point to city gates. From city gates, then
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gas is distr i buted to consumer s. LDCs ar e str uctur ed in var ious formations. Four classif ications
ar e Investor-Owned, Pr ivately Owned, Municipal and Coo per ative. A pr ime exam ple of
Investor-Owned Com pany is Center point Ener gy. Enron Cr editor s Recover y Cor p (³ECR C´)
formerly k nown as Enron Cor p. was actually a provider of electr icity and natur al gas wholesale,
r etail purchasing and consulting ser vices. Enron produced, stor ed, tr anspor ted, electr ical
gener ation, commodity tr ading, f inancial, Inter net, commodity r isk management and com plete
r etail and f acility management (OneSource).
K en Lay was the CEO of Houston Natur al Gas who purchased InterNor th. In 1985,
Enron mater ialized through the coalition of Houston Natur al Gas and InterNor th. Now, Enron
controlled gas pipelines throughout southeaster n United States. By 1987, fr audulent activities
within the cr ude oil division r esulted in $150 million loss. Enron¶s shar es declined signif icantly
r esulting in limited cash flow bar ely a ble to maintain em ployee payroll. Enron¶s successf ul
perception allowed K en Lay to gener ate f unds through new loans from investor s in New York. In
1989, der egulation o f natur al gas made it possi ble to become one of the most powerf ul
cor por ations in the world (Slocum 8).
In 1990, Jeffr ey Sk illing was hir ed by K en Lay to become the new CEO of Enron
.Sk illing¶s back ground in cor por ate f inancing and investment bank ing cr eated o ppor tunities to
capitalize a der egulated natur al gas mark et. Sk illing cr eatively r estr uctur ed the accounting
methodology. He im plemented mark to mark et accounting system, r evenue r ecognition process
was r e-modif ied and cr eation of special pur pose entities (SPE) escalated. These unpr ecedented
accounting pr actices gave Enron a com petitive advantage. In 1992, Enron was the lar gest dealer
of natur al gas in Nor th Amer ica (Wik ipedia contr i butor s). Throughout the er a of 1990, under
Sk illing¶s manipulation, Enron¶s stock pr ice incr eased 311%. In 2000, Enron¶s stock pr ice
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escalated another 87% from 1999. Fur thermor e, Enron claimed r evenues of approximately $101
billion and em ployed nearly 22,000 peo ple.
Andr ew Fastow was another k ey executive who was r ef err ed to as the ³Fall Guy´. He
was hir ed in early 1990s to work in its tr easur y depar tment (Biogr aphy Resource Center Online).
Befor e tak ing his position as CFO, Fastow was head of Enron Capital Management. He was
highly sk illed in manipulating number s and brok er ing loans. Fastow cr eated special pur pose
entities (SPE) to shelter de bt. This tactic would incr ease Enron¶s r etur n on asset (R OA), ear nings
per shar e (EPS) and r educe its de bt to asset r atio. Higher the EPS, mor e capital the com pany is
gener ating. EPS is one of the most im por tant indicator s of a com pany¶s str ength and prof ita bility.
Fastow¶s talent for f inancing, pack aging and r estr uctur ing curr ent tr ansaction allowed
him to cr eate countless SPE to conceal Enron¶s de bt (Biogr aphy Resource Center Online). Mark
to mark eting and r evenue r ecognitions ar e two accounting methods if applied with a malice
intention can manipulate a cor por ation¶s f inancial via bility. Mark to mark eting method is used
typically to tr ade secur ities or mutual f unds. Financially, accounting pr inciples can determine an
actual value to a secur ity based on amor tization, depr eciation and curr ent mark et value
(Investo pedia 2009). In a merchant or r etail business setting, appr aising assets at its curr ent
mark et value and not book value can have a ser ious backlash. In essence, Enron was r ecording
assets f utur e value instead of cost minus depr eciation.
Revenue r ecognition pr inciple was another cunning technique incor por ated by Enron.
Revenue r ecognition is gener ally r ecorded when r evenue gener ation is com plete or has occurr ed,
Enron was r ecording r evenue using a ³merchant model´ ver sus an ³agent model´. Agent model
only r ecords brok er age f ees r evenue commonly used for investment brok er age f irms. Enron,
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being a merchant, buying and selling var ious forms of ener gy and gas products r ecord r evenue
minus cost of goods sold (Investo pedia 2009). However , Enron combined both models to their
advantage. They would enter r evenues as brok er age f ees in order not to deduct cost of goods.
