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

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

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

could 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 />

not have the legal right to electronically distribute movie content – the indispensable element <strong>of</strong> a<br />

successful broadband based VOD system – in cable-quality digital format. Second, due to technical<br />

problems with its broadband network, <strong>Enron</strong> could not transmit movies or other content with<br />

sufficient quality or speed to permit the VOD system to ever succeed. Notwithstanding these<br />

substantial defects – plus gross abuse <strong>of</strong> mark-to-market accounting – <strong>Enron</strong> discounted and<br />

recognized a wholly unrealistic projection <strong>of</strong> revenue over the entire 20-year life <strong>of</strong> the Blockbuster<br />

VOD venture into current periods, <strong>of</strong>fset it by unrealistically low expense estimates, and failed to<br />

take any proper reserve for uncertainty <strong>of</strong> outcome or collectability. Consequently, <strong>Enron</strong> secretly<br />

recognized over $11 million <strong>of</strong> pr<strong>of</strong>its in the 4thQ 00 and the 1stQ 01 – two-thirds <strong>of</strong> the earnings<br />

claimed by EBS in those two periods – in one <strong>of</strong> the largest one-time and upward manipulations <strong>of</strong><br />

<strong>Enron</strong>'s financial statements. Specifically, in 00, EBS executives were desperate because they were<br />

not generating any revenue, which was the catalyst behind the deal with Blockbuster. But an EBS<br />

director <strong>of</strong> engineering stated: "Flat out, we didn't have the technology to do it, and we didn't have<br />

the expertise. It was a deal EBS executives entered into with Blockbuster with no capacity to do<br />

it." A former EBS employee, who worked directly on the Blockbuster deal in multiple capacities,<br />

including product development, financial analysis, and content distribution, stated: "[T]he<br />

Blockbuster deal was a fraud, and <strong>Enron</strong>'s top management knew it." Employees working on the<br />

Blockbuster VOD deal were told time and again, after they stressed the deal's lack <strong>of</strong> economic<br />

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