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

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Defendants' scheme and fraudulent course <strong>of</strong> business was also designed to and did enable <strong>Enron</strong><br />

to issue billions <strong>of</strong> dollars <strong>of</strong> new equity and debt securities to investors during the Class Period.<br />

3. This fraudulent scheme and course <strong>of</strong> business enabled defendants to pocket billions<br />

<strong>of</strong> dollars <strong>of</strong> legal, accounting, auditing and consulting fees, underwriting commissions, interest and<br />

credit facility payments, cash bonuses based on <strong>Enron</strong>'s reported earnings and its stock performance<br />

and illegal insider trading proceeds, such that each defendant was significantly enriched. In 10/01,<br />

<strong>Enron</strong> suddenly reported $1 billion (after-tax) in write-<strong>of</strong>fs and a billion dollar shareholder equity<br />

writedown. It then restated its previously reported financial results to eliminate hundreds <strong>of</strong> millions<br />

<strong>of</strong> dollars <strong>of</strong> previously reported pr<strong>of</strong>its and billions more in shareholders' equity. <strong>Enron</strong>'s stock<br />

collapsed, its credit rating was downgraded to "junk" and it went bankrupt, as investors realized that<br />

the huge pr<strong>of</strong>its <strong>Enron</strong> had reported over the past several years had been grossly inflated and<br />

falsified, that <strong>Enron</strong> had hidden billions <strong>of</strong> dollars <strong>of</strong> debt that should have been reported on <strong>Enron</strong>'s<br />

balance sheet and that <strong>Enron</strong> had misrepresented the current success and future prospects <strong>of</strong> its<br />

WEOS, EES and EBS businesses.<br />

4. This fraud was accomplished, in part, through clandestinely controlled partnerships<br />

and so-called special purpose entities ("SPEs") that the defendants created, structured, financed and<br />

used to do transactions with <strong>Enron</strong> to inflate its pr<strong>of</strong>its and hide its debt and thus perpetuate the fraud<br />

by violating Generally Accepted Accounting Principles ("GAAP") and the principles <strong>of</strong> "fair<br />

presentation" <strong>of</strong> financial results. Virtually all <strong>of</strong> <strong>Enron</strong>'s top insiders have been kicked out <strong>of</strong> the<br />

Company. <strong>The</strong> Securities and Exchange Commission ("SEC") and the Department <strong>of</strong> Justice<br />

("DOJ") are conducting wide-ranging investigations <strong>of</strong> the <strong>Enron</strong> fiasco. <strong>Enron</strong> and Andersen have<br />

admitted destroying incriminating evidence and Andersen has been indicted for obstruction <strong>of</strong><br />

justice. <strong>Enron</strong> executives and Andersen <strong>of</strong>ficials have "taken the 5th" and refused to testify because<br />

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