This scheme would gr ant Enron lever age to am plif y their r evenue, dilute lia bilities r esulting
immense net prof its. Fur thermor e, Enron would cr eate SPE to minimize lia bilities. S pecial
pur pose entities such as limited par tner ships cr eated to hedge r isk or acquir e capital (Thomas 4).
These entities would obtain the sponsor ing com pany, Enron¶s de bt and convey hard assets in
r eplacement for consider ation (Thomas 4). Now, Enron was lever aging these SPE for additional
f unds from lender s. This method would incr ease Enron¶s cash flow, curr ent r atio, quick r atio,
r ate of r etur n on assets and lower their de bt to total assets; r esulting a higher ESP (ear nings per
shar e) r atio illustr ating a via ble, prof ita ble and equita ble com pany.
This paper will attem pt to posit the foundation for Enron¶s downf all. The application of
unethical business pr actices such as mark to mark et accounting, r evenue r ecognition and special
pur pose entities. This paper will attem pt to illustr ate how to p executives lik e K en Lay, Jeffr ey
Sk illing and Andr ew Fastow br eaded a cor por ate cultur e esta blished on gr eed, extr eme
com petitiveness with an arrogant attitude. This paper will convey Enron¶s influence, par ticularly
K en Lay, within the Bush Administr ation. How cam paign donations to pu blic off icials
throughout the nation f ueled Enron¶s mark et ex posur e. How K en Lay¶s influence over
gover nment off icials to im plement r egulations in the ener gy and gas industr y to adher e Enron¶s
corr upt ideology.
Enron¶s pr ime ob jective to der egulate the ener gy mark et and commodity tr ading was
accom plished between 1997 through 2000. This inclination was gear ed towards diver sif ying
mono poly controlled ener gy mark et by local utilities (Wayne 1). About 24 states accepted some
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form of ener gy der egulation. Enron contr i buted approximately $1.9 million to 700 diff er ent
candidates over 28 var ious states by 1997 (Wayne 1). Der egulation would allow Enron to bypass
pr ice r egulation .Enron¶s r evenues multiplied boundlessly, mak ing it one of the most powerf ul
cor por ations in the world. Lawmak er s and r egulator s justif ied this der egulation as fr ee mark et
capitalism. Gover nment should not dictate pr ices and allow the natur al cour se of supply and
demand to stimulate economy. Gover nment off icials wer e too influenced by Enron¶s cam paign
contr i bution and lost sight of consumer ¶s inter est. Enron ex ploited the weak ness that evolved
through der egulation for the sole pur pose of manipulating pr ices and supply.
Mark-to-Mark et (MTM) accounting emer ged in the 1980s. Com panies star ted to r ecord
assets based on their f air mark et value and not cost. Eventually, com panies with malice
intentions such as Enron could book hypothetical number s to account for their hard to value
assets (Inveto pedia 2009). A r ecent exam ple of mark-to-mark et f ailur e is Washington Mutual
Bank in September 2008. Washington Mutual declar ed billions of assets on their balance sheet.
Then, suddenly the bank was sized by f eder al r egulator s. This was the lar gest bank f ailur e in
United States histor y. Washington Mutual was bought for $1.9 billion wher e as the por tfolio
declar ed $307 billion. Pr imar y f actor associated to their downf all was the application of MTM
accounting pr inciples. Washington Mutual¶s secur ity value was r ecorded at curr ent mark et value
r ather than book value. Basically, Enron was r ecording f utur e prof its on their curr ent balance
sheet in the same manner. For exam ple, Enron build a power plant and r ecord hypothetical f utur e
prof its on curr ent f inancial statements.
S pecial Pur pose Entities (SPEs) wer e another contr i buting f actor towards Enron¶s
fr audulent activities. Enron¶s MTM methods wer e detecting f inancial concer ns; Andr ew Fastow
incor por ated SPEs to hedge lia bility.
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³Under Fastow¶s leader ship, Enron took the use of SPEs to new heights of com plexity and so phistication, capitalizing them with not only a var iety of hard assets and lia bilities, but also extr emely com plex der ivatives f inancialinstr uments, its own r estr icted stock , r ights to acquir e its stock and r elatedlia bilities´ (Thomas 4-5).
