Enron Mail

From:sarah.palmer@enron.com
To:sarah.palmer@enron.com
Subject:Enron Mentions -- 01/22/02-01/21/02
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Date:Tue, 22 Jan 2002 10:29:33 -0800 (PST)


Enron Attorney Says FBI Is Probing Shredding at Company's Headquarters
Dow Jones Business News, 01/22/2002

WSJ: Enron Says FBI Invited To Probe Document Shredding
Dow Jones News Service, 01/22/2002

Paper Trail:
Shredded Documents Taken to Court
ABC News.com, 01/22/2002

Paper Chase:
Congress to Probe Destruction of Enron Documents
ABC News.com, 01/22/2002

Judge to hear request to halt shredding
Associated Press Newswires, 01/22/2002

Lawyers Ask Houston Crt Order To Stop Enron `Tampering'
Dow Jones Energy Service, 01/22/2002

ENRON PROBES ALLEGED SHREDDING DOCUMENT DESTRUCTION REPORTEDLY CONTINUED TO=
AT LEAST START OF JAN.
The Boston Globe, 01/22/2002

REPORT: ENRON KEPT ON SHREDDING ; FORMER EXECUTIVE: SUBPOENAS IGNORED
Orlando Sentinel, 01/22/2002

Manager Says Enron Shredded Documents; Probe Allegedly Was Already Underway
The Washington Post, 01/22/2002

Enron Ex-Executive: Previous Warnings Fell On `Deaf Ears'
Dow Jones International News, 01/02/2002

New Accusations of Document Shredding at Enron
American Morning with Paula Zahn, 01/22/2002

USA: Enron says ordered staff to preserve all papers.
Reuters English News Service, 01/21/2002

Enron Notified Employees to Retain Documents
PR Newswire, 01/21/2002

Enron says it checking shredding report
The Globe and Mail, 01/22/2002

Enron Claims to Fire Andersen as Auditor.
The Oil Daily, 01/22/2002

SMARTMONEY.COM: Special Report: The Enron Papers
Dow Jones News Service, 01/21/2002

SMARTMONEY.COM: The Spreading Enron Stain
Dow Jones News Service, 01/21/2002

Worker's concerns about Enron accounting brushed aside
Associated Press Newswires, 01/21/2002

Enron Raised Funds In Private Offering; Shareholders in Dark, Documents Sho=
w
The Washington Post, 01/22/2002

Jesse Jackson to hold rally for laid off Enron workers
Associated Press Newswires, 01/21/2002

USA: Profiles of major figures in Enron saga.
Reuters English News Service, 01/21/2002

The Fall of Ken Lay
CNN: The Point with Greta Van Susteren, 01/21/2002

Role of Andersen lawyer probed.
Financial Times - FT.com, 01/22/2002

Enron's Law Firm Is in the Crosshairs; Vinson & Elkins' heavy reliance on t=
he work it did for the energy giant is now a potential liability for the la=
w firm
BusinessWeek Online, 01/22/2002

Enron a Boon to Short-Sellers / Skeptics correctly read signs of sudden col=
lapse
Newsday, 01/22/2002

Andersen says Enron failed on business merits.
The Saigon Times Daily, 01/22/2002

ENRON SPURS TEXAS-SIZE LEGAL QUAGMIRE ; MORE THAN 150 LAWSUITS HAVE ALREADY=
BEEN FILED IN HOUSTON AGAINST THREE OF THE COMPANY'S TOP EXECUTIVES.
Orlando Sentinel, 01/22/2002

Federal Judge Approves Sale Of Enron's Energy Trading Ops
Dow Jones News Service, 01/22/2002

UBS Pumps Life Into New Enron Unit
Newsday, 01/22/2002

Enron Creditors Express Skepticism About Proposed Sale of Trading Arm to UB=
S.
The Oil Daily, 01/22/2002

Enron To Pay GE Capital $138,474/Mo For Furniture Leases
Dow Jones News Service, 01/22/2002
Enron Trying To Keep $7.92M In Funds From Some Creditors
Dow Jones International News, 01/22/2002

USA: Lawmaker says set to subpeona Andersen in Enron case.
Reuters English News Service, 01/22/2002

Enron auditor says Andersen shares blame Congressional subcommittee rejects=
bid to delay public testimony set for Thursday
The Globe and Mail, 01/22/2002

New US Judge In Enron Cases No Stranger To Controversy
Dow Jones Energy Service, 01/22/2002

UK: UPDATE 1-Enron Europe creditors face $900 mln trading loss.
Reuters English News Service, 01/22/2002

Two More Enron Units File Chapter 11, Total Reaches 37
Dow Jones Energy Service, 01/22/2002

Dark humour and a line in T-shirts from Enron victim - Ex-employees' websit=
e reveals the real losses.
The Guardian, 01/22/2002

US Treasury Responds To Waxman Request For Enron Info
Dow Jones Capital Markets Report, 01/22/2002

SMARTMONEY.COM: Special Report: Enron Vs. Investors
Dow Jones News Service, 01/22/2002

Tractebel bids for Enron's SKorean assets - report
AFX News, 01/22/2002

Electrabel In Talks With Enron Over Spanish Power Plant
Dow Jones International News, 01/21/2002

New BG Bid Soon For Enron's India Pete Fields' Stake -PTI
Dow Jones Energy Service, 01/21/2002

Gov't hopes to close Enron deal this month.
BusinessWorld (Philippines), 01/22/2002

INDIA PRESS: Dabhol May Be Sold In Two Parts
Dow Jones International News, 01/21/2002

INDIA'S TROUBLED DPC READY TO HAND OVER EVIDENCE TO HIGH COURT
Asia Pulse, 01/22/2002

Enron points to need for independent analysts
The Globe and Mail, 01/22/2002

Where are market cops when we need them?
The Globe and Mail, 01/22/2002

U.S. push on for independent auditors: Enron fallout
National Post, 01/22/2002

Enron case steals Bush limelight
Belfast News Letter, 01/22/2002

Politically Sensitive Enron Items Pulled Off EBay Friday
Dow Jones News Service, 01/22/2002

