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

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the Raptor SPEs, which would have been catastrophic and exposed the scheme. Rather than take<br />

that loss and face these consequences, <strong>Enron</strong>, Andersen, Vinson & Elkins and certain <strong>of</strong> <strong>Enron</strong>'s<br />

banks "restructured" the Raptor vehicles by transferring more than $800 million <strong>of</strong> contracts to<br />

receive <strong>Enron</strong>'s own stock to them just before quarter-end. This was a transfer <strong>of</strong> huge value for<br />

no consideration and was accounted for as increases to equity and to assets in violation <strong>of</strong> GAAP.<br />

It also permitted the participants in the scheme to continue the concealment <strong>of</strong> the substantial<br />

losses in <strong>Enron</strong>'s merchant investments, keep billions <strong>of</strong> dollars <strong>of</strong> debt <strong>of</strong>f <strong>Enron</strong>'s balance sheet<br />

and allowed the <strong>Enron</strong> Ponzi scheme to continue.<br />

54. During early 01, <strong>Enron</strong> continued to report record results (certified by Andersen) and<br />

with its lawyers and bankers made very positive statements:<br />

• <strong>Enron</strong>'s strong results reflected breakout performance in all business units. <strong>Enron</strong><br />

was a strong unified business.<br />

• WEOS had strong growth and a tremendous market franchise with significant<br />

sustainable competitive advantages.<br />

• EBS intermediation was great. Broadband glut and lowered prices would help<br />

<strong>Enron</strong>.<br />

• VOD was successfully tested and launched. Proven technology created enormous<br />

opportunities.<br />

• All <strong>of</strong> <strong>Enron</strong>'s businesses were generating high levels <strong>of</strong> earnings. Fundamentals<br />

were improving. <strong>Enron</strong> was very optimistic. <strong>Enron</strong> was confident growth was<br />

sustainable for years to come.<br />

N. <strong>The</strong> Impending Collapse<br />

55. By the Summer <strong>of</strong> 01, <strong>Enron</strong>'s top insiders realized that <strong>Enron</strong> would not be able to<br />

continue to sustain the illusion <strong>of</strong> strong pr<strong>of</strong>itable growth much longer and that it would have to<br />

take large write-<strong>of</strong>fs in the second half <strong>of</strong> 01 that, in turn, could result in a downgrade <strong>of</strong> <strong>Enron</strong>'s<br />

critical investment-grade credit rating – an event that they knew would mean that debt on the books<br />

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