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.

LJM1 and LJM2 in transactions structured, reviewed and approved by Andersen, Vinson & Elkins<br />

and certain <strong>of</strong> <strong>Enron</strong>'s banks. <strong>The</strong> transactions permitted <strong>Enron</strong> to conceal its true debt levels by<br />

removing the assets from <strong>Enron</strong>'s balance sheet and, at the same time, record large gains.<br />

However, (i) as it had agreed in advance it would do, <strong>Enron</strong> bought back five <strong>of</strong> the seven assets<br />

after the close <strong>of</strong> the financial reporting period; (ii) the LJM partnerships made large pr<strong>of</strong>its on<br />

every transaction, even when the asset they had purchased actually declined in market value; and<br />

(iii) those transactions generated "earnings" for <strong>Enron</strong> <strong>of</strong> $229 million in the second half <strong>of</strong> 99<br />

out <strong>of</strong> total earnings for that period <strong>of</strong> $549 million. In three <strong>of</strong> these transactions where <strong>Enron</strong><br />

ultimately bought back LJM's interest, <strong>Enron</strong> had agreed in advance to protect the LJM<br />

partnerships against any loss. Thus, the LJM partnerships functioned only as vehicles to<br />

accommodate defendants in the manipulation, falsification and artificial inflation <strong>of</strong> <strong>Enron</strong>'s<br />

reported financial results, while enriching the LJM investors.<br />

33. One "hedging" transaction with LJM1 in 6/99 involved Rhythms NetConnections<br />

("Rhythms") stock owned by <strong>Enron</strong>, to "hedge" <strong>Enron</strong>'s huge gains in Rhythms stock and enable<br />

<strong>Enron</strong> to create a huge pr<strong>of</strong>it. <strong>Enron</strong> transferred its own stock to the SPE in exchange for a note.<br />

But if the SPE were required to pay <strong>Enron</strong> on the "hedge," the <strong>Enron</strong> stock would be the source<br />

<strong>of</strong> payment. Other "hedging" transactions occurred in 00 and 01 and involved SPEs known as<br />

the "Raptor" vehicles. <strong>The</strong>se were also structures, funded principally with <strong>Enron</strong>'s own stock,<br />

that were intended to "hedge" against declines in the value <strong>of</strong> certain <strong>of</strong> <strong>Enron</strong>'s merchant<br />

investments. <strong>The</strong>se transactions were not economic hedges. <strong>The</strong>y actually were manipulative<br />

devices devised to circumvent accounting rules. <strong>The</strong> economic reality was that <strong>Enron</strong> never<br />

escaped the risk <strong>of</strong> loss, because it had provided the bulk <strong>of</strong> the capital with which the SPEs would<br />

pay <strong>Enron</strong>. <strong>The</strong> <strong>Enron</strong> Defendants, Andersen, Vinson & Elkins and <strong>Enron</strong>'s banks used these<br />

contrivances and manipulative devices to inflate <strong>Enron</strong>'s reported financial results. In 99, <strong>Enron</strong><br />

- 26 -

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

Saved successfully!

Ooh no, something went wrong!