The Sarbanes-Oxley Act of 2002
The Sarbanes-Oxley Act of 2002
The Sarbanes-Oxley Act of 2002
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assets in <strong>The</strong> Philippines, Australia, Guatemala, Germany, France, India, Argentina, the<br />
Caribbean, China, England, Colombia, Turkey, Bolivia, Brazil, Indonesia, Norway,<br />
Poland, and Japan. <strong>The</strong> division was becoming a large share <strong>of</strong> earnings for Enron,<br />
contributing 25% <strong>of</strong> earnings in 1996. Mark and EI believed the water industry was the<br />
next market to be deregulated by authorities and seeing the potential, searched for<br />
ways to enter the market, similar to PGE.<br />
In 1998, Enron International acquired Wessex Water for $2.88 billion. Wessex Water<br />
became the core asset <strong>of</strong> a new company, Azurix, which expanded to other water<br />
companies. After Azurix's promising IPO in June 1999, Enron "sucked out over $1<br />
billion in cash while loading it up with debt," according to Bethany McLean and Peter<br />
Elkind, authors <strong>of</strong> <strong>The</strong> Smartest Guys in the Room: <strong>The</strong> Amazing Rise and Scandalous<br />
Fall <strong>of</strong> Enron. Additionally, British water regulators required Wessex to cut its rates by<br />
12% starting in April 2000, and an upgrade was required <strong>of</strong> the utility's aging<br />
infrastructure, estimated at costing over a billion dollars. By the end <strong>of</strong> 2000 Azurix had<br />
an operating pr<strong>of</strong>it <strong>of</strong> less than $100 million and was $2 billion in debt. In August 2000,<br />
after Azurix stock took a plunge following its earnings report, Mark resigned from Azurix<br />
and Enron. Azurix assets, including Wessex, were eventually sold by Enron.<br />
Misleading Financial Accounts<br />
In 1990, Enron's Chief Operating Officer Jeffrey Skilling hired Andrew Fastow, who was<br />
well acquainted with the burgeoning deregulated energy market that Skilling wanted to<br />
exploit. In 1993, Fastow began establishing numerous limited liability special purpose<br />
entities (a common business practice in the energy industry); however, it also allowed<br />
Enron to transfer liability so that it would not appear in its accounts, allowing it to<br />
maintain a robust and generally increasing stock price and thus keeping its critical<br />
investment grade credit ratings.<br />
Enron was originally involved in transmitting and distributing electricity and natural gas<br />
throughout the United States. <strong>The</strong> company developed, built, and operated power<br />
plants and pipelines while dealing with rules <strong>of</strong> law and other infrastructures worldwide.<br />
Enron owned a large network <strong>of</strong> natural gas pipelines, which stretched coast to coast<br />
and border to border including Northern Natural Gas, Florida Gas Transmission,<br />
Transwestern Pipeline company and a partnership in Northern Border Pipeline from<br />
Canada. <strong>The</strong> states <strong>of</strong> California, New Hampshire, and Rhode Island had already<br />
passed power deregulation laws by July 1996, the time <strong>of</strong> Enron's proposal to acquire<br />
Portland General Electric corporation. During 1998, Enron began operations in the<br />
water sector, creating the Azurix Corporation, which it part-floated on the New York<br />
Stock Exchange during June 1999. Azurix failed to become successful in the water<br />
utility market, and one <strong>of</strong> its major concessions, in Buenos Aires, was a large-scale<br />
money-loser.<br />
Enron grew wealthy due largely to marketing, promoting power, and its high stock price.<br />
Enron was named "America's Most Innovative Company" by the magazine Fortune for<br />
six consecutive years, from 1996 to 2001. It was on the Fortune's "100 Best Companies<br />
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