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

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annually by independent accountants, auditors have been the investing public's watch dog. Indeed<br />

the United States Supreme Court affirmed that responsibility:<br />

By certifying the public reports that collectively depict a corporation's financial<br />

status, the independent auditor assumes a public responsibility transcending any<br />

employment relationship with the client. <strong>The</strong> independent public accountant<br />

performing this special function owes ultimate allegiance to the corporation's<br />

creditors and stockholders, as well as to the investing public. This "public watchdog"<br />

function demands that the accountant maintain total independence from the client at<br />

all times and requires complete fidelity to the public trust.<br />

United States v. Arthur Young & Co., 465 U.S. 805, 817-18 (1984). Andersen however, turned its<br />

back on its responsibilities to <strong>Enron</strong>'s investors and the investing public, and abandoned its<br />

pr<strong>of</strong>essional standards by helping <strong>Enron</strong> perpetrate the massive accounting fraud as alleged herein.<br />

899. Andersen falsely represented that <strong>Enron</strong>'s financial statements for 97, 98, 99 and 00<br />

were presented in accordance with GAAP and that Andersen's audits <strong>of</strong> <strong>Enron</strong>'s financial statements<br />

had been performed in accordance with Generally Accepted Auditing Standards ("GAAS").<br />

Andersen also consented to the incorporation <strong>of</strong> its reports on <strong>Enron</strong>'s financial statements in <strong>Enron</strong>'s<br />

Form 10-Ks for those years and in <strong>Enron</strong>'s Registration Statements for the Company's: (i) registration<br />

<strong>of</strong> $1 billion in <strong>Enron</strong> Debt Securities, Warrants, Preferred Stock and Depository Shares filed on<br />

12/17/97; (ii) registration <strong>of</strong> 488,566 shares <strong>of</strong> common stock filed on 1/12/98; (iii) registration <strong>of</strong><br />

34.5 million shares <strong>of</strong> common stock filed on 4/21/98; (iv) registration <strong>of</strong> $1 billion in <strong>Enron</strong> Debt<br />

Securities, Warrants, Preferred Stock and Depository Shares filed on 1/12/99; (v) registration <strong>of</strong> 7.6<br />

million shares <strong>of</strong> common stock filed on 4/5/99; (vi) registration <strong>of</strong> ten million Exchangeable Notes<br />

filed on 7/23/99; (vii) registration <strong>of</strong> 4.9 million shares <strong>of</strong> common stock filed on 4/4/00; (viii)<br />

registration <strong>of</strong> 616,778 shares <strong>of</strong> common stock on 6/15/00; (ix) registration <strong>of</strong> $1 billion in <strong>Enron</strong><br />

Debt Securities, Warrants, Preferred Stock and Depository Shares filed on 7/19/00; and<br />

(x) registration <strong>of</strong> $1.9 billion in Zero Coupon Convertible Senior Notes due 2021 filed on 6/1/01.<br />

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