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

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What made it all work, Dickson said, was a form <strong>of</strong> accounting in which<br />

the company counted future projected earnings as current income. "It as huge<br />

amounts <strong>of</strong> money that covered up those cash outlays," he said.<br />

543. <strong>Enron</strong> had no legitimate basis for the $44 million figure and the assumptions used to<br />

arrive at that figure were not supportable. Indeed, the projected savings promised to customers,<br />

along with EES's pr<strong>of</strong>its based on estimated savings, were not being realized. However, because<br />

these deals were commoditized, utilizing unrealistic projections and accounted for by inappropriately<br />

using mark-to-market, <strong>Enron</strong> was able to improperly book huge, illusory pr<strong>of</strong>its up-front on the Lilly<br />

contract and many other EES deals.<br />

544. Additional ESS contracts that improperly accelerated revenue include the <strong>Enron</strong> DSM<br />

contract with J.C. Penney, that had losses <strong>of</strong> $60 million, the IBM deal, which was a significant loss<br />

for <strong>Enron</strong> from the outset, and the CitiGroup contract, which was known at its inception to cost<br />

<strong>Enron</strong> millions in losses. Additionally, in a 4thQ 99 EES deal with Owens Illinois, EES recognized<br />

a multi-million dollar pr<strong>of</strong>it when the deal closed, even though it was known this deal would lose<br />

money for EES. In fact, it is impractical or impossible for <strong>Enron</strong> to estimate pr<strong>of</strong>itability on energy<br />

contracts extending beyond four years because <strong>of</strong> the variability in all the factors related to these<br />

contracts. However, this variability is what allowed <strong>Enron</strong> to manipulate their assumptions to<br />

achieve a predetermined, but unreachable pr<strong>of</strong>it level and then record the associated and equally<br />

unreasonable revenues by improperly employing mark-to-market accounting.<br />

545. <strong>Enron</strong> violated GAAP by improperly recognizing revenues up-front on EES contracts<br />

when among other things, it had no historical basis that would allow it to make reasonable estimates<br />

<strong>of</strong> future income streams and the contracts were highly speculative, with indeterminate outcomes.<br />

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