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

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Communications Is Running Faster and Momentum Is Building<br />

• <strong>The</strong> network build is much accelerated from initial conversations we had with<br />

management just three months ago. We believe that <strong>Enron</strong> is on pace to build, swap<br />

into, or acquire at least 18,000 route miles by year-end 2000. More important, the<br />

network should reach 15 cities by year-end 1999 and 45 cities by year-end 2000.<br />

* * *<br />

• <strong>Enron</strong>'s bandwidth trading business, which focuses on pairing parties that<br />

have excess lit network capacity with parties that have a shortage (or temporary<br />

shortage) <strong>of</strong> lit network capacity, is developing at a much faster pace than<br />

expected....<br />

<strong>The</strong>re Are Several Implications from the Above Discussion<br />

• ... <strong>Enron</strong>'s efforts in telecom should be considered by investors to have large<br />

potential.... If <strong>Enron</strong> has proven anything during the past decade, it is that it is the<br />

master <strong>of</strong> risk management, capturing inefficiencies in volatile and developing<br />

markets by identifying arbitrage opportunities, and being first-to-market at just<br />

about everything it does.<br />

155. Each <strong>of</strong> the statements made between 10/21/98-7/6/99, were false or misleading when<br />

issued. <strong>The</strong> 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, earnings, assets, and equity and concealed billions<br />

<strong>of</strong> dollars <strong>of</strong> debt 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 third parties, in fact, the transactions with <strong>Enron</strong>'s related parties were unfair to<br />

<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, including Fastow, for<br />

their participation in the scheme, which included arranging the illicit and illegal financial<br />

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

agreed to, as detailed herein.<br />

- 152 -

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