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

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Automated Quotations system or by the National Quotations Bureau. Restricted stock does not meet<br />

this definition.<br />

554. <strong>Enron</strong> falsely recorded its Merchant Assets as if they all had readily determinable<br />

values. This was not the case. For example, an internal report called "<strong>Enron</strong> Net Works Investment<br />

Table" lists, among other things, the following investments:<br />

Name <strong>of</strong> Company Comments Stock Restrictions<br />

Acta Technology, Inc Not publicly traded Restricted securities<br />

Financial Settlement<br />

Matrix.com<br />

PentaSafe Security<br />

Technologies, Inc.<br />

Not publicly traded Restricted securities<br />

Not publicly traded Restricted securities<br />

Solo Energy <strong>Corp</strong>oration Not publicly traded Restricted stock<br />

555. Indeed, none <strong>of</strong> the above had readily determinable values as defined under SFAS No.<br />

115. <strong>The</strong>refore, <strong>Enron</strong>'s investments with changes in fair value should have been recognized as<br />

unrealized gains and losses and reported net <strong>of</strong> applicable income taxes in a separate component <strong>of</strong><br />

stockholders' equity and not current earnings.<br />

556. <strong>Enron</strong> also improperly valued its Merchant Assets. In order to meet earnings<br />

expectations <strong>Enron</strong> would: (1) manipulate the original assumptions; (2) utilize inconsistent<br />

valuation approaches; or (3) establish arbitrary milestones. Indeed, CFOs from each <strong>of</strong> the <strong>Enron</strong><br />

cells, (<strong>Enron</strong> North America had approximately 100 cells), would receive a report indicating the<br />

mark-to-market values <strong>of</strong> their respective Merchant Assets. Each cell was expected to contribute to<br />

<strong>Enron</strong>'s earnings. If there was an earnings shortfall, the team leader would have his or her team<br />

reassess its mark-to-market valuations in order to meet its required earnings contribution.<br />

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