ComPsych(R) Reports Rapidly Increasing Employee Stress Levels Caused by Rec=
ent Financial Events
PR Newswire, 01/21/2002

GETTING PERSONAL: 401(k) Woes? Might Be Your Own Fault
Dow Jones News Service, 01/22/2002

Enron: No Taxes . . .
The Washington Post, 01/22/2002

GEORGE W. CLINTON? IT SOUNDS CRAZY, BUT BUSH'S ENRON DEFENSE IS `BILL DID I=
T, TOO'
Pittsburgh Post-Gazette, 01/22/2002

Corruption festered in the dark
Kitchener-Waterloo Record, 01/22/2002

Putting the `public' back in CPA
Chicago Tribune, 01/22/2002

Bush Better See Enron Case as a Threat
Newsday, 01/22/2002

WHITE HOUSE NOTEBOOK Dana Milbank
Wrapping Up Tough Questions With Foil
The Washington Post, 01/22/2002

Enron's Fatal Arrogance
Australian Financial Review, 01/22/2002

Get Tough On Corporate Crime
The Washington Post, 01/22/2002

...Poisonous Enron
The News & Observer Raleigh, NC, 01/22/2002

What a fall!
Business Standard, 01/22/2002

____________________________________________________________________


Enron Attorney Says FBI Is Probing Shredding at Company's Headquarters
By John R. Emshwiller

01/22/2002
Dow Jones Business News
(Copyright © 2002, Dow Jones & Company, Inc.)

Staff Reporter of The Wall Street Journal=20
HOUSTON-- An attorney for Enron Corp. says Federal Bureau of Investigation =
agents have been dispatched to the company's Houston headquarters to begin =
interviews Tuesday about possible document shredding.
The attorney said that following news reports of document shredding on the =
19th floor of the building, where some of the accounting operations are, En=
ron (ENRNQ) contacted the Justice Department and Securities and Exchange Co=
mmission and invited them to investigate what happened.=20
He added that Enron officials last night went to the 19th floor to look for=
any evidence of shredding and located a "single trash can with shredded ma=
terial." He said the material was secured and bagged. Security guards have =
now been placed on the 19th and 20th floor of the building.=20
Three former Enron employees said Monday that they'd seen shredded document=
s in the accounting department after federal investigators had begun a prob=
e into possible illegalities at the energy giant.=20
Write to John R. Emshwiller at john.emshwiller@wsj.com=20
Copyright © 2002 Dow Jones & Company, Inc.=20
All Rights Reserved.

Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

WSJ: Enron Says FBI Invited To Probe Document Shredding
By John R. Emshwiller

01/22/2002
Dow Jones News Service
(Copyright © 2002, Dow Jones & Company, Inc.)

Of The Wall Street Journal=20

HOUSTON -(Dow Jones)- An attorney for Enron Corp. (ENRNQ) says Federal Bure=
au of Investigation agents have been dispatched to the company's Houston he=
adquarters to begin interviews Tuesday about possible document shredding.
The attorney said that following news reports of document shredding on the =
19th floor of the building, where some of the accounting operations are loc=
ated, Enron contacted the Justice Department and Securities and Exchange Co=
mmission and invited them to investigate what happened.=20
(This report and related background will be available at the Journal's Web =
site, WSJ.com.)=20
He added that Enron officials last night went to the 19th floor to look for=
any evidence of shredding and located a "single trash can with shredded ma=
terial." He said the material was secured and bagged. Security guards have =
now been placed on the 19th and 20th floor of the building.=20
Three former Enron employees said yesterday that they'd seen shredded docum=
ents in the accounting department after federal investigators had begun a p=
robe into possible illegalities at the energy giant. -Jonathan Friedland; T=
he Wall Street Journal; 323-658-3820

Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

Paper Trail
Shredded Documents Taken to Court
=20

Jan. 22 - An attorney handed over shredded Enron documents to a federal cou=
rt in Houston today, claiming they were important papers company workers ha=
d attempted to destroy as recently as last week.=20


The attorney, William Lerach, who has filed a class-action suit against the=
failed energy firm on behalf of employees and stockholders, said he though=
t the court should begin to take physical possession of evidence from the f=
irm and its now-fired auditor Arthur Andersen, and appoint independent expe=
rts to try to restore deleted e-mail.=20
"It may be necessary that we put a U.S. marshal or someone on the premises =
there at Enron to make sure these people behave themselves," argued Lerach =
on ABCNEWS' Good Morning America today.=20
Shredders Were 'Working Overtime'=20
Document-shredding continued at Enron's headquarters up until at least last=
week, former Enron executive Maureen Castaneda told ABCNEWS, despite feder=
al subpoenas and court orders since last October forbidding the destruction=
of documents.=20
Castaneda, the former director of Enron's foreign investments section, said=
the shredding was done in an accounting office on the 19th floor of the co=
mpany's Houston headquarters.=20
"I left the second week of January and the shredding was going on until the=
day I left, and I have no idea if it continues," said Castaneda, who worke=
d across the hall from the accounting office.=20
"After Thanksgiving, there was great interest in the accounting documents s=
tored," she said. "They pulled out all the boxes and people had to go throu=
gh every box."=20
Castaneda added in a Good Morning America interview this morning: "I think =
the accountants were probably working a lot of overtime. You could tell by =
the pizza boxes and trash cans."=20
The former executive says she had no idea what was going on - even used the=
shreddings to pack up her belongings - until she received an e-mail from t=
he corporate attorney reiterating company policy forbidding document shredd=
ing.=20
"That's when the light bulb went on," recalled Castaneda, "And I said, 'Wel=
l, wait a minute, if they're not supposed to destroy them, why are they des=
troyed?' "=20
'It Will Not Be Tolerated'=20
Enron attorney Bob Bennett said that all employees had been forbidden to sh=
red any documents as of Oct. 25.=20
"At a very early time, the legal team made all employees aware of the pendi=
ng litigation and that all documents should be retained," Bennett told ABCN=
EWS. "If anyone has disobeyed that policy or if anyone is discovered to hav=
e shredded documents, it will not be tolerated and severe action will be ta=
ken."=20
He also said the company was investigating the reports.=20
Castaneda said she discovered the shredded documents when she was cleaning =
out her office and looking for packing material. She showed ABCNEWS boxes f=
ull of shredded documents dated from November and December, which she found=
in the hallway.=20
"I got these when I was leaving work, to basically use for packing material=
," she said. "I only took one box."=20
The word "confidential" can be seen on the shredded papers, which were dens=
ely packed into the box she showed ABCNEWS.=20
"A lot are accounting documents," said Castaneda. "You can tell because of =
the colors yellow and pink."=20
Also, she said she found shreds with references to some of Enron's off-the-=
books partnerships, which the company used to mask its financial problems. =
Lawyers in the case regard this as likely evidence of a criminal act: Destr=
oying documents in the middle of a federal investigation is potential obstr=
uction of justice.=20
Enron's accounting practices have come under heightened scrutiny since the =
company's stunning October announcement that it lost $638 million in the th=
ird quarter of 2001 and was worth $1.2 billion less than it had previously =
claimed.=20
ABCNEWS' Brian Ross contributed to this report.

