Enron, yet again

  1. Spare me. This was nothing more than a business news story before the Democrats got the nifty idea to try to tar Bush with Enron’s failure. Have you read the Waxman Report that actually complains that the Bush energy plan supports environmentally-friendly wind power on the grounds that Enron manufactures wind turbines? And I thought Democrats were supposed to be pro-environment…

  2. Please show me a person on the left who complained about Bush specific ties to Enron prior to Enron’s collapse. References to “the energy industry” and the like don’t count. Neither do lists of energy companies that include Enron.**

  1. Correlation != causation.

  2. Please give us some of this so-called “mounting evidence.”

  3. Please explain why Bush should “rein in” a private company from charging spot-market prices for its product.**

Bzzzt. The Commodities Futures Modernization Act of 2000, which included derivative exemptions, was signed into law by Clinton. Clinton’s SEC also issed a no-action letter in 1994 exempting Enron from certain regulatory oversight.

(N.B.: I don’t have a problem with any of that, because Enron’s failures were not due to regulatory failures; they were due to bad business decisions made worse by efforts to cover up the results of those decisions through accounting chicanery).

As for the “reporting status of subsidiaries” – that is not governed by any government agency. The Financial Accounting Standards Board (FASB), a private entity, determines the rules comprising U.S. Generally Accepted Accounting Principles (GAAP), including the rules governing financial disclosure for special purpose entities such as those used by Enron.

Dewey (and others). You can count me in with jshore in the sense that I, like him, don’t in the least dispute that Enron made large contributions to Democrats as well as Republicans. That said, the extent to which Enron influenced the policy of the Clinton administration and of Democratic senators was, to some degree, curbed by the fact that the Democratic party line–socially centrist and economically conservative though it has become–is less in synch with Enron’s laissez-faire desires than is the Republican counterpart. So as far as I’m concerned the real Enron debate ought to be 1) how to reform the system so as to prevent future Enrons and 2) how to reform campaign finance so that neither party’s favors can be purchased by corporations.

That Bush is not exactly at the vanguard of either reform movement I take to be indisputable.

For the same reason, it’s clear that while Enron willingly made its bed with Democrats on as-needed basis, their natural amours are with Republicans. Here is the opening paragraph from a recent Nation article on “How Enron Did Texas.”

“In the spring of 1991 Texas State Representative Kevin Bailey killed an Enron bill. The freshman Democrat from Houston had been advised by his veteran campaign manager to play ball with the company, which at that point was still just a natural-gas-pipeline concern. But Bailey didn’t listen, and it very nearly ended his career. In 1992 he found himself in a primary fight against an Enron-recruited candidate, who promptly used Enron cash to hire away Bailey’s own campaign manager. When Bailey narrowly won that contest, Enron tried to unseat him again in 1994. Bailey survived, but he was chastened. Even then, “Ken Lay had a lot of influence,” he said. “People were afraid to mess with him, because they always knew he’d try to get you.” In subsequent years, Enron grew steadily more powerful in Texas. The company rose in tandem with the state Republican Party, which has been lavishly bankrolled by Enron executives and PACs. By 1999, when the Republicans, led by George W. Bush, swept every statewide Democratic official out of office and seized control of the State Senate for the first time since Reconstruction, Enron was sitting at the top of the heap, the king of the lobby.”

Source:
http://www.thenation.com/doc.mhtml?i=20020304&s=blakeslee

No, the report merely lists items which Enron lobbied for that ended up in the energy plan. It notes that Enron got precisely what they were lobbying for with respect to wind power. I have no idea if the particularly policy is good for wind power generally and the report offers no judgement on whether the individual policy is good or bad. The report does not purport to address anything beyond the narrow issue of Enron’s success in lobbying. If you wish to read more into it than was intended I guess that’s your right but don’t expect us to swallow it.

[quote]
Please show me a person on the left who complained about Bush specific ties to Enron prior to Enron’s collapse. References to “the energy industry” and the like don’t count. Neither do lists of energy companies that include Enron.
[/quote[

Just one??? I could bury you in them but here you go: http://www.progressive.org/pc0900.htm
Let me know if you need more though I think google would serve you purposes nicely.

