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

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797. Deutsche Bank also actively engaged and participated in the <strong>Enron</strong> fraudulent scheme<br />

by helping it structure and finance the critical LJM2 SPE. In this regard, Deutsche Bank executives<br />

were permitted to invest $10 million in LJM2 to facilitate the financing <strong>of</strong> that critical once very<br />

lucrative vehicle to reward Deutsche Bank for its participation in the scheme and put their money<br />

up early – on or about 12/22/99 – so LJM2 would have the cash to fund four SPEs to do deals with<br />

<strong>Enron</strong> at year-end 99 to create huge pr<strong>of</strong>its for <strong>Enron</strong> so it could meet its 99 pr<strong>of</strong>it forecasts.<br />

797.1 Deutsche Bank and its Bankers Trust division devised, structured and executed<br />

hundreds <strong>of</strong> millions <strong>of</strong> dollars in fraudulent tax schemes for <strong>Enron</strong> during the Class Period. And<br />

Deutsche Bank's false and misleading public statements concerning <strong>Enron</strong> were made with<br />

knowledge and/or reckless disregard for the true fact that <strong>Enron</strong>'s reported income was the result <strong>of</strong><br />

fraudulent transactions for which Deutsche Bank was responsible.<br />

797.2 Prior to and during the Class Period, <strong>Enron</strong>'s financial results were materially and<br />

artificially inflated by fraudulent tax schemes. A joint House <strong>of</strong> Representatives and Senate<br />

Committee found, among other things, that these fraudulent tax schemes resulted in <strong>Enron</strong> paying<br />

no federal income tax in 96, 97, 98, 99 and 01. <strong>Enron</strong> recognized phony income <strong>of</strong> at least $651<br />

million from tax schemes during 96-00 – approximately 20% <strong>of</strong> <strong>Enron</strong>'s earnings in those years. 17<br />

In total, these tax schemes resulted in benefits to <strong>Enron</strong> <strong>of</strong> over $2 billion from 96 forward.<br />

797.3 Senate Finance Committee Chairman Charles E. Grassley, Iowa Republican,<br />

commenting upon the Report <strong>of</strong> Investigation <strong>of</strong> <strong>Enron</strong> <strong>Corp</strong>oration and Related Entities Regarding<br />

Federal Tax and Compensation Issue, and Policy Recommendations (the "Joint Committee Report"),<br />

proclaimed that the tax and accounting scheme ought be viewed as a "shocking event in the history<br />

<strong>of</strong> American corporate tax policy and American corporate financial accounting." Senator<br />

17 <strong>Enron</strong>'s court appointed bankruptcy examiner, Neil Batson, estimates that <strong>Enron</strong> reported<br />

approximately $800 million in income from 95 through 9/01 as a result <strong>of</strong> fraudulent tax schemes.<br />

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