Paper Chase
Congress to Probe Destruction of Enron Documents

By Pete Yost
The Associated Press

W A S H I N G T O N, Jan. 21 - A House panel plans to issue subpoenas if ne=
cessary to compel testimony from Enron's accounting firm and the auditor it=
fired for the destruction of thousands of documents.


Arthur Andersen LLP chief executive Joseph Berardino criticized his firm's =
lead auditor on the Enron account, David Duncan, saying he displayed "at th=
e least ... extremely poor judgment" for his part in discarding documents i=
n October and November. Enron filed for bankruptcy Dec. 2.=20
Duncan has told investigators he was simply following the advice of Anderse=
n's legal department when he directed the shredding. The House Energy and C=
ommerce subcommittee on oversight and investigations has scheduled a hearin=
g for Thursday.=20
The tentative witness list includes Duncan, Andersen attorney Nancy Temple =
and Berardino or another top-ranking Andersen official.=20
It was uncertain whether Duncan would appear voluntarily.=20
"We have made it clear that we'll be prepared to subpoena any reluctant wit=
nesses," said committee spokesman Ken Johnson.=20
Johnson said "a number of people have approached the committee about immuni=
ty" from prosecution, "but we have not offered it to anyone, nor have we se=
riously considered it up to this point."=20
"We're very interested in finding out where Andersen is, in its internal in=
vestigation" of the Enron controversy, "and we want to examine administrati=
ve and disciplinary actions taken in the wake of the disclosure that docume=
nts were destroyed," Johnson said.=20
Focus on Stock Sales=20
A variety of federal law enforcement agencies and congressional investigato=
rs are looking into Enron's sudden collapse, the largest bankruptcy in U.S.=
history and one that cost many employees their retirement savings.=20
Among the avenues of interest: actions taken by Enron managers to sell some=
of their own stock in the company even as employees were encouraged to con=
tinue investing.=20
A lawyer for Kenneth L. Lay, Enron's chairman and chief executive, said Lay=
disposed of millions of dollars in Enron stock because he needed to raise =
cash to repay loans, not because of concerns about the health of his compan=
y, The New York Times reported today.=20
Attorney Earl J. Silbert said Lay had put up shares of his Enron stock as c=
ollateral for other investments. On at least 15 occasions between February =
and October of last year, Silbert told the Times, Lay returned shares in En=
ron to the company to repay $4 million he had received through a credit lin=
e.=20
The House panel meeting Thursday hoped to get to the bottom of Andersen's s=
hredding of the documents.=20
Temple, a lawyer at Andersen headquarters in Chicago, e-mailed a copy of th=
e firm's document destruction policy to the Houston office where Duncan and=
other accountants worked on the Enron account.=20
Temple sent the e-mail just four days before Enron announced more than $600=
million in third-quarter losses. At the same time, the energy company took=
the first step to fully disclose details of partnerships that had kept hun=
dreds of millions of dollars in Enron debt off the company's balance sheet.=
=20
E-mail Defended=20
Appearing Sunday on NBC's "Meet the Press," Berardino defended Temple's sen=
ding of the e-mail, saying "Nancy just told people to use their judgment. S=
he did not instruct them to do anything, to my knowledge."=20
According to congressional investigators, Duncan said last week that genera=
l discussions began at Andersen in September about what Enron-related docum=
ents to discard.=20
"It was unusual" to emphasize the document-destruction policy, Duncan told =
the investigators, according to congressional sources familiar with what he=
said. The sources spoke on condition of anonymity.=20
Asked why Temple reminded the Houston office of the policy to do away with =
some documents, Berardino replied, "Because accountants are pack rats ... W=
e save lots of stuff that's not relevant."=20
Asked about the timing of Temple's e-mail, Berardino said "we were in the p=
rocess of putting our files together to make sure that all of the third-qua=
rter events were properly documented in our work papers."
Copyright 2002 The Associated Press. All rights reserved. This material may=
not be published, broadcast, rewritten or redistributed.=20


Judge to hear request to halt shredding
By KRISTEN HAYS
Associated Press Writer

01/22/2002
Associated Press Newswires
Copyright 2002. The Associated Press. All Rights Reserved.