Well, one could start at lawsuits that allege overpricing and deliberate shutdowns but that doesn’t involve enron as much. The latest reports I have seen, and I am following them only in the most cursory manner, suggest they have an insider detailing how transmission lines were artificially congested through sham transactions in order to raise prices. It was certainly curious that Enron’s fall immediately spurred a 30% drop in electric rates in california.

Because the market was going crazy and gouging customers creating an unjustified windfall for energy companies that was not going to assist in spurring production. Indeed, it seems clear that there was no real deficit in production or transmission capacity as the crisis just disappeared when the opportunity to extract excessive profit disappeared. Sorry I don’t subscribe to the same free market theology as you.

Wendy Gramm, as chair of the Commodity Futures Trading Commission in January 1993, had exempted energy futures contracts from regulatory oversight just six days before the Clinton administration took office and just before she went to work for Enron. The Commodities Futures Modernization Act was Sen. Gramm’s baby, Clinton didn’t veto it but it is a bit dishonest to present it as his. You present the 1994 SEC ruling as though it were a discretionary decision. Am i incorrect in my belief that the decision was a ruling of law?

You missed the opportunity to bash the clinton SEC again for their 1997 exemption which seems to have allowed Enron through this hole. Of course the SEC position on limiting accounting firms ability to place themselves in a conflict of interest would have caught this regardless of GAAP given the questionable nature of the transactions. such changes were strongly resisted by republicans and had no chance of becoming law.

Dewey, I think that Ned has done an excellent job of replying to your posts. But your last–which I missed as I posted mine–is so full of improbable claims that I feel compelled to to add a few lines.

First,

“Spare me. This was nothing more than a business news story before the Democrats got the nifty idea to try to tar Bush with Enron’s failure.”

Excuse me? Are you suggesting that the story of huge Fortune 500 company whose stock plummeted from $80 to zilch, whose executives cashed out while lesser employees and stockholders were bilked, whose balance sheet turns out to have had an, um, clerical error to the tune of $70 billion–are you suggesting that this story never would have registered on the radar of average Americans had it not been for an alleged Democratic conspiracy?

Perhaps you haven’t heard that 50% of Americans–more than the percentage who vote in elections–own some stock.

The stock market is news, my friend; and Enron is the biggest bankruptcy ever in American history; and corporate crime on this scale, directly facilitated by legislative deregulation (including under Clinton’s watch) cannot but be news. Haven’t you noticed that Republicans such as Billy Tauzin have become the loudest decriers of Enron’s infamous deeds? Would they do this if this weren’t a profoundly popular issue? Or do Democrats somehow practice mild control over the public, including Republican legislators?

Since you obviously don’t read much left-leaning print matter you’re not in a position to know that the subject of Democratic complicity in the system that has led to Enron’s collapse has been discussed to death. Respected left commentators have made clear that the only way for Democratic politicians to turn this situation into lasting political capital is to distinguish themselves from Republicans in their matter of responding to the problem (see my last post on this matter).

If Clinton were in the White House now (even if Gore were), I’m sure that both would be getting their share of flack, even though neither has the added problem of Enron’s having helped them to become governor, and having dominated the politics of their home state for a decade or so, with their assistance.

“Please show me a person on the left who complained about Bush specific ties to Enron prior to Enron’s collapse. References to “the energy industry” and the like don’t count. Neither do lists of energy companies that include Enron.”

I’m almost positive that I can–if carefully search back issues of appropriate publications looking for mentions of Enron prior to the election. But why should I? What difference does it make whether Enron was mentioned by name or simply as part of larger connections to energy? It’s the connections that are the underlying root of the problem. Enron, you’ve forgotten to complain, also was in favor of Kyoto which Bush would never swallow. Yes indeed, presidents can’t simply toe one particular corporate line; not when it poaches on the terrain of other key corporate supporters.

You need to get your eye off the small-scale picture. No one suggests that Bush/Cheney are Enron’s puppets, or that the entire situation is unique to this handful of bad men. On the contrary, this aspect of the system stinks through and through. The years of professing to believe that markets rule themselves, that corporations can self-regulate, has caught up with these particular self-interested parties and bitten them on the rear. But you miss the point entirely if you thinnk that people on the left are only interested tarring Bush and Cheney. Just as important as that is to expose the absurdity of the free-market ideology that you yourself seem to remain firmly in the grips of.

