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

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deals was increasing. Management was well aware <strong>of</strong> how traders broke down the deals to better<br />

the numbers. Indeed, traders were instructed many times to manipulate the numbers <strong>of</strong> trades. And<br />

while this trade value never made sense, they were inflated since cash bonuses were paid based on<br />

the deal's size, not its viability or earnings: "It was very simple. You just tweaked the assumptions<br />

on different variables, which were changed to make the return higher."<br />

(n) <strong>Enron</strong> was abusing and misusing mark-to-market accounting with respect to<br />

its broadband intermediation activity, utilizing this accounting method – together with false<br />

assumptions <strong>of</strong> ultimate value – to create much higher current-period revenue and bottom-line results<br />

than were reasonable and attainable had proper accounting techniques been used. For instance:<br />

(i) One analyst-trader was told by VPs in his group to manipulate the<br />

assumption numbers so upper management would get bigger bonuses when the higher valued deals<br />

were closed. And when it started to look like a deal was about to unwind – becoming a true loss<br />

because the assumptions were never valid – <strong>Enron</strong> moved the earnings curves – "Shifting the curves<br />

and making new deals to bury the losses from the past was constantly the strategy"; and<br />

(ii) In fact, there were only about 20 actual broadband transactions or<br />

intermediations – all with tiny margins. And one <strong>of</strong> these deals was derived solely from a 10-year<br />

deal with Rice <strong>University</strong> to provide broadband services to Breiman <strong>University</strong>, a sister university<br />

in Germany. <strong>The</strong> deal called for Rice <strong>University</strong> to pay <strong>Enron</strong> the total over 10 years, but the<br />

Company recognized all <strong>of</strong> the revenue in the 2ndQ and 3rdQ 00. This deal would never have closed<br />

had not Lay donated $5 million for an endowment at Rice <strong>University</strong>. Moreover, Breiman could<br />

cancel the project and did so in early 01.<br />

(o) <strong>Enron</strong> grossly misrepresented and overstated the nature and potential<br />

favorable impact <strong>of</strong> the Blockbuster VOD joint venture as well as its success. First, Blockbuster did<br />

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