Enron was o per ating business through mor e than a thousand SPEs. Fastow per sonally managed
LJM Cayman LP and LJM2 Co-Investment LP. Fastow collected, per sonally over $30 million in
management f ees from 1999 to 2001 (Thomas 4). Raptor was another group of SPEs designed to
hedge bankr upt investments. Enron issued stock s to these SPEs in r etur n for notes r eceiva ble up
to $1.2 billion which inflated the balance sheet. SPEs would allow Enron to tr ansf er these
loosing assets off their f inancial statements.
Author Ander sen LLP was em ployed by Enron to perform inter nal and exter nal audits.
Author Ander sen assigned a permanent staff at Enron¶s off ices. Yet fr audulent activities wer e
not detected. Major ity of accountants, controller and CFOs em ployed at Enron wer e pr evious
Author Ander sen executives (Thomas 9). This r elationship between Author Ander sen as inter nal
and exter nal auditor s consoled Enron to conduct their black box o per ation. Author Ander sen has
accepted their ack nowledgement of corr uption but not unethical accounting pr actices. Author
Ander sen was terminated as Enron¶s auditor in early 2002.
Enron¶s cor por ate cultur e lack ed com passion and integr ity. The only com passion Enron
executives ex pr essed was per sonal gr atif ication. The most ³Innovated Com pany´ or ³World¶s
Leading Com pany´ at its peak bar ed sign of arrogance. From to p executives, manager s, tr ader s
and entr y level em ployee or iented a sense of pr ide which led to r isk tak ing r esulting in fr audulent
activities. Em ployees wer e r ank ed and com pensated based on performance. And ther e wer e no
leeway for mistak es. Mistak es wer e br ushed under the r ug. This pr essur e r esulted in def ying the
r ules.
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Sk illing cr eated an atmospher e of r uthlessness. He im plemented a system of forced
r ank ing for em ployees. Any em ployees r ank ed in the bottom 20% would be terminated (MeLean
1). Em ployees endanger ed one another for f utur e em ployment at Enron. Sk illing¶s attem pt to
cr eate excellence came with a cost. A cost that would lead to Enron¶s destr uction. Sk illing sole
pur pose was to maximize pr ice per shar e of common stock r egardless of str ategy. Enron
em ployees divulged into unethical pr actices. Enron had 874 su bsidiar ies r egister ed in for eign
countr ies to avoid taxation (Slocum 25). In com par ison to Duk e Ener gy who had only six
su bsidiar ies all r egister ed in US. ExxonMobil has 9 com panies r egister ed over seas for tax
shelter. Sk illing and Fastow¶s disr egard for cr iminal consequences, obligations to shar eholder
and em ployees, cr eated an environment neglecting r esponsi bilities, f alsif ying f inancial
statements, inflating contr act values and many other unethical pr actices. Corr uption could be
tr aced in the hear t of Enron, their Board of Dir ector s.
³Mr. Power s testif ied befor e this Su bcommittee. He was commissioned as a new member of the Board of Dir ector s of Enron, to do a study of what was happening inside the Enron Cor por ation. They did a study of only
thr ee par tner ships or SPEs, only thr ee. Mr. Power s sat at the ta ble and saidwhat they found inside the Enron Cor por ation was ³appalling.´ This, r emember , would be the best possi ble light put on this com pany because was done by a member of the Board of Dir ector at the r equest of the Boardof Dir ector s. He found something inside the com pany that was appalling.Off icer of that com pany, and peo ple in the com pany, for exam ple, invested $25,000 of their money and took out $4 million 60 days later.What we discover ed with r espect to this cor por ation is, in f act, a cultur e of corr uption´ (OneSource).
Deception and corr uption with outr ight negligence can descr i be the cor por ate cultur e of Enron.
Enron was a pr imar y contr i butor , lobbing for der egulation of natur al gas. They wer e so
determined br eak the mono poly, Lay and Sk illing would meet utilities commissioner s, testif y
befor e statehouse committee and call politicians (Wayne 1). In 1997, according to National
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Institute on Money in State Politics r epor ted Enron contr i buted over $1.1 million in cam paign. In
2000, Enron gave $1.1 million candidates and state legislator s throughout the nation. Gover nor
Gar y Davis of Califor nia r eceived $97,500, Gover nor Rick Perr y of Texas r eceived $212,000,
Gover nor Geor ge E. Patak i of New York r eceived $9,000, Phil Gr amm r eceived $97,350,
Senator K ay Bailey Hutchison r eceived $99,500, and Repu blican senator Conr ad Bur ns of
Montana r eceived $23,200. Enron cr eated a r eputation as the ener gy industr y¶s leader in f inance
contr i bution (Pu blic Citizen).
