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

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to be utilized to engage in transactions with <strong>Enron</strong> where <strong>Enron</strong> insiders would be on both sides <strong>of</strong><br />

the transactions, the LJM2 partnership would be extremely lucrative – a deal that was virtually<br />

guaranteed to provide huge returns to LJM2's early investors as the <strong>Enron</strong> Ponzi scheme went<br />

forward. In fact, Fastow's dual role by which he could self-deal on behalf <strong>of</strong> the LJM2 partnership<br />

with <strong>Enron</strong>'s assets was so important that investors in LJM2 were assured that they did not have<br />

to make any additional capital contributions if Fastow's dual role ended.<br />

25. Because the LJM2 partnership was potentially so lucrative to investors in that private<br />

entity, <strong>Enron</strong>'s top insiders and Merrill Lynch decided that in funding LJM2, they would allow<br />

certain favored investment banks and high-level <strong>of</strong>ficers <strong>of</strong> those investment banks and other<br />

favored Merrill Lynch clients to invest in LJM2 because they knew the investment was virtually<br />

guaranteed to produce exceptional returns as the <strong>Enron</strong> Ponzi scheme continued. In fact, the<br />

<strong>of</strong>fering memorandum for the LJM2 partnership by which <strong>Enron</strong> and Merrill Lynch brought<br />

investors into the partnership – which was not a public document – contained an invitation to<br />

benefit from the insider self-dealing transactions that LJM2 would engage in. It stressed the<br />

"unusually attractive investment opportunity" resulting from LJM2's connection to <strong>Enron</strong>. It<br />

emphasized Fastow's position as <strong>Enron</strong>'s CFO, and that LJM2's day-to-day activities would be<br />

managed by <strong>Enron</strong> insiders Fastow, Kopper, and Ben Glisan, <strong>Enron</strong>'s Treasurer. It explained that<br />

"[t]he Partnership expects that <strong>Enron</strong> will be the Partnership's primary source <strong>of</strong> investment<br />

opportunities" and that it "expects to benefit from having the opportunity to invest in <strong>Enron</strong>-<br />

generated investment opportunities that would not be available otherwise to outside investors."<br />

It specifically noted that Fastow's "access to <strong>Enron</strong>'s information pertaining to potential<br />

investments will contribute to superior returns." In addition, investors were told that investors<br />

in a similar Fastow controlled partnership (JEDI) that had done deals with <strong>Enron</strong> like the ones<br />

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