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

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departments, knew about the excessive use <strong>of</strong> such entities and knew that no clear business<br />

justification existed for many <strong>of</strong> them. Other risk factors included:<br />

Risk factors relating to management's characteristics and influence over the<br />

control environment.<br />

– Management failing to correct known reportable conditions on a timely basis.<br />

– Management setting unduly aggressive financial targets and expectations for<br />

operating personnel.<br />

– A significant portion <strong>of</strong> management's compensation represented by bonuses,<br />

stock options, or other incentives, the value <strong>of</strong> which is contingent upon the<br />

entity achieving unduly aggressive targets for operating results, financial<br />

position, or cash flow.<br />

– An excessive interest by management in maintaining or increasing the entity's<br />

stock price or earnings trend through the use <strong>of</strong> unusually aggressive<br />

accounting practices.<br />

– A practice by management <strong>of</strong> committing to analysts, creditors, and other<br />

third parties to achieve what appear to be unduly aggressive or clearly<br />

unrealistic forecasts.<br />

AU §316.17(a).<br />

923. Andersen knew that <strong>Enron</strong> management had not only an "excessive interest" but a<br />

highly unusual interest in maintaining the Company's stock price. In fact, <strong>Enron</strong> was recognizing,<br />

with Andersen's knowledge, income from the inflation <strong>of</strong> its own stock price. <strong>Enron</strong>'s hedges were<br />

dependent on maintaining its stock price. Insider trading proceeds were a huge part <strong>of</strong> management's<br />

income. In addition, <strong>Enron</strong> executives received multi-millions <strong>of</strong> dollars in bonuses from hitting a<br />

series <strong>of</strong> stock-price targets based on a program known as the "Performance Unit Plan." Highly<br />

"aggressive targets" were the definition <strong>of</strong> <strong>Enron</strong>'s business and management practices. Andersen<br />

knew that <strong>Enron</strong> had failed to make some $51 million in proposed audit adjustments in 97 as alleged<br />

at 517. Other risk factors included:<br />

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