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

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• Significant related-party transactions with LJM, including the materiality <strong>of</strong> such<br />

amounts to <strong>Enron</strong>'s income statement and the amount retained "<strong>of</strong>f balance sheet";<br />

• Fastow's conflicts <strong>of</strong> interest in his capacity as CFO and the LJM fund manager;<br />

• <strong>The</strong> amount that Fastow received for his services and participation in LJM;<br />

• <strong>The</strong> disclosures <strong>of</strong> transactions in the financial footnotes;<br />

• <strong>Enron</strong>'s mark-to-market earnings and the fact that it was "intelligent gambling";<br />

• <strong>Enron</strong>'s reliance on its current credit rating to maintain solvency; and<br />

• <strong>Enron</strong>'s aggressive transaction structuring.<br />

931. Despite Andersen's knowledge <strong>of</strong> these "red flags" regarding improper accounting,<br />

given the lucrative nature <strong>of</strong> the <strong>Enron</strong> engagement, Andersen decided to continue to keep <strong>Enron</strong> as<br />

a client, and, a few weeks later, issued a "clean" audit opinion on <strong>Enron</strong>'s 00 financial statements.<br />

932. On 3/4/01, just prior to being removed by Andersen management as the PSG advisor<br />

to the <strong>Enron</strong> audit team, Bass sent yet another e-mail to Stewart venting his opposition to <strong>Enron</strong>'s<br />

accounting for the Blockbuster and Raptor transactions, that together represented at least $150<br />

million in improperly recognized income or avoided losses at year-end 00.<br />

933. On 8/20/01, former Andersen accountant and current <strong>Enron</strong> Vice <strong>President</strong> Sherron<br />

Watkins made a phone call to an Andersen audit partner, James A. Hecker, and warned him about<br />

a series <strong>of</strong> improper accounting practices that had been ongoing at <strong>Enron</strong>. On 8/21, Hecker called<br />

an emergency meeting with other Andersen partners, including Duncan, Swanson, Cash and Odom,<br />

to discuss Watkins' questions and concerns about "the propriety <strong>of</strong> accounting for certain related-<br />

party transactions" with LJM. Indeed, Watkins' concerns were very similar to Andersen's concerns<br />

back in 2/01 – albeit ignored and dismissed by Andersen in light <strong>of</strong> the $100 million potential fee<br />

level, and the very issues that caused <strong>Enron</strong>'s collapse. For example:<br />

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