Tag: Enron

Worse than Enron? Shrug.

“Look at the numbers. Of the $410 million, $125 million represents the disgorgement of illicit profits from Morgan’s scheme — money the bank wouldn’t have collected at all if it operated within the law. (The sum is supposed to be returned to ratepayers.) So that doesn’t count. The real punishment is the balance of $285 million. How badly will that hurt JPMorgan Chase? Well, the big bank collected $97 billion in net revenue last year, so it represents a little more than a single day of intake.

Ask yourself: If you could steal $125 million, with the only downside being that if you got caught you might have to give the money back and lose a single day’s income, would you give it a go? Me too.”

On the announcement that J.P. Morgan will be paying a pittance for engaging in massive Enron-style energy fraud, the L.A. Times‘ Michael Hiltzik calls out the regulatory sham for what it is. “Our top regulators actually think they’ve gotten the better of a huge illegal enterprise, which is a good sign that they’re delusional. They didn’t even get Morgan to admit that it had done anything wrong.”

It’s tempting to hate on FERC for agreeing to this sucker’s deal, but let’s face it, this type of wink-and-a-nod, Potemkin oversight is endemic across our supposed regulatory agencies. (See also: the (lack of) fallout from JP Morgan’s Whale Trade.)

It used to be, not even all that long ago, people and companies who engaged in systemic energy and financial fraud went to prison. Now…not so much. Today, they not only continue to be treated as esteemed citizens by the highest levels of government — They even have the temerity to complain they’re being over regulated.

Meanwhile, our ostensibly progressive administration spends much of its days trying to prosecute whistleblowers and poor people to the fullest extent of the law. Some system. Honestly, if you’re not disgusted at this point, you’re not paying attention.

Lay to Rest.

In a surprising coda to the Enron trial, company founder, presidential confidant, and recently convicted felon Ken Lay died this morning of a heart attack. His dubious legacy: “Enron’s bankruptcy filing cost thousands of workers their jobs, spooked investors into doubting the integrity of the stock market and spurred lawmakers to enact the most significant changes to corporate practices in more than 70 years.“

Lay Down / The Skilling Moon.

“‘Enron is one of the great frauds in American business history,’ said James Post, a professor of management at Boston University. ‘But it is also a symbol of a particular era of management practice.’” In a strange confluence of ill omens for the current administration, a jury finds finds Enron heads Ken Lay and Jeff Skilling guilty on multiple counts of conspiracy, wire fraud, and securities fraud, with sentencing set for 9/11. For their part, Lay and Skilling immediately began talking appeal, but perhaps that’ll be unnecessary. After all, surely “Kenny-Boy” can wrangle a pardon from his boy Dubya, particularly after he spent all that time crafting Dubya’s energy policy.

The Raptors Bite Back.

“‘We rely on those transactions,’ Mr. Lay said during the September meeting, according to Mr. Glisan. ‘They are imperative for us to hit our numbers and we will continue to do them.‘” Prosecutors begin to wrap up their case in the Enron trial with the testimony of former Enron treasurer Ben Glisan, Jr., who is currently serving a five-year prison term for his part in the fraud. (He created Enron’s “Raptors,” “four fragile financial structures…used to house assets and investments and to hide losses.”) According to the NYT, he “provided some of the strongest testimony against Mr. Lay heard by the jury so far.”

Enron’s End Run.

“Fastow, in a nervous but steady voice, spent most of his first six hours on the stand describing quid pro quo deals he arranged with Jeffrey K. Skilling, then Enron’s chief executive. He said Skilling was so obsessed with making the company look good for Wall Street that Skilling approved of sham deals that helped the company meet its earnings targets while Fastow…personally skimmed millions of dollars off the transactions.” Following last week’s damning testimony by Kevin Hannon (“They’re on to us“), former Enron Chief Financial Officer Andrew Fastow took the stand yesterday as part of a plea deal. The prosecution’s star witness in the Enron case, Fastow is “also prosecutors’ most personally tainted witness, a man who admitted to stealing and involving his wife in fraud and who described himself Tuesday as sometimes ‘obnoxious’ and ‘opportunistic.’” Sounds like he was in good company. Update: On Day 2, Fastow implicates Ken Lay, and the defense sharpen their knives.

Slick.

Well, I guess that explains why the GOP didn’t swear ’em in. The Post obtains a smoking gun document that proves, contrary to their statements last week, big-time oil executives met with Cheney’s energy task force to determine the nation’s energy policy in 2001. No big surprise there — While Cheney has been trying to hide records of the meetings for years, we’ve known that 62 of 63 members of the task force had ties to the coal, nuclear, or oil industries, with nary an environmental group in sight. Plus, it was clear at the time that the final energy plan was tailored by Enron for Enron, and their ilk. Still, this does mean that Big Oil lied bald-faced to Congress (and specifically Sen. Frank Lautenberg, who asked them about this directly.) And, while perjury’s not on the table, “a person can be fined or imprisoned for up to five years for making ‘any materially false, fictitious or fraudulent statement or representation’ to Congress.”

“Morally Bankrupt.”

“So what does the bill do? It makes it harder for average people to file for bankruptcy protection; it makes it easier for landlords to evict a bankrupt tenant; it endangers child-support payments by giving a wider array of creditors a shot at post-bankruptcy income; it allows millionaires to shield an unlimited amount of equity in homes and asset-protection trusts; it makes it more difficult for small businesses to reorganize while opening new loopholes for the Enrons of the world; it allows creditors to provide misleading information; and it does nothing to rein in lending abuses that frequently turn manageable debt into unmanageable crises. Even in failure, ordinary Americans do not get a level playing field.” Salon‘s Arianna Huffington ably dissects the GOP bankruptcy legislation currently making its way through Congress. Update: It passes the Senate, with the help of 18 Dems. For shame.

The Halftime Score.

Monica who? On the eve of Dubya II, Salon‘s Peter Dizikes offers a short but comprehensive list of this administration’s scandals thus far. Thirty-four and counting…not that you’d know it from watching the evening news.

Top of the Food Chain.

Kenny Boy, Your pants, your pants are falling. Ken Lay, former Enron CEO and Bush’s prime corporate sponsor, is indicted on 11 counts of fraud. Says Lay’s lawyer, “Obviously, Andy [Fastow] and his group were not telling the boss that they were stealing from Enron. That’s as obvious as can be . . . It was done by stealth and deceit and of course, in a company as big as Enron, you have to trust someone and obviously trust was placed in the wrong place.” Ok, then explain why Lay dumped $24 million in Enron stock while telling his employees to buy. Throw the book at him, already. (But, by all means, let him speak his mind first.) Update: Dubya can’t handle the truth.