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

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y a total <strong>of</strong> $1 billion in the unaudited financial statements <strong>of</strong> <strong>Enron</strong> at March 31 and June 30,<br />

2001."<br />

495. In mid-9/01, <strong>Enron</strong> terminated the Raptors, paying LJM2 approximately $35 million.<br />

<strong>The</strong> returns to LJM2 were not for a risk taken, but rather for a service provided: LJM2 lent its name<br />

to a vehicle by which <strong>Enron</strong> could circumvent GAAP. <strong>The</strong> losses <strong>Enron</strong> incurred on its merchant<br />

investments were not hedged in any accepted sense <strong>of</strong> that term. <strong>The</strong> losses were merely moved<br />

from <strong>Enron</strong>'s income statement to the equity section <strong>of</strong> its balance sheet. As a practical matter,<br />

<strong>Enron</strong> was hedging with itself.<br />

(3) Other SPEs Used by <strong>Enron</strong> to Conceal Debt<br />

496. <strong>Enron</strong> also concealed, with the help <strong>of</strong> its lawyers and the banking defendants,<br />

billions <strong>of</strong> dollars more in debt by using other SPEs.<br />

(a) Firefly. Firefly was used in 98 and 99 to acquire the Elektro utility in Brazil.<br />

See 605-606. JP Morgan had loaned approximately $1.25 billion to <strong>Enron</strong> for this purchase. This<br />

debt would have hurt <strong>Enron</strong>'s credit ratings, so <strong>Enron</strong> worked discreetly with CS First Boston to<br />

structure the Firefly SPE, by which <strong>Enron</strong> moved $435 million in debt <strong>of</strong>f its balance sheet.<br />

(b) JV-Company. JV Co. was an SPE formed to monetize a 4thQ 99 energy<br />

service outsourcing transaction with Owens - Illinois. JV Co. became the service provider and <strong>Enron</strong><br />

(EES) became the guarantor. <strong>Enron</strong> was then able to recognize $10.3 million in 4thQ earnings from<br />

the transaction and move $24 million in capital expenditures <strong>of</strong>f <strong>of</strong> its books.<br />

(4) Osprey Trust and Marlin Trust<br />

497. <strong>Enron</strong> also manipulated its results by treating transfers <strong>of</strong> assets to a related entity as<br />

sales rather than as loans, including energy related projects and dark-fiber broadband. Osprey and<br />

Marlin were structured transactions which helped <strong>Enron</strong> keep debt <strong>of</strong>f its books. <strong>The</strong>se deals had<br />

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