There support for kyoto has always been overblown, what they supported was the idea of being able to trade polution credits and add value to their gas business. Right where Bush went with his proposals. but your right, there were many other interests.

I can’t see how you will have any difficulty finding articles on Enron before the blow up. You may have missed the one I cited because I screwed up the quotes but it was before the election and fairly typical of many I read. On the liberal boards I visit Enron and its ties to Bush has been a big topic for 2 years. It was pretty much assumed that they had a big part in the writing of Cheney’s energy policy and a virtual veto over certain nominations. To suggest that we just noticed it all yesterday is ludicrous. The left was waiting for an Enron/Bush scandal, the only thing that surprised them was the effectiveness of the republican tactic of painting it as a bipartisan scandal.

Is there a cite? Either for the immediate 30% drop or the ‘insider’ story, anything will do.

Here is one that outlines the drop pretty well. There are numerous stories that mention it but I can’t recal where I saw the insider one and didn’t locate it with a search. I know it impressed me with the detail but I consider it a bit speculative till I hear more.

http://www.latimes.com/business/la-013002enron.story

So, in other words, your statement that “evidence continues to mount that Enron fraudulantly exploited the deregulated environment of energy trading to artificially drive up power rates for consumers” is incorrect, as there really no such evidence at all.

By the way, allegations in a complaint are not “evidence.”**

The market doesn’t “gouge” anyone; it just communicates information about supply and demand. If there was excess supply (as you apparently believe), why wouldn’t one of the power suppliers try to sell that excess power? Or are you suggesting industry-wide price-fixing via supply reduction? If so, do you have any proof?**

So what? He signed it into law, right? Then he’s responsible for it. He obviously thought it was good policy, else he would have vetoed it. **

A no-action letter is a public response to a request by a company’s counsel for clarification on how the SEC will interpret existing rules. There is discretion, in that the company and its counsel are unsure of how the regulation will be applied and thus seek guidance on the issue. In other words, a no-action letter nails down how a given issue will be handled when there is “wiggle room” for the SEC to take alternate interpretations.
**

It is difficult to see how the SEC proposal of limiting accounting firms providing both audit and consulting services would have forced any kind of change in GAAP. While that conflict-of-interest question is a real one, it has nothing to do with the technical accounting question of how to handle special purpose entities for consolidation purposes.

I never said any such thing. I said, and I quote, that “this was nothing more than a business news story before the Democrats got the nifty idea to try to tar Bush with Enron’s failure.”

Business news is still news. As you aptly point out, many Americans own stock and the economy is of interest to everyone. Like the dot-com boom and bust, the Enron failure is a huge news item; indeed, it is probably the biggest business news story of the past decade. But it isn’t, and shouldn’t be, a political story, and wasn’t until certain key Democrats made it one.**

I have no problem with discussing problems, be they real or perceived, with corporate influence over government. But it seems pretty clear that Democrats are specifically referring to Enron in an attempt to tar the administration with that particular failure, even if only obliquely. If you want to talk about corporate influence, then let’s talk about corporate influence and use that term. To talk about “Enron’s influence” when you really mean “corporate influence” only clouds the issue you are trying to discuss.

I didn’t offer much support for my mounting evidence hypothosis but we shall see as the investigations continue.

California certainly believes they have proof and have filed a number of lawsuits. We will see how it all turns out.

He signed the defence of marriage act as well. It was likely the best he could come up with to ensure some regulation over derivatives. You feign innocence well when it suits your purposes.

Interesting take on the responsibilities of quasi judicial administrative tribunals. Uncertainty in law does not equate to wiggle room or discretion.

An honest audit would have recognized that the partnerships had to be disclosed do to ownership and profit taking by insiders. Anderson knew of the conflicts, they didn’t disclose them because their ties were too close.

In reference to your following post it is a political story for good reason. Before Bush decided he had met Ken Lay a couple times in passing Enron was touted as a great company and no one in the administration was embarrassed by their close ties. Enron wasn’t just an american success story, it was a republican values success story. The reality is that Enron was just a sleezy company taking advantage of a lack of regulation which was a direct result of the republican belief system. The downfall got the press attention but this company should already have been a political scandel.

