09.02.2013 Views

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

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

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

stock, selling 1.1 million shares in 1/01-3/02/01, at as high as $82 per share, pocketing $82 million<br />

in illegal insider trading proceeds.<br />

300. Each <strong>of</strong> the statements made between 3/31/00 and 3/1/01 was false and misleading<br />

when 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 grossly<br />

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, including<br />

Fastow and certain favored investment banks and bankers, for their participation in the scheme,<br />

which included arranging the illicit and illegal financial transactions with those related parties on<br />

terms that no independent third party would 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 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 />

- 234 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!