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.

million, giving LJM2 its specified return and permitting Porcupine to enter into a hedging transaction<br />

with <strong>Enron</strong>. <strong>Enron</strong> and Porcupine immediately executed a total return swap on 18 million shares <strong>of</strong><br />

New Power at $21 per share. As a result, <strong>Enron</strong> improperly recorded an accounting gain related to<br />

the Hawaii transactions <strong>of</strong> approximately $370 million in the 4thQ 00.<br />

(iv) Raptors Restructuring<br />

489. <strong>Enron</strong> manipulated its results as part <strong>of</strong> restructuring the Raptors such that it<br />

improperly recorded increases to its equity and assets rather than reversing income that had<br />

previously been recorded improperly. By 11/00, <strong>Enron</strong> had entered into derivative transactions with<br />

Raptors I, II and III with a notional value <strong>of</strong> over $1.5 billion. <strong>Enron</strong> internally calculated its net gain<br />

(and the Raptors' corresponding net loss) on these transactions to be slightly over $500 million.<br />

<strong>Enron</strong> could recognize these gains – <strong>of</strong>fsetting corresponding losses on the investments only if the<br />

Raptors had the capacity to make good on their debt to <strong>Enron</strong>. Since they did not, <strong>Enron</strong> was<br />

required to record a "credit reserve," reflecting a charge on its income statement. <strong>Enron</strong> improperly<br />

did not record the loss as it would defeat the very purpose <strong>of</strong> the Raptors, which was to shield<br />

<strong>Enron</strong>'s financial statements from reflecting the change in value <strong>of</strong> its merchant investments.<br />

490. In the 1stQ 00, the credit capacity <strong>of</strong> the Raptors continued to decline. To avoid<br />

taking the charge to reflect the $500 million credit reserve, defendants restructured the Raptors.<br />

During the 1stQ 01, Skilling told employees that fixing the Raptors' credit capacity problem was one<br />

<strong>of</strong> the Company's highest priorities.<br />

491. <strong>The</strong> restructuring transaction, which was made effective as <strong>of</strong> 3/26/01, consisted <strong>of</strong><br />

two principal parts: a cross-collateralization <strong>of</strong> the Raptors and an additional infusion <strong>of</strong> <strong>Enron</strong> stock<br />

contracts. <strong>The</strong> restructuring allowed <strong>Enron</strong> to record only a $36.6 million credit reserve loss for the<br />

1stQ 01, rather than the $504 million loss <strong>Enron</strong> was required to record pursuant to GAAP.<br />

- 350 -

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

Saved successfully!

Ooh no, something went wrong!