Due to these contr i butions, K en Lay¶s influence r eached the highest level of gover nment.
K en Lay¶s r ecommendations wer e heavily consider ed by the Bush Administr ation. The Ener gy
Policy Act of 1992 was customized to f it another one of Enron¶s manipulative schemes. This
plan incor por ated the flow of gas through utility pipelines to endor se Enron¶s product. Enron was
going to capitalize on ever y tr ansaction occurr ing within wholesale and r etail of electr icity tr ade.
When K enny Boy said Jum p, Geor ge Bush said how high. Another pr ime exam ple was Lay¶s
r ecommend of seven candidates to the Feder al Ener gy Regulator y Commission.
³One such document was a Januar y 8, 2001, letter wr itten to Bush¶s per sonaldir ector , Clay Johnson, r ecommending seven candidates to the Feder al Ener gy Regulator y Commission. Two of the candidates Lay r ecommended, Pat Wood and Nor a Brown, wer e appointed to FER C by Bush; Wood was appointed chairman´ (Leo pold 3).
This letter along with thousands of other pages was su b poenaed in May of 2002 illustr ating the
r elationship, r espect and influence K en Lay r etained over the Bush Administr ation. Fur thermor e,
Bush¶s to p economical advisor , Lawr ence Lindsey, was com pensated $50,000 for consulting
work r ender ed to Enron in 2000. Ther e wer e many to p White House off icials who wer e
somehow r elated to Enron besides Geor ge Bush. One individual stands out a bove the crowd was
K arl R ove. He was the senior White House political str ategist who sold 1,000 shar es of Enron
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stock s in June 2001 just six months pr ior the Enron¶s bankr uptcy. This is a perf ect exam ple of
inter nal corr uption. K en Lay and Enron¶s success is signif icantly r elated to influencing
corr uptive behavior for per sonal gain.
How did K en Lay become a dominant f igur e with the Bush Administr ation? He was
po pular among other political off icials away from the Washington, but how the White House?
Well shor tly af ter ear ning his PH.D. in economic from Univer sity of Houston, K en Lay enrolled
as an off icer in the U.S. Navy. In 1971, Lay was chief assistant to the Feder al Power
Commission wher e he im pr essed many peo ple with his work. In 1972, He held a position as
Deputy Under secr etar y of Ener gy of the U.S. Depar tment of Inter ior. K en Lay also held as
position as Technical Assistant to Commissioner of Feder al Ener gy Regulator y Commission.
Befor e leaving the political ar ena, K en Lay develo ped r elationships with k ey political f igur es.
Political f igur es such as Geor ge H. W. Bush. This r elationship passed on to Geor ge W. Bush.
This bond between the Bush Family and K en Lay was ver y prominent and loyal. K en Lay
ex per ienced f ir sthand, how to ex ploit per sonal agenda within the gover nment.
³Enron gave mor e than $1.1 million to Bush¶s pr esidential cam paign: $127,525dir ectly to his cam paign and $713,200 to the Repu blican National Committee, which ser ved as an arm of the Bush pr esidential cam paign. Enron and Lay alsogave $300,000 to the Bush-Cheney 2001 Pr esidential Inaugur al Committee´ (Pu blic Citizen).
Once Bush was elected as Pr esident, K en Lay initiated his per sonal agenda without hesitation.
Under Bush¶s administr ation, with the assistant of Phil Gr amm, another pu blic off icial. Under
Lay¶s conf idence, Gr amm introduced the Commodity Futur es Moder nization Act of 2000. The
verbiage in this Act stated der egulation of ener gy tr ading by excluding com panies lik e Enron
under the jur isdiction of Commodity Exchange Act and Commodity Futur es Tr ading
Commission. This bill would em power Enron to deviate r egulated tr ading auctions, exclusively
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New York Mercantile Exchange. Meaning, Enron can o per ate its own unr egulated ener gy tr ading
auction. Enron¶s wholesale ser vice division heightens its r evenue from $35.5 billion in1999 to
$93.3 billion in 2000. In com par ison, 1st quar ter of 2000, r evenue r ecorded $12 billion, but 1st
quar ter of 2001 r egister ed $48.4 billion (Pu blic Citizen). Once Enron esta blished EnronOnline´,
they captivated solid control over Califor nia¶s ener gy mark et. Without owning a power plant,
Enron manipulated Califor nia¶s ener gy supply. Enron¶s gr eed steer ed unethical pr actices. Such
as withholding ener gy supply, which stimulated bogus shor tage r esulting in pr ice incr ease.