By the way, I like the way you only address the points you feel like. Can I take it you concede the rest?

The CFMA takes regulatory authority arguably held, though not exercised, by the CFTC and settles the question by removing that authority entirely. It’s therefore hard to see how it would “ensure some regulation over derivatives.”

Some resources on the CFMA:
http://www.kilstock.com/site/print/detail?Article_Id=986

http://www.mfcafe.com/pantry/ls_0501.html

(The latter is quite comprehensive. Part II is what relates to Enron).**

Well, of course it does. That’s why it’s called “uncertainty.” It is uncertain how a body – in this case, the SEC – will rule on a certain matter. A no-action letter is sought when the SEC’s hands are not clearly tied into one course of action by the applicable statutes and regulations – that is, when the SEC has discretion.**

Possibly (and like I said, the concern over shared audit and consulting services is a valid one). But even without the consulting service revenue, Enron would be a very big audit client to any accounting firm auditing their books. That money tie just can’t be entirely removed.

That’s why clearer and stricter rules governing financial consolidation of SPEs are needed. The rules as they stand can be warped far to easily – and it’s easy for a firm that’s pushing the envelope to go to far.**

Ah, the fallacy of the discarded middle. In your view, Enron is just a “sleezy [sic] company,” and therefore everything associated with them must be sleazy, too.

Look, Enron did a lot of things that were very, very wrong. But they also did some good things, too. Expanding the derivatives markets to encompass things like energy was a good thing; it improved the efficiency of the energy markets. Enron is rightly praised for basically creating that whole new industry.

We shouldn’t throw out the baby with the bathwater. Enron (and Andersen) is reaping what it has sown for its underhanded action. But that shouldn’t be taken as an indictment of the derivatives markets, any more than K-Mart’s failure should be taken as an indictment of the retail consumer goods market.**

I pass on things for a variety of reasons: sometimes I reach agreement with a poster; sometimes I just don’t think a comment is worth replying too; sometimes I think flaws are so clear as not to need a response; sometimes I’ve covered the same ground elsewhere in my post; and sometimes I just think the posts have gotten too long. If you’ve got a problem with something I’ve discarded, you are free to ask me about it in followup posts.

IANAA (where A = accountant or auditor), but I do work for a big 5 firm. There are official procedures to try and remove a client who may be bad for business. There are also official procedures for managers and above who feel that an audit opinion may be wrong. Can you say career suicide? No one will quantify it, but speak out against an Enron-ish client and plan on shopping your resume.

Additionally, and generally speaking, the best auditors are poached by private industry. Accounting firms tend not to pay audit staff well, nor work overly hard to encourage loyalty (lip service saying otherwise). These people are churned and burned. The firms fully expect a high-turnover of young accountants, tend not to go out of its way to retain the best, and cannot afford to compete with the private sector. Those that rise up to managers and senior managers, while competent, generally are not the best in the business, and are outmatched by the accountants and lawyers at Enron structuring these deals and cooking the books.

D_Odds, your points are pretty spot-on. My wife is an auditor (junior manager, no less) at a Big 5 firm (not Andersen, thank goodness). I’ve heard that litany of comments on plenty of occassions.

Heck, if you hadn’t explicitly stated you weren’t an accountant, I’d have sworn you were my wife based on your comments… :smiley:

Sure, but I think letting them interview key applicants for the regulatory department is going a wee bit too far.

(Aw, did december duck out already?)

Well, if you are willing to support me for the rest of my years, that can be arranged…I wouldn’t need to shave my legs, would I:confused:

Actually, upon further reflection I realized your post couldn’t possibly come from my wife, because when she gives that litany there’s a lot of profanity involved… :smiley:

Dewey, your distinction between a business story and a political story–and your assertion that the one became the other because “Democrats” wanted it that way–won’t hold water.

You concede that as a business story the story of the collapse and underlying fraudulent/criminal behavior of the largest bankruptcy in US history is of major interest to a broad strata of the public.

At stake are issues including but not limited to a) legislatively mandated oversight of corporate practices, b) the deregulation of energy markets and of corporate oversight, c) energy policy, d) corporate influence on the political process, e) rules governing pension funds.