HOUSTON (AP) - An attorney representing shareholders suing 29 current and f=
ormer Enron Corp. executives and directors carried a box of shredded docume=
nts into federal court Tuesday, claiming employees of the fallen energy tra=
ding giant were destroying records through at least mid-January.=20
"This is the shredded evidence that we got out of Enron," attorney William =
Lerach said as he hurried into the downtown Houston courthouse, where he wa=
s prepared to ask a judge to ban any shredding by Enron or its former audit=
or, Arthur Andersen.
A state judge's order already prohibits Andersen's Houston office from shre=
dding Enron-related documents. Chicago-based Andersen acknowledged earlier =
this month its Houston office had destroyed a significant but undetermined =
amount of audit-related work.=20
Lerach's law partner, Paul Howes, released a court brief late Monday in whi=
ch a former Enron executive saw staffers in the accounting and finance depa=
rtment review and shred thousands of documents.=20
Maureen Raymond Castaneda, who was laid off as Enron's director of foreign =
exchange and sovereign risk, told Howes the "gather-review-shred" process s=
tarted Oct. 31, when the Securities and Exchange Commission announced a for=
mal investigation into Enron finances, and continued through at least Jan. =
14.=20
In a statement released Monday, Enron reiterated that it has had a strict a=
nti-shredding policy in place since last autumn.=20
"Since Oct. 25, Enron has notified employees in no uncertain terms that the=
y are to preserve all documents and materials. The company has sent out fou=
r e-mails to that effect from Oct. 25, 2001, through Jan. 14, 2002," said t=
he statement.=20
Castaneda confirmed she saw at least two such e-mails from Enron general co=
unsel James Derrick.=20
Houston-based Enron cited Andersen's shredding issues when it fired the ven=
erable accounting firm last week.=20
Neil Rothstein, attorney for another plaintiff, the Archdiocese of Milwauke=
e Support Fund, said Tuesday morning that justice can be served only with i=
ntact evidence.=20
"We are entitled to see what they have," Rothstein said, referring to anyon=
e with pertinent Enron documentation. "No one should have destroyed documen=
ts."=20
Lerach said Castaneda took some boxes of shredded documents home, intending=
to use them as packing material in a move to a more affordable house. She =
gave Lerach's team the spindly documents, which Howes said were clearly mar=
ked as related to debt-laden partnerships that fueled the company's downfal=
l.=20
"Enron's communications with its employees were very clear on the destructi=
on of documents, and any breach of the company's policy will be dealt with =
swiftly and severely," the company said. "Enron has been cooperating fully =
with congressional investigators and handed over to various government inve=
stigators 41 boxes of documents and materials."=20
Drowning in a sea of exposed questionable accounting methods, massive third=
-quarter losses and elimination of millions in profits since 1997 with rest=
ated earnings, Enron on Dec. 2 filed the largest bankruptcy in history.=20
Lerach's firm last month sued current and former top Enron executives and b=
oard members who sold $1.1 billion in stock from October 1998 through Novem=
ber last year, just before the company imploded.=20
The lawsuit differs from more than 60 filed on behalf of shareholders and i=
nvestors across the country because it names only the individuals as defend=
ants, not Enron Corp. Suits targeting the company are on hold until the ban=
kruptcy is resolved in a Manhattan court.=20
The suit alleges the defendants, including Enron chairman Ken Lay and Texas=
Sen. Phil Gramm's wife, Enron board member Wendy Gramm, engaged in a three=
-year pattern of fraud and deception that caused Enron shares to fall from =
a high of about $80 a year ago to less than a dollar.=20
Amalgamated Bank, the lead plaintiff, claims it lost more than $10 million =
in the meltdown, and the suit is seeking $25 billion in damages. Pension fu=
nds for several states have joined the suit since it was filed.

Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

Lawyers Ask Houston Crt Order To Stop Enron `Tampering'

01/22/2002
Dow Jones Energy Service
(Copyright © 2002, Dow Jones & Company, Inc.)

WASHINGTON (AP)--Lawyers suing Enron Corp. (ENRNQ) say a massive number of =
company documents were shredded in the face of a federal investigation and =
want a court to step in to prevent more tampering.=20
"It was a major accounting fraud and now they have been caught destroying t=
he evidence," attorney William Lerach said Tuesday on NBC's "Today." "I'd s=
ay they've got trouble on their hands."
Robert Bennett, a Washington lawyer representing Enron, said the company to=
ld employees after coming under investigation that they were not to destroy=
relevant documents. He said the company is looking into charges papers wer=
e destroyed despite that directive.=20
Lerach told the Associated Press the shredding was "open and notorious and =
widespread," consuming "hundreds of thousands of documents" and taking plac=
e even on Christmas Day.=20
Former Enron executive Maureen Castaneda said on morning talk shows Tuesday=
that the shredding began after Thanksgiving on the 19th floor accounting o=
ffice of the company's Houston headquarters and continued at least until th=
e middle of this month.=20
Lerach was bringing some of the shredded documents to federal court Tuesday=
to seek court custody of relevant Enron papers, as part of a class-action =
lawsuit against the company by aggrieved investors.=20
"We're going to ask the court to take extraordinary measures...to prevent a=
ny further tampering or destruction," he said on ABC's "Good Morning Americ=
a."=20
"It may be necessary that we put a U.S. marshal or someone on the premises.=
"=20
The reported shredding follows revelations over the past two weeks about do=
cument destruction at Arthur Andersen LLP, Enron's auditor.=20
Another attorney in the lawsuit, G. Paul Howes, said in court papers that s=
ome of papers destroyed at Enron headquarters were marked Jedi II and Chewc=
o - partnerships through which the energy giant concealed hundreds of milli=
ons of dollars in debts.=20
The partnerships, described by lawmakers as slick financial gimmicks, helpe=
d drive the company into the largest bankruptcy in U.S. history.=20
The Securities and Exchange Commission began looking into Enron's accountin=
g practices in mid-October, after the company reported more than $600 milli=
on in third-quarter losses, and a congressional committee began asking for =
documents in mid-December. The SEC opened a formal investigation at the end=
of October, including demands for financial documents from Enron and Ander=
sen.=20
Enron said in a statement late Monday that it had issued four e-mails from =
Oct. 25 to Jan. 14 warning employees against destroying documents, specific=
ally those related to Enron's complex web of partnerships.=20
"We are investigating the circumstances of the reported destruction of docu=
ments," Bennett said.=20
Bennett said anyone who violated directives against destroying documents "w=
ill be dealt with appropriately."=20
Castaneda, who was laid off last week, said she did not know who ordered em=
ployees to do the shredding. "I think they were just doing what they were t=
old," she said.=20
She said she brought shredded paper home to use as packing material.=20
The Justice Department announced on Jan. 9 that it was pursuing a criminal =
investigation of Enron, which entered the biggest bankruptcy in U.S. histor=
y on Dec. 2 following a six-week downward spiral.=20
Andersen last week fired its lead Enron auditor for destroying Enron-relate=
d documents. The auditor, David Duncan, has told congressional investigator=
s he was just following the advice of Andersen's legal department when he d=
irected the shredding.=20
Lawyers for Duncan have been seeking to delay his public testimony, schedul=
ed for Thursday before the investigative panel of the House Energy and Comm=
erce Committee, saying Duncan needs more time to prepare.=20
But Rep. Jim Greenwood, R-Pa., the subcommittee's chairman, rejected the re=
quest, arguing that Duncan "doesn't really need to recall every detail of w=
hat he did for Enron. We're focused on the destruction of documents. We'll =
subpoena him if we have to."=20
Said Ken Johnson, spokesman for the House Energy and Commerce Committee: "T=
his whole sorry affair keeps getting uglier by the minute, and we're determ=
ined to get to the bottom of it. ... Making bad business decisions is one t=
hing, but trying to cover up bad business decisions is another."

Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

Business
ENRON PROBES ALLEGED SHREDDING DOCUMENT DESTRUCTION REPORTEDLY CONTINUED TO=
AT LEAST START OF JAN.
Pete Yost, Associated Press

01/22/2002
The Boston Globe
THIRD
F.1
(Copyright 2002)

WASHINGTON - Enron is looking into the reported destruction of documents th=
at allegedly took place at its Houston headquarters after the federal gover=
nment began investigating the company, an attorney for the bankrupt energy =
giant said last night.=20
In an on-air interview with ABC News, a former Enron executive, identified =
as Maureen Castaneda, said the shredding of documents took place in an acco=
unting office on the 19th floor.
Castaneda displayed one box of the shredded material which "I got . . . whe=
n I was leaving work to basically use . . . for packing material.=20
"There were . . . a lot more than this," she said, standing next to the box=
.=20
Castaneda said the destruction began after Thanksgiving. "I left the second=
week of January and the shredding was going on until I left. And I have no=
idea if it continues." Castaneda was identified as a director in the forei=
gn investments section at Enron's Houston headquarters.=20
"They even shredded on Christmas Day," Bill Lerach, an attorney who is suin=
g Enron's board and officers, said in an interview. He said he was taking s=
ome of the shredded documents to court today where he will demand court cus=
tody of all relevant Enron documents.=20
"From what we have learned, destruction of evidence at Enron was open and n=
otorious and widespread," Lerach said.=20
The Securities and Exchange Commission began looking into Enron in mid-Octo=
ber.=20
"We are investigating the circumstances of the reported destruction of docu=
ments," Washington attorney Robert Bennett, who is representing Enron, said=
in a statement.=20
"In October 2001 the company issued several directives to all Enron employe=
es worldwide that all relevant documents should be preserved in light of pe=
nding litigation," Bennett added. "If anyone violated those directives, the=
y will be dealt with appropriately."=20
The reported shredding at Enron follows revelations over the past week and =
a half about document destruction at Arthur Andersen, Enron's accounting fi=
rm.=20
Some of the shredded Enron paper displayed in the ABC story contained the w=
ord "Jedi," one of the entities involved in an array of off-the-books partn=
erships which kept millions of dollars in Enron debt off the firm's balance=
sheet for several years.=20
Enron's inquiry into shredding at its headquarters came as congressional in=
vestigators pressed for public testimony by an Andersen auditor fired over =
the destruction at the accounting firm.=20
"This whole sorry affair keeps getting uglier by the minute, and we're dete=
rmined to get to the bottom of it," said Ken Johnson, spokesman for the Hou=
se Energy and Commerce Committee, which has been investigating the destruct=
ion of papers at Andersen.=20
Fired Andersen auditor David Duncan told investigators that Andersen had am=
ple information when it evaluated the controversial partnership arrangement=
s at Enron that were a big factor in its bankruptcy.=20
Duncan's lawyers sought to delay his public testimony, scheduled for Thursd=
ay before the House Oversight and Investigations Subcommittee, arguing that=
Duncan needs more time to prepare.=20
But Representative Jim Greenwood, a Pennsylvanian Republican who chairs the=
subcommittee, rejected the request, saying Duncan "doesn't really need to =
recall every detail of what he did for Enron. We're focused on the destruct=
ion of documents."=20
In other developments:=20
Consumer advocate Ralph Nader said a special counsel should investigate Enr=
on rather than the Justice Department's criminal division. Nader also said =
Bush administration officials should have alerted the Justice Department an=
d the Securities and Exchange Commission last fall when contacted by Enron =
chairman Kenneth Lay about the company's growing problems.=20
The State Department disclosed that Secretary of State Colin Powell referre=
d to Enron's problems regarding a power plant in India in a discussion with=
India's foreign minister last April 6.

Caption: Ralph Nader said yesterday a special counsel should investigate En=
ron. / AP PHOTO=20
Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

A SECTION
REPORT: ENRON KEPT ON SHREDDING ; FORMER EXECUTIVE: SUBPOENAS IGNORED
William Neikirk, Washington Bureau

01/22/2002
Orlando Sentinel
METRO
A1
(Copyright 2002 by The Orlando Sentinel)