Enron¶s influence and power laid a foundation for success. If only K en Lay and other to p
executives lack ed the attr i bution of gr eed and arrogance, this corr upt com pany might have
become a titan in the ener gy industr y.
K enneth L. Lay was r ef err ed to as a ³f ather f igur e´ in Enron. He is a prominent exam ple
of r ags to r iches with a touch of corr uption. K en Lay was bor n on A pr il 15, 1942 in Tyrone
Missour i. He was bor n in pover ty. As a child, Lay work ed on a f arm plowing f ields. Lay was
ver y dedicated to his education. He ear ned a scholar ship to Univer sity of Missour i. While
attending U of M, he would work par t-time painting houses. An economics prof essor , Pink ney
Walk er inspir ed him to major in Economic. Walk er ¶s influence motivated Lay to com plete his
master ¶s and doctor al degr ee. Through Walk er ¶s connections, Lay was on his way to the White
House. Af ter his ser vice to the pu blic in 1973, he decided to tak e a cor por ate jour ney. He was
em ployed at W. J. Bowen as vice pr esident of cor por ate planning (Biogr aphy Resource Center
Online). In 1982, he marr ied Linda A. Herrold af ter divorcing his childhood sweethear t (Judith
D. Ayer s). In 1984, Lay cor por ated the mer ger of Flor ida Gas and Houston National Gas. In
1985, Houston Natur al Gas purchased InterNor th. By 1986, this mer ger was named Enron.
Der egulation occurr ed in 1989 r esulting in enormous cor por ate growth. In the 1990s er a, with the
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assistance of a f ew k ey political f igur es, 1Enron was r ecognized as the most innovative com pany
in Amer ica. Towards the end of 1990s, manipulation and corr uption was slowly star ting to
emer ge. By December 2, 2001, Enron declar ed bankr uptcy. In July 2004, K enneth Lay was
indicted by f eder al gr and jur y on 11 counts of f elony, r anging from wir e fr aud, secur ities fr aud
and f alsif ying bank statements (Biogr aphy Resource Center Online). Lay¶s $40 million in sof t
and hard assets wer e seized. K en Lay passed away on July 5, 2006 of a massive hear t attack. He
was tr uly a genius based str ictly on his accom plishments of maneuver ing gover nment decisions
in f avor of Enron.
Jeff Sk illing was k nown as the ³Idea Man´ or ³Thr ill Seek er ́ . Sk illing was bor n on
November 25, 1953 in Pitts bur gh, Pennsylvania. He was r aised in New Jer sey and Auror a. He
gr aduated from West Auror a High School. In 1975, Sk illing gr aduated from Souther n Methodist
Univer sity in applied science. In 1979, he r eceived his MBA from Har vard Business School.
Sk illing was named CEO of Enron by K en Lay in 1990. Throughout the 1990s, Sk illing
produced exem plar y prof its by diver sif ying their mark et segment and im plementing r isk tak ing
accounting ideologies. By 2001, Jeff Sk illing was ear ning $132 million annually. In March 2002,
Jeff r emarr ied to Re becca Car ter. Fe br uar y 19, 2004, Sk illing was char ged with fr aud and insider
tr ading. In May 2006, Sk illing was convicted of 19 counts of f elony. October 2006, Jeff er y
Sk illing was sentenced to 24 year s and November 2006 r epor ted to pr ison (Biogr aphy Resource
Center Online). Sk illing by f ar por tr ayed a per sonality diff er ent then Lay. Sk illing was cr eative,
but f ull of corr upt ideas, arrogant and had a lack of r emor se for other s.