If this is not a “political” story what is? And if–as you want to believe–what’s political in the story was trumped up by the Democrats, why is that Republican senators are falling all over themselves to get a piece of the political action involving the aftermath.

Exactly how do you define “political”? Or perhaps you’d like to retract this peculiar prong of your argument.

And why precisely is it okay to discuss corporate influence, in the abstract, but not okay to invoke Enron by name as an example of corporate influence?

Mandelstam, since I agree with much of Dewey’s arguments, but believe you make a good point, let me add a caveat…

It is a political story, about the breakdown of a system in place long before Bush entered the White House.

It is not a partisan political story.

I was sickened by the republican pile-on with Clinton. I’m sickened by the democrat pile-on on Bush. I don’t like how either side will pull a few ‘turncoats’ (for lack of a better term) and say that “Look, they agree with us” I’m sick of the divisive politics that are making it more and more difficult to get meaningful legislation from our federal government. And lastly, I’m sickened by how big money can buy either side.

If I were to say it is not a political story, I would mean it is not a Democrat/Republican story. I don’t feel it is; and as each side trots out its “look, see how the other side did this” story, rather than publicly* come to a meaningful compromise on how to avoid further Enron’s, I become more disillusioned.

*I say publicly, because I expect that behind closed doors, they are trying hard to reach compromise just so they can say they did something. But publicly, each side is playing to the ends of the spectrum, further polarizing the issues. Given the scope and breadth of the country, there is no room for “I’'m right, you’re wrong” in politics.

YMMV

I agree that a and e are implicated here. B, c and d are not. Let’s take them one by one.

A. Legislatively mandated oversight of corporate practices – this involves SEC disclosure practices, which are cleary at issue.

B. Deregulation of energy markets – this had nothing to do with the Enron collapse. Enron collapsed because of some bad ventures (some of which were entirely unrelated to energy) which they tried to keep from being consolidated in their financial statements. They also had more debt than they could handle when default triggers occured. None of that has to do with energy deregulation. Any company, even a non-energy company that never traded a derivative, could have collapsed for those reasons.

I’m not sure what you mean by “deregulation of corporate practices,” but I presume you mean the CFMA, discussed in posts above. Again, not implicated for the reasons given above.

C. Energy Policy – not implicated for the same reasons stated in B above.

D. Corporate Influence on the Political Process – such influence had nothing to do with Enron’s collapse, nor was any such influence able to save them. This is simply not implicated in the story of Enron’s collapse.

E. Pension fund rules – this isn’t a major part of the story, but it is implicated somewhat (to the extent that by “pension” you mean “401(k) plan”).

You ask me to define what makes a story “political.” I’d say it’s a story that invokes partisan politics (and on preview I see I’ve been beaten to the punch by D_Odds). A and E above just don’t do that. You seem to define a “political” story as anything that involves the government in any way. By that definition, the Andrea Yates trial is “political” because it involves the Texas judiciary.

Yes, the Enron collapse involves regulatory issues, and thus the government. However, those regulatory issues are fairly technical questions of proper financial disclosure (i.e., they are basically dry, boring accounting stuff). There are also questions about how the accounting profession will need to change. There are assuredly a variety of opinions on what those changes should be. But those arguments don’t align themselves along party lines. The question of “how should companies report activities by SPE’s?” is not one that divides Democrats and Republicans.

I am sure that both parties will try to make political hay out of the Enron collapse. That is tragic. But the fact is the Democrats (at least on this particular matter) are the ones who started the game by trying to indirectly attach the sleaze from the collapse to Bush via the back door of the Energy Report.**

Please. You have to be terribly naive to think the Democrats are screaming “Enron” as just another example of corporate influence. They are using that particular name because there is sleaze attached to it stemming from the collapse. It’s a clear attempt to get people to associate that sleaze with the Bush Administration. You don’t have to be Kreskin to see that.

D_Odds, I think you make a good distinction–between the political bearing of the Enron debacle, and the partisan political bearing–but I don’t think you can say that the former applies and the latter does not. Rather, both takes on the matter exist, however important it may be to distinguish between them.