WASHINGTON -- A former Enron Corp. executive said Monday that company docum=
ents were destroyed at its Houston headquarters even after the federal gove=
rnment issued subpoenas for the bankrupt company's records last fall.=20
The startling accusation of document shredding prompted Enron's attorney, R=
obert Bennett, to say that the company would immediately look into the alle=
gation made by former executive Maureen Castaneda in an ABC News interview.
Displaying a box of shredded material, Castaneda, identified by ABC as the =
former director of Enron's foreign-investments section, said the document d=
estruction began after Thanksgiving and continued as late as last week in t=
he 19th-floor accounting office of the company's Houston headquarters.=20
She said she got the box of paper to use for packing material and that ther=
e were "a lot more" boxes like the one she showed on the air.=20
Federal authorities and congressional committees are already investigating =
the shredding of documents by Enron's auditor, Arthur Andersen LLP, in conn=
ection with Enron's failure. The revelations that Enron may have done the s=
ame thing added a new dimension to the burgeoning scandal.=20
"It's one thing to make bad business decisions; it's another thing to cover=
up bad business decisions," said Ken Johnson, spokesman for Rep. Billy Tau=
zin, R-La., chairman of the House Energy and Commerce Committee, one of the=
panels investigating the firm. "If it's true, this is an even bigger mess =
than we thought."=20
Johnson said the committee undoubtedly would look into the new allegation a=
nd probably call Castaneda to testify. Meanwhile, the panel will hold a ses=
sion Thursday to hear evidence on the shredding of documents at Andersen, a=
nd is threatening to force a former Andersen auditor, David Duncan, to test=
ify. Duncan has sought a postponement.=20
Castaneda told ABC she found shredded paper with references to some of Enro=
n's controversial businesses partnerships, such as "Jedi," which the firm u=
sed to hide millions of dollars in debt.=20
"A lot are accounting documents," she added. "You can tell because of the c=
olors yellow and pink."=20
"I left the second week of January, and the shredding was going on until th=
e day I left, and I have no idea if it continues," said Castaneda.=20
Bennett issued a statement after the broadcast, saying that "we are investi=
gating the circumstances of the reported destruction of documents. In Octob=
er, the company issued several directives to all Enron employees worldwide =
that all relevant documents should be preserved in light of pending litigat=
ion. If anyone violated these directives, they will be dealt with appropria=
tely."=20
The Securities and Exchange Commission began investigating Enron in mid-Oct=
ober and this month the Justice Department said it had opened a criminal in=
vestigation. Other federal agencies are looking into various aspects of Enr=
on's collapse.=20
The shredding of documents also is becoming a major issue in a suit against=
Enron's board and its officers. William Lerach, attorney for plaintiffs wh=
o have sued the firm's board and its officers, said he plans to take the bo=
x of shredded documents to federal court, according to The Associated Press=
.=20
"They even shredded on Christmas Day," Lerach said.

Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

A Section
Manager Says Enron Shredded Documents; Probe Allegedly Was Already Underway
Peter Behr
Washington Post Staff Writer

01/22/2002
The Washington Post
FINAL
A01
Copyright 2002, The Washington Post Co. All Rights Reserved

An Enron project manager has told attorneys suing the company that she saw =
evidence of widespread shredding of documents at Enron Corp.'s Houston head=
quarters, beginning after the start of a former federal securities investig=
ation was announced Oct. 31 last year.=20
Maureen Castenada, a manager in Enron's foreign-investments section who was=
laid off in mid-January, said the names of outside partnerships that are a=
t the center of ongoing investigations of Enron are legible on scraps of sh=
redded paper. The shredding took place inside offices on the 19th floor of =
the headquarters building, where she worked, she said.
Castenada's allegations are contained in a sworn affidavit by attorney G. P=
aul Howes, whose firm is suing Enron's top officials and directors on behal=
f of Enron shareholders and investors whose retirement savings were devasta=
ted by the company collapse and bankruptcy filing in December. She repeated=
the allegations in an interview yesterday on ABC News.=20
Howes said that according to Castenada, boxes of documents from throughout =
Enron's headquarters were gathered on the 19th floor beginning about Thanks=
giving. She said she saw Enron employees going through the boxes' contents =
page by page and removing documents, Howes's account states.=20
At the end of the day, trash bags and boxes full of shredded documents were=
stacked up in the hallway, she said, adding that the shredding was continu=
ing as recently as the second week of January.=20
One scrap described a division of revenue between Enron and one of the off-=
balance-sheet entities the company created named Raptor, attorneys said.=20
"We are investigating the circumstances of the reported destruction of docu=
ments," Washington attorney Robert S. Bennett, who is representing Enron, s=
aid in a statement.=20
"In October 2001 the company issued several directives to all Enron employe=
es worldwide that all relevant documents should be preserved in light of pe=
nding litigation," Bennett added. "If anyone violated those directives, the=
y will be dealt with appropriately."=20
Enron reported on Oct. 22 that the Securities and Exchange Commission had b=
egun an inquiry into the company's financial dealings. A week later, the SE=
C upgraded the probe to a formal investigation.=20
The destruction of documents by Enron's outside accounting firm, Arthur And=
ersen, already is a key issue for investigators. Andersen fired David B. Du=
ncan, its top Houston auditor on the Enron account, last week after learnin=
g he ordered the shredding of documents related to the Enron audit.=20
Attorney William Lerach, a senior partner in Howes' firm, said last night t=
hat he will take a box of shredded material obtained by Castenada into fede=
ral court in Houston today to back up his demand that relevant Enron docume=
nts be put under the court's control.=20
"You just have to conclude, based on what we know to date, this was a delib=
erate, coordinated effort to destroy evidence," Lerach said.=20
Castenada told ABC News she could tell that a lot of the shredded papers we=
re once accounting documents. "You can tell because of the colors -- yellow=
and pink," she said. She took one box of shredded paper away with her to g=
ive to attorneys. "There were . . . a lot more than this," she said.=20
Congressional investigators said yesterday that they are still negotiating =
with Duncan's attorney to secure his testimony at a hearing on the document=
destruction at Andersen scheduled for Thursday before the House Energy and=
Commerce Committee's oversight and investigations subcommittee.=20
Duncan's lawyers sought to delay his public testimony, arguing that Duncan =
needs more time to prepare.=20
The subcommittee chairman, Rep. James C. Greenwood (R-Pa.), turned down tha=
t request. He said the committee will subpoena Duncan if necessary.=20
Andersen's chief executive, Joseph F. Berardino, appearing Sunday on NBC's =
"Meet the Press," criticized Duncan and defended Andersen attorney Nancy Te=
mple, who sent an Oct. 12 e-mail to Andersen's Houston office as a reminder=
of the firm's document-destruction policy.=20
Berardino said Duncan displayed "at the least . . . extremely poor judgment=
" for his part in destroying the documents in October and November. He said=
Temple sent the reminder "because accountants are pack rats. . . . We save=
lots of stuff that's not relevant."=20
Staff writer David S. Hilzenrath contributed to this report.


http://www.washingtonpost.com=20
Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

Enron Ex-Executive: Previous Warnings Fell On `Deaf Ears'

01/22/2002
Dow Jones International News
(Copyright © 2002, Dow Jones & Company, Inc.)

