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

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INVOLVEMENT OF VINSON & ELKINS<br />

800. <strong>The</strong> apparent complicity <strong>of</strong> Vinson & Elkins in the scheme to defraud <strong>Enron</strong> investors<br />

has received extensive media coverage.<br />

Vinson & Elkins may have to fight for its reputation because <strong>of</strong> its close ties to<br />

<strong>Enron</strong>, which has become embroiled in a financial scandal that has culminated in the<br />

nation's largest-ever bankruptcy filing.... [T]he <strong>Enron</strong> scandal is creeping into the<br />

vaunted halls <strong>of</strong> Vinson & Elkins.<br />

From a start in the early 1970s, <strong>Enron</strong> grew in importance on Vinson &<br />

Elkins's client list. By the late 1990s, as <strong>Enron</strong> muscled its way to an energy trading<br />

powerhouse, it became Vinson & Elkins's largest client, accounting for more than<br />

7 percent <strong>of</strong> the firm's revenues, and helping fuel growth in the firm's securities,<br />

corporate and project finance practices. <strong>The</strong> ties between the firm and <strong>Enron</strong> were<br />

close, and the link was cemented as about 20 Vinson & Elkins lawyers, including<br />

recently retired general counsel James V. Derrick, left the firm over the years and<br />

accepted jobs in <strong>Enron</strong>'s legal department.<br />

<strong>The</strong> Recorder, 3/14/02.<br />

Near the end <strong>of</strong> Sherron Watkins' extraordinary August memo to her boss,<br />

Kenneth Lay, outlining concerns about <strong>Enron</strong>'s accounting practices, she cautions<br />

against having the company's regular outside counsel Vinson & Elkins investigate<br />

the issues she raised.<br />

"Can't use V&E due to conflict," she wrote, "they provided some 'true sale'<br />

opinions on some <strong>of</strong> the deals."<br />

But <strong>Enron</strong> did tap Houston-based V&E to handle the investigation. <strong>The</strong><br />

result was a nine-page letter to <strong>Enron</strong>'s general counsel (and former V&E partner)<br />

James Derrick Jr., on Oct. 15 from partner Max Hendrick that, in effect, brushed<br />

Watkins' concerns aside....<br />

<strong>The</strong> letter is striking for the narrowness <strong>of</strong> the investigation, the key people<br />

who were not interviewed, and for the way in which it fails to fully probe<br />

bombshell allegations ....<br />

* * *<br />

If V&E downplayed the substance <strong>of</strong> Watkins' allegations, it clearly realized<br />

that <strong>Enron</strong>'s accounting might not stand up well to public scrutiny and could be<br />

portrayed very poorly in the press or in shareholder actions. V&E precisely identified<br />

the areas in which the company's accounting was most suspect, including the use <strong>of</strong><br />

<strong>Enron</strong> stock to capitalize the partnerships, and the recognition <strong>of</strong> earnings through<br />

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