Andr ew Fastow was r ef err ed to as the ³Fall Guy´. Andr ew Fastow was bor n on
December 22, 1961 in Washington D.C. Fastow ear ned his degr ee in Chinese and economics
from Tuf t Univer sity. Then Fastow gr aduated from Nor thwester n Univer sity with a master s¶
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degr ee. He marr ied Lea Weingar ten in 1984 and had two childr en. Fastow¶s back ground was
r elated to asset-back ed secur ities (Biogr aphy Resource Center Online). This is the samepr actice
used by su b pr ime lender s when the housing mark et was booming. This ex per ience was pr epping
Fastow for a gr eater challenge to come. In 1990, Sk illing hir ed Fastow to im plement his ³asset-
back ed secur ities´ model into Enron. In 1998, Andr ew Fastow was named CFO. Fastow was
r ecognizes by his cr eation of SPEs to shelter lia bilities and hedge assets. In Januar y 2004,
Fastow and his wif e pled guilty to fr aud. On March 7, 2006, Fastow testif ied against K en Lay
and Jeff Sk illing. On September 26, 2006, Fastow was sentenced six year s. Per sonal information
a bout Andr ew Fastow is ver y limited. He was a low prof ile individual. Fastow¶s attr i butes
consisted of contr act brok er aging and de bt consolidation, basically a number s guy. Fastow was
not an out spok en individual but ver y eff ective. Enron¶s accom plishment for lasting as long it did
should be cr edited to Andr ew Fastow.
In ever y cor por ation, ther e is a degr ee of corr uption, a thin line between r ight or wrong. It
is the ethical r esponsi bility of cor por ate leader s to distinguish the diff er ence between appro pr iate
or immor al conduct. Cor por ate cultur e and business ethics ar e cultivated by exam ple.
Consequences ar e enforced for br eak ing the r ules. K en Lay¶s leader ship gr atif ied success
through unr estr icted degr ee of corr uption. K en Lay¶s used his influence over the gover nment to
str ategically positioned Enron to captivate mor e mark et shar e. Lay¶s use of influence according
to my def inition was accepta ble. Cor por ations who ar e capa ble of , tr y to use executive contacts
to secur e their inter est. This is a form of fr ee mark et capitalism. However , if ulter ior motive
demonstr ate malice intent, then one has crossed the line of immor al conduct. Lay and Sk illing¶s
intentions wer e never to benef it the well being of Enron but their per sonal gains. Jeff Sk illing
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cultivated arrogance, gr eed and corr uption. If both of these individual would have conf ined their
gr eed and degr ee of manipulation, Enron could have evolved into a mega cap com pany.
A signif icant cr edit for Enron¶s br eakdown can be contr i buted to Bush Administr ation
and a f ew other k ey f igur es, such as Phil Gr amm. These pu blic advocates wer e im pr essed by
Enron¶s f ictitious image and inde bted to its cam paign contr i butions; they overlook ed the
consequences. Control and power to this magnitude can never be bestowed to arrogant, gr eedy
and manipulative individuals.
According to National Bur eau of Economic Research in 2006, Amer ica has encounter ed
seven r ecessions from 1959 to 2003. If we tr uly did have seven r ecessions then we must have
embr aced seven boom per iods. Meaning, since 1959 Amer ica has under gone seven business
cycles. Ther e ar e sever al theor ies justif ying r ecession or ³boom´.
³One of the f ir st business cycle theor ists, Joseph Schum peter (1934/1989; 212, 214) speculated that r ecurr ent business fluctuations (cycle) wouldoccur initially as a r esult of ´swarms´ of entr epr eneur s who cr eate spik es
in productivity, followed by a panic or shock which dr ives output downward´ ( Conroy, and Emer son 905-911).
Amer ica¶s levels of ethical standards have diminished. Conroy and Emer son¶s study also showed
that ther e is no patter n between ethical attitudes when com par ed linearly to business cycles. Due
to the r ecent br eakdown of corr upt com panies such as Enron, WorldComm and Author
Ander sen, ethical attitudes cycle patter ns may mirror economical cycles. The thr eshold for
accepting diff er ent degr ees of corr upt behavior may intensif y or decline. In summar y, Amer ica¶s
thr eshold for accepting corr upt behavior is low. However as time heals all wounds, our toler ance
level as a society will incr ease allowing other cor por ations to follow the same path as Enron.
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One positive outcome evolved from this misfor tune. The commencement of Sarbanes-
Oxley Law. This law r equir es CEOs and CFOs of cor por ations to per sonally validate the
authenticity of their f inancial statements. For any f allacious act committed to misr epr esent their
cor por ation¶s f inancial well being, CEOs and CFOs will be held accounta ble civically and
cr iminally.
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Works Cited
³Andr ew S. Fastow.´ Biogr aphy Resource Center Online. Gale Group, 2002. Reproduced in Biogr aphy Resource Center. Farmington Hills, Mich.: Gale, 2010.<http://galenet.galegroup.com.r u by2.uhv.edu/ser vlet/BioR C>.
