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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 />

Page 52 <strong>of</strong> 208

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