09.02.2013 Views

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

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

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Andersen also consented to the use <strong>of</strong> its name as an expert in each Prospectus filed and issued<br />

pursuant to these <strong>of</strong>ferings, including the Prospectus for the Zero Coupon Notes filed on 7/25/01.<br />

Andersen's issuance <strong>of</strong>, and multiple consents to reissue materially false reports on <strong>Enron</strong>'s 97-00<br />

financial statements were themselves violations <strong>of</strong> GAAS.<br />

900. <strong>The</strong> SEC has stressed the importance <strong>of</strong> meaningful audits being performed by<br />

independent accountants:<br />

[T]he capital formation process depends in large part on the confidence <strong>of</strong> investors<br />

in financial reporting. An investor's willingness to commit his capital to an<br />

impersonal market is dependent on the availability <strong>of</strong> accurate, material and timely<br />

information regarding the corporations in which he has invested or proposes to<br />

invest. <strong>The</strong> quality <strong>of</strong> information disseminated in the securities markets and the<br />

continuing conviction <strong>of</strong> individual investors that such information is reliable are<br />

thus key to the formation and effective allocation <strong>of</strong> capital. Accordingly, the audit<br />

function must be meaningfully performed and the accountants' independence not<br />

compromised.<br />

Relationship Between Registrants and Independent Accountants, SEC Accounting Series Release<br />

No. 296, 1981 SEC LEXIS 858, at *8-*9 (Aug. 20, 1981).<br />

901. Moreover, Andersen violated the public's trust and violated the American Institute<br />

<strong>of</strong> Certified Public Accountants ("AICPA's") Code <strong>of</strong> Pr<strong>of</strong>essional Ethics:<br />

ET §51<br />

.02 <strong>The</strong>se Principles <strong>of</strong> the Code <strong>of</strong> Pr<strong>of</strong>essional Conduct <strong>of</strong> the American<br />

Institute <strong>of</strong> Certified Public Accountants express the pr<strong>of</strong>ession's recognition <strong>of</strong> its<br />

responsibilities to the public, to clients, and to colleagues. <strong>The</strong>y guide members in<br />

the performance <strong>of</strong> their pr<strong>of</strong>essional responsibilities and express the basic tenets <strong>of</strong><br />

ethical and pr<strong>of</strong>essional conduct. <strong>The</strong> Principles call for an unswerving<br />

commitment to honorable behavior, even at the sacrifice <strong>of</strong> personal advantage.<br />

ET §53<br />

.03 Those who rely on certified public accountants expect them to<br />

discharge their responsibilities with integrity, objectivity, due pr<strong>of</strong>essional care,<br />

and a genuine interest in serving the public.<br />

- 580 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!