Conroy, Stephen J., and Tisha L. N. Emer son. "Ethical Cycles and Tr ends: Evidence andIm plications." Jour nal of Business Ethics. 81.4 (2008): 905-911. Business Source Com plete. EBSCO. We b. 3 May 2010. http://search e bscohost.com.r u by2.uhv.edu/login.aspx?dir ect=tr ue&db= bth&AN=33281746&site= bsi-live&sco pe=site>.
"Cor por ate Over view for Enron Cr editor s Recover y Cor p." (2010): OneSource. Univer sity of Houston - Victor ia Li br ar y, 3 May. 2010. <http://www.globalbb.onesource.com>.
³Enron¶s Collapse: The Fall Of A Wall Str eet Darling´. Sea bur y, Chr is. Investo pedia, 2009 AForbes Digital Com pany, <http://www.investo pedia.com/ar ticles//stock s/09/enron-
collapse.asp >.
³Examining Enron: Develo pments Regarding Electr icity Pr ice Manipulation In Califor nia.´(15May 2002): OneSource. Univer sity of Houston ± Victor ia Li br ar y. 3 May 2010. <http:www.blobalb.onesource.com>.
"FR EEDONIA FOCUS ON Natur al Gas." The Fr eedonia Group, Inc. (2009): 1-19. OneSource.Univer sity of Houston - Victor ia Li br ar y, 3 May. 2010. <http://globalbb.onesource.com>.
³Jeffr ey K. Sk illing.´ Biogr aphy Resource Center Online. Gale Group, 2001. Reproduced in Biogr aphy Resource Center. Farmington Hills, Mich.: Gale, 2010.<http://galenet.galegroup.com.r u by2.uhv.edu/ser vlet/BioR C>.
³K en Lay´. Inter national Dir ector y of Business Biogr aphies, 4 vols. St James Pr ess, 2005.Reproduced in Biogr aphy Resource Center Online. Farming Hills, Mich.: Gale, 2010.<http;//galent.galegroup.com.r u by2.uhv.edu/ser vlet/BioR C>.
Leo pold , Hason. "Geor ge W. Bush and K enneth Lay." Tr uthout Repor t (2006): 1-7. 3 May 2010. <http://tr uthout.or g/ar ticle/geor ge-w-bush-and-k enneth-lay>.
³Mark-To-Mark et Mayhem´. Elmerr aji, Jonas, Investo pedia, 2008 A Forbes Digital Com pany, <http://investo pedia.com/ar ticles/f inancial-theor y/08/mark-to-mark et-mayhem.asp>.
McLean, Bethany. "Why Enron Went Bust." Fr ee Repu blic (2001): 1-15. 3 May 2010.<http://fr eer epu blic.com/focus/f-news/595507/ posts>.
Slocum, Tyson. "Blind Faith: How Der egulation and Enron's Influence Over Gover nment LootedBillions from Amer icans." Pu blic Citizen. (2001): 1-29. <http://www.e bscohost.com>.
8/6/2019 Enron Corruption at Its Best
http://slidepdf.com/reader/full/enron-corruption-at-its-best 18/18
Rajpute Page 18
Schuler , Psy. D., A.J. "Does Cor por ate Cultur e Matter ? The Case of Enron." Schuler Solutions, Inc. (2002): 1-3. 10 May 2010. http://www.schuler solutions.com/enron_s_ cor por ation _ cultur e.
Thomas, C. William. "The Rise and Fall of Enron. When a com pany look s too good to be tr ue, it
usually is." Jour nal of Accountancy (2002): 1-11. 3 May 2010. <http:// jour nalof accountancy.com/Issues /2002/A pr il/TheRiseAndFallOfEnron.htm>.
Wayne, Leslie. "ENR ON'S MANY STR ANDS: The Politics; Enron, Pr eaching Der egulation, Work ed the Statehouse Circuit." New York Times 9 Fe br uar y 2002:1-3. OneSource.Univer sity of Houston ± Victor ia Li br ar y. 5 May 2010 http://www.nytimes.com/2002/02/09 /business/enron-s-many-str ands- politics-enron- pr eaching-der egulation-work ed-the-statehouse-circuit.asp>.
Wik ipedia Contr i butor s. "Enron scandal." Wik ipedia, The Fr ee Encyclo pedia, 4 May. 2010.We b. 8 May. 2010. <http://en.wik ipedia.or g>.