Dewey, which Democrats are shouting Enron? I hear members of both political parties shouting Enron–as I’ve said repeatedly. I see Paul Krugman writing columns about Enron–and attacking laissez-faire ideology (i.e., what I’ve called deregulation of corporate oversight) on those grounds. Paul Krugman is an economist who tends to support Democrats. But I don’t think the thrust of his columns has been that Bush or even the Republicans are uniquely to blame for the upsurge of laissez-faire orthodoxy. There is a difference between an ideological commitment (supporting a belief that you really think is right) and narrow-minded partisanship (saying/doing anything that will support your own side, irrespective of your own principles/beliefs).
I would say that Krugman’s repeated attacks on Enron fall into the former designation, not the latter.

Now it just happens to be the case that Bush’s history with Enron goes way back; and Enron appears to have influenced Bush’s energy policy–both as Texas governor and as US president. You seem to suggest that if not for the machinations of Democrats, the public would not want to be informed of the extent of Bush’s involvement with this company. Yet polls demonstrate that these are precisely the things that most Americans, including Republicans, want to know. How can it possibly be irrelevant, or merely a partisan strategy, if it’s what voters want to know. After all, if Enron had been in close cahoots with the Democratic governor of California, I’m sure voters would want to know that as well. Consider: the matter of investigating political involvement with Enron isn’t itself partisan. The problem (for you) is that Republican involvement just happens to have been greater (longer lasting, more ideologically consistent) and therefore Republicans have a larger PR problem on their hands.

But most Democrats (including commentators like Krugman) are well aware that Democrats are also liable to the charge of taking large campaign contributions from this discredited corporation.

Now, as to my list of political issues involving Enron, several of which you disputed. Although the connection is less specific than, say, the matter of pension fund management, I don’t see how you can possibly argue that trend towards allowing corporate self-regulation isn’t connected to Enron. Here is an excerpt from an interesting article that makes precisely that case.

“In this era of deregulation and laissez-faire ideology, the essential premise has been that market forces discipline and punish the errant players more effectively than government does. To produce greater efficiency and innovation, government was told to back off, and it largely has. “Transparency” became the exalted buzzword. The market discipline would be exercised by investors acting on honest information supplied by the banks and brokerages holding their money, “independent” corporate directors and outside auditors, and regular disclosure reports required by the Securities and Exchange Commission and other regulatory agencies. The Enron story makes a sick joke of all these safeguards.”

http://www.thenation.com/doc.mhtml?i=20020204&c=1&s=greider

I agree that deregulation of energy markets is a distinct issue: but the connection here is one of association. Enron aggressively sought deregulation of those markets (see the “How Enron did Texas” article posted early), using political influence wherever possible (including via Bush as Texas governor). Enron has now been seriously discredited.

Now it’s true enough, that Enron’s fraudulent accounting practices and shady partnerships needn’t suggest that deregulating energy is itself a bad idea. But there’s certainly nothing in the least unsusual about inquiring into the matter given the association. If Enron was willing to pursue selfish interests with its partnerships and other shenanigans, perhaps Enron’s deregulation plans were but a different kind of consumer rip-off. As a matter of fact, I happen to think that’s true. I thought deregulation was bad policy and a consumer rip-off before Enron; and I still think it. But even if I didn’t I don’t see how anyone can possibly argue that the evaluating the energy policy that Enron urged–and that Bush bought into–is a valid part of the political ramifications of this story.

By the sound of things, Dewey, you like energy deregulation and, perhaps, laissez-faire ideology in general. You may also like George Bush and feel that he is no more responsible for Enron’s specific crimes than were some of the Democrats who accepted campaign contributions from Enron, including Clinton. These are all fair opinions. And for anyone who holds them, the Enron story is a giant pain in the butt–justifying, as it does, additional scrutiny into cherished aspects of one’s neo-liberal economic agenda and the Prez who best supports them.

So I do understand why you wish the story would go away; and I certainly understood your desire to defend those aspects of Enron’s business model that you still feel are defensible.

But, in doing so, I think you’re going to have to deal with the fact that a lot of people are going to be skeptical and/or critical about what you believe in at this point in time. If all you can see in that is partisanship, so be it.