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Enron Corp. - University of California | Office of The President

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CLASS PERIOD EVENTS AND FALSE STATEMENTS<br />

121. On 10/19/98 (the beginning <strong>of</strong> the Federal Class Period), the statements pleaded in<br />

109-120 were alive, impacting and inflating the market price <strong>of</strong> <strong>Enron</strong>'s publicly traded securities.<br />

Each <strong>of</strong> the statements made between 7/14/98-10/14/98 were false or misleading when issued. <strong>The</strong><br />

true but concealed facts were:<br />

(a) <strong>Enron</strong>'s financial statements and results issued during this period were false<br />

and misleading as they inflated <strong>Enron</strong>'s revenues and earnings to conceal billions <strong>of</strong> dollars <strong>of</strong> debt<br />

that should have been shown on <strong>Enron</strong>'s balance sheet, as described in 418-611.<br />

(b) Contrary to the representations that <strong>Enron</strong>'s transactions with its related parties<br />

were fair to <strong>Enron</strong> and on terms representative <strong>of</strong> those that could be obtained in arm's-length<br />

transactions with independent third parties, in fact, the transactions with <strong>Enron</strong>'s related parties were<br />

grossly unfair to <strong>Enron</strong> and set up in a manner to permit <strong>Enron</strong> to pay <strong>of</strong>f key <strong>Enron</strong> insiders,<br />

including Fastow, for their participation in the scheme, which included arranging the illicit and<br />

illegal financial transactions with those related parties on terms that no independent third party would<br />

ever have agreed to, as detailed herein.<br />

(c) <strong>Enron</strong>'s financial condition, including its liquidity and credit standing, was not<br />

nearly as strong as represented, as <strong>Enron</strong> was concealing billions <strong>of</strong> dollars <strong>of</strong> debt that should have<br />

been reported on its balance sheet – and which would have very negatively affected its credit rating,<br />

financial condition and liquidity – by improperly transferring that debt to the balance sheets <strong>of</strong><br />

various non-qualifying SPEs and partnerships it secretly controlled, as detailed herein.<br />

(d) <strong>Enron</strong> generated hundreds <strong>of</strong> millions <strong>of</strong> dollars <strong>of</strong> pr<strong>of</strong>its and transferred<br />

billions <strong>of</strong> dollars <strong>of</strong> debt <strong>of</strong>f its balance sheet by entering into non-arm's-length transactions with<br />

SPEs and partnerships <strong>Enron</strong> controlled, including Chewco/JEDI, for which <strong>Enron</strong> had guaranteed<br />

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