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

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million up-front cash just to sign the contract. Even though <strong>Enron</strong> claimed the Lilly deal was a<br />

$1.3 billion deal, it was actually only worth $267 million because <strong>Enron</strong> did not disclose that to win<br />

the Lilly contract it had to invest $168 million up-front, and was, in fact, a contract on which <strong>Enron</strong><br />

would suffer a loss.<br />

(h) <strong>The</strong> purported prospects for, and actual success <strong>of</strong>, <strong>Enron</strong>'s EBS division was<br />

grossly overstated. First, <strong>Enron</strong>'s broadband network – the so-called <strong>Enron</strong> Intelligent Network or<br />

EIN – was plagued by serious and persistent technical difficulties, which prevented it from providing<br />

the type <strong>of</strong> high-speed and high-quality transmission that was indispensable to any hope <strong>of</strong><br />

commercial success. Second, <strong>Enron</strong> was encountering significant difficulties in completing the<br />

build-out <strong>of</strong> its broadband network and, as a result, did not have currently, and would not have at any<br />

reasonable time in the foreseeable future, a functioning broadband network. For instance, the EIN<br />

– the core <strong>of</strong> the <strong>Enron</strong> Broadband Operating System ("BOS") – was doomed to failure due to<br />

numerous intractable problems:<br />

• For EIN to work, <strong>Enron</strong> had to build 20 pooling points internationally and 30 in the<br />

U.S. Measuring data flow at the pooling points required something known as<br />

inter-agent messaging and InterAgent – the s<strong>of</strong>tware that was to make the intelligent<br />

network operational – became the core <strong>of</strong> EIN. But InterAgent had to "speak" to<br />

hardware from various different manufacturers, such as Cisco and Sun, which it<br />

could not do. Since InterAgent failed, EIN would fail as well.<br />

• To create InterAgent, <strong>Enron</strong> had acquired a company called Modulus. From the<br />

outset there was no way Modulus could create a viable InterAgent program because<br />

it was simply too small (three employees) to undertake a project <strong>of</strong> such magnitude.<br />

By spring 99, the development <strong>of</strong> the EIN had "deteriorated into chaos." <strong>The</strong><br />

problems in building the EIN did not improve during 99. By 10/99, EBS was "in<br />

crisis mode," and Rice, CEO <strong>of</strong> EBS, realized that EIN was a disastrous failure.<br />

• In fact, "EBS did not have a single real customer in 1999."<br />

• While <strong>Enron</strong> extolled the number <strong>of</strong> orders and users it had for its network, the truth<br />

was that "the sales staff could not sell what the engineers could not build, and the<br />

engineers could not build what the sales staff had promised." Consequently, a<br />

"blend-and-extend" trick was introduced. EBS sales representatives were told to sell<br />

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