NEW YORK -(Dow Jones)- The former executive who first disclosed document-sh=
redding at Enron Corp. (ENRNQ) said Tuesday that she hadn't informed her su=
periors because her previous warnings about risky deals had fallen on "deaf=
ears."=20
Interviewed on ABC's "Good Morning America," Maureen Castaneda said she did=
n't know the names of those who had shredded the documents and didn't know =
who had ordered the shredding.
Castaneda, former Enron director for foreign exchange and risk management, =
said she wasn't surprised by the destruction of documents because she had "=
seen a lot" over the past three years - "things that weren't forthright."=
=20
She referred to deals that she called "incredibly risky," citing countries =
that she said "nobody in the world would lend capital to" but where Enron d=
evelopers wanted to go into.=20
Castaneda, who was separated from Enron earlier this month, said she had se=
en "accountants" looking through documents after Thanksgiving on her way to=
her office on the 19th floor, which housed the accounting and research dep=
artments.=20
Repeating remarks to ABC on Monday evening, Castaneda said she realized wha=
t had happened when she took home shredding to use as packing material afte=
r being separated.

Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

News; Domestic
New Accusations of Document Shredding at Enron
Jack Cafferty, Ed Lavandera

01/22/2002
American Morning with Paula Zahn
© Copyright eMediaMillWorks, Inc. (f/k/a Federal Document Clearing House,=
Inc.). All Rights Reserved.

new accusations of document shredding at Enron have surfaced just as a fede=
ral judge in Houston is set to hold hearings this morning on an injunction =
to get accounting firm Arthur Andersen to stop destroying Enron related doc=
uments.=20
JACK CAFFERTY, CNN CORRESPONDENT: The other big story, of course, new accus=
ations of document shredding at Enron have surfaced just as a federal judge=
in Houston is set to hold hearings this morning on an injunction to get ac=
counting firm Arthur Andersen to stop destroying Enron related documents.
According to a former Enron employee, documents were being systematically s=
hredded at the company as late as last week. Maureen Castaneda, who's part =
of a shareholder lawsuit against Enron, told ABC News the shredding began i=
n late October after the SEC began their investigation into the company's a=
ccounting practices.=20
CNN's Ed Lavandera joins us now with more in a live report from Houston -- =
Ed.=20
ED LAVANDERA, CNN CORRESPONDENT: Good morning, Jack.=20
The attorneys in this case sat down with reporters late last night inside a=
19th floor posh downtown Houston hotel room, showing off what they say are=
those shredded documents that Maureen Castaneda witnessed being shredded i=
nside the Enron building. They say that over the last 12 weeks they've talk=
ed with several dozen witnesses here at Enron who say that they did witness=
this shredding of documents in the finance and accounting department. Maur=
een Castaneda worked in an office just across the hallway from this departm=
ent.=20
They say the shredding started heavily after Thanksgiving and it continued =
in through Christmas and into, as you said, last week. And this, of course,=
if this indeed is true, happened well after the federal investigators star=
ted taking over in this case and issued subpoenas in efforts to claim much =
of these documents.=20
Enron spokespeople say that they have issued several e-mails telling all em=
ployees not to tamper with any documents whatsoever and to preserve every m=
aterial that they can get their hands on, as well. But the attorneys in thi=
s case aren't convinced by what Enron is saying.=20
(BEGIN VIDEO CLIP)=20
UNIDENTIFIED MALE: It is an absolute smoking gun. You've got, the auditor s=
aid we destroyed thousands of pages of documents. They've admitted that. Th=
e company now can't get around the fact that in the face of three directive=
s not to do it, personnel were directed to do it because the personnel that=
were doing this clearly wouldn't have acted unilaterally.=20
(END VIDEO CLIP)=20
LAVANDERA: We spent some time last night looking at some of those shredded =
documents and trying to find any kind of evidence ourselves. The attorneys =
say that in many of these slices of paper that you can see the names of Rap=
tor and Jedi, which, of course, are the names of these partnerships that ha=
ve become infamous for bringing down Enron.=20
We were only able to find one slip of paper that had Raptor on it, but they=
, indeed, say that this is the only box that they do have but that they do =
fear that hundreds of thousands of documents, there are witnesses that say =
that they saw this as a systematic shredding of documents over the course o=
f the last month and a half and they say that they're, even though this is =
the only box that they do have, that there is much more out there that has =
been shredded -- Jack, back to you.=20
CAFFERTY: Ed, thank you.=20
Ed Lavandera live in Houston this morning.=20
Coming up in the next hour of AMERICAN MORNING, the woman who blew the whis=
tle on Enron. Maureen Castaneda says the company was shredding documents ri=
ght up until last week. Also, a family struggling to survive after Enron le=
ft them out in the cold.=20
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SE=
CURE ONLINE ORDER FORM LOCATED AT www.fdch.com=20
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY B=
E UPDATED.=20
Content and programming copyright 2002 Cable News Network, Inc. ALL RIGHTS =
RESERVED. Prepared by eMediaMillWorks, Inc. (f/k/a Federal Document Clearin=
g House, Inc.) No license is granted to the user of this material other tha=
n for research. User may not reproduce or redistribute the material except =
for user's personal or internal use and, in such case, only one copy may be=
printed, nor shall user use any material for commercial purposes or in any=
fashion that may infringe upon Cable News Network, Inc.'s copyright or oth=
er proprietary rights or interests in the material; provided, however, that=
members of the news media may redistribute limited portions (less than 250=
words) of this material without a specific license from CNN so long as the=
y provide conspicuous attribution to CNN as the originator and copyright ho=
lder of such material. This is not a legal transcript for purposes of litig=
ation.

Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

USA: Enron says ordered staff to preserve all papers.

01/21/2002
Reuters English News Service
(C) Reuters Limited 2002.

NEW YORK, Jan 21 (Reuters) - Bankrupt energy trader Enron Corporation said =
on Monday it had repeatedly ordered all its employees since October 25, 200=
1 to refrain from destruction of any official documents.=20
The company said this after a Monday news report on ABC Television quoted a=
former employee as saying that she saw shredded documents in an accounts o=
ffice at the company's Houston headquarters.
A company spokesman said Enron, which is facing a string of investigations =
into its demise, would probe into the interview given by the former employe=
e identified as Maureen Castaneda.=20
Enron, which has already handed over 41 boxes of documents and materials to=
federal investigators said it had sent four emails to all employees betwee=
n October 25 and January 14 asking them to preserve all documents regarding=
Enron's activities and also with regard to the partnerships which Enron ha=
d set up outside the company's main operations.

Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

Enron Notified Employees to Retain Documents

01/21/2002
PR Newswire
(Copyright © 2002, PR Newswire)

HOUSTON, Jan. 21 /PRNewswire-FirstCall/ -- Enron Corp. released the followi=
ng statement in response to an ABC News story broadcast today:=20
Since October 25th Enron has notified employees in no uncertain terms that =
they are to preserve all documents and materials. The company has sent out =
four emails to that effect from Oct. 25, 2001 through January 14, 2002.
Specifically, Enron employees were warned on October 25th to "Please retain=
all documents (which include handwritten notes, recordings, emails, and an=
y other method of information recording) that in any way relate to the Comp=
any's related party transactions with LJM1 and LJM2 ... You should know tha=
t this document preservation requirement is a requirement of Federal law an=
d you could be individually liable for civil and criminal penalties if you =
fail to follow these instructions."=20
In subsequent messages sent on October 26 and October 31, 2001, employees w=
ere specifically instructed that the requirement to preserve and retain all=
documents extended not only to LJM documents but included all documents re=
lating to: the Broadband Services Division, Chewco, Azurix, New Power, the =
accounting for any Enron investments, and Enron public statements to invest=
ors, the Securities and Exchange Commission or other regulatory bodies.=20
Enron's communications with its employees were very clear on the destructio=
n of documents, and any breach of the company's policy will be dealt with s=
wiftly and severely. Enron has been cooperating fully with congressional in=
vestigators and handed over to various government investigators 41 boxes of=
documents and materials.=20
MAKE YOUR OPINION COUNT - Click Here=20
http://tbutton.prnewswire.com/prn/11690X24687138


/CONTACT: Mark Palmer, +1-713-853-4738, or Steve Lipin of Brunswick, +1-212=
-333-3810, both for Enron/ 21:37 EST=20
Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

International News
Briefing
Enron says it checking shredding report
Associated Press

01/22/2002
The Globe and Mail
Metro
A12
"All material Copyright © Bell Globemedia Publishing Inc. and its licenso=
rs. All rights reserved."

Washington -- Enron is looking into the reported destruction of documents t=
hat allegedly took place at its Houston headquarters after the federal gove=
rnment began investigating the company, a lawyer for the bankrupt energy gi=
ant said last night.=20
In an on-air interview with ABC News, a former Enron executive identified a=
s Maureen Castaneda said the shredding of documents took place in an accoun=
ting office on the 19th floor.
"We are investigating the circumstances of the reported destruction of docu=
ments," Washington lawyer Robert Bennett, who is representing Enron, said i=
n a statement. AP

Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

Enron Claims to Fire Andersen as Auditor.

01/22/2002
The Oil Daily
© 2002 Energy Intelligence Group. All rights reserved.

Enron tried to restore some of its badly tarnished image late last week by =
claiming to fire outside auditor Andersen for destroying Enron financial do=
cuments.=20
The firing, however, is about as credible as Capt. Louis Renault's statemen=
t in the classic movie Casablanca that he was "shocked" to learn that gambl=
ing was taking place in Rick's Cafe Americain, just as he was handed his ev=
ening's winnings.
In fact, the relationship with Andersen terminated last month after Enron m=
ade its Chapter 11 filing in the US Bankruptcy Court (OD Dec.4,p1). Bankrup=
tcy rules require that a new auditor be named, so Andersen has been out for=
more than a month.=20
Still, Enron Chairman and Chief Executive Kenneth Lay indicated that the pr=
oblems at Andersen were news to him and that action on the matter couldn't =
await the outcome of an internal investigation the company initiated in lat=
e October.=20
"While we had been willing to give Andersen the benefit of the doubt until =
the completion of that investigation, we can't afford to wait any longer in=
light of recent events," he said in a statement.=20
Andersen disclosed on Tuesday that employees had shredded some paper docume=
nts and deleted electronic files after it was aware of a Securities and Exc=
hange Commission investigation of Enron (OD Jan.16,p1). The company fired t=
he head of the Enron account in its Houston office, put three others on adm=
inistrative leave, and demoted another four executives.=20
The fired auditor, David Duncan, apparently doesn't plan to fall on his swo=
rd to protect others. He was already talking to the US House Committee on E=
nergy and Commerce before his termination by Andersen and continued his tes=
timony in what a committee spokesman described as a cooperative manner.=20
Enron's shares continue to be traded actively in the over-the-counter marke=
t since going off the New York Stock Exchange last week. Shares now are lis=
ted in the National Quotation Bureau "Pink Sheets." The price has ranged be=
tween 22? and 57.5? since making the move.=20
"This is purely a penny stock now," said analyst John Olson of Sanders, Mor=
ris, Harris in Houston. He said he is becoming less confident that UBS Warb=
urg can resurrect the company's trading business soon enough to satisfy Enr=
on's multitude of creditors and salvage any vestige of the company.=20
Olson noted that Enron owes about $15 billion just to banks and has another=
$19 billion in derivative exposure - and creditors will want whatever they=
