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

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e accelerated and the <strong>Enron</strong> scheme would immediately collapse. So, in late 11/01, Robert Rubin,<br />

the Vice Chairman <strong>of</strong> CitiGroup, and William Harrison, the Chairman <strong>of</strong> JP Morgan, called Moody's<br />

– a key rating agency – and pressured Moody's to keep <strong>Enron</strong>'s investment grade credit rating in<br />

place until they had completed the sale <strong>of</strong> <strong>Enron</strong> to Dynegy.<br />

66. Rubin's and Harrison's effort to strong-arm Moody's failed. Despite the efforts <strong>of</strong><br />

<strong>Enron</strong>, JP Morgan and CitiGroup to conceal <strong>Enron</strong>'s true financial condition from Dynegy and get<br />

Dynegy to agree to acquire <strong>Enron</strong>, the due diligence efforts <strong>of</strong> Dynegy and its investment bankers<br />

uncovered that the true financial condition <strong>of</strong> <strong>Enron</strong> was far worse than had ever been disclosed<br />

publicly to date and that <strong>Enron</strong> had been engaged in a wide-ranging falsification <strong>of</strong> its financial<br />

statements over the several prior years. Thus, Dynegy refused to acquire <strong>Enron</strong> and <strong>Enron</strong> went<br />

bankrupt. By 11/28/01, the charade could be continued no longer and <strong>Enron</strong>'s publicly traded debt<br />

had been downgraded to "junk" status by the rating agencies, and on 12/2/01, <strong>Enron</strong> filed for<br />

bankruptcy – the largest bankruptcy in history. <strong>Enron</strong>'s common and preferred stock have become<br />

virtually worthless and its publicly traded debt securities have suffered massive price declines,<br />

inflicting billions <strong>of</strong> dollars <strong>of</strong> losses on purchasers <strong>of</strong> those securities.<br />

67. While <strong>Enron</strong>'s publicly filed reports disclosed the existence <strong>of</strong> the LJM partnerships,<br />

these disclosures did not reveal the essence <strong>of</strong> the transactions completely or clearly, and failed<br />

to convey the substance <strong>of</strong> what was going on between <strong>Enron</strong> and the partnerships. <strong>The</strong><br />

disclosures also did not fully disclose the nature or extent <strong>of</strong> Fastow's financial interest in the<br />

LJM partnerships. This was the result <strong>of</strong> an effort to avoid disclosing Fastow's financial interest<br />

and to downplay the significance <strong>of</strong> the related-party transactions and to disguise their substance<br />

and import. <strong>The</strong> disclosures also represented that the related-party transactions were reasonable<br />

compared to transactions with third parties when, in fact, they were not. <strong>The</strong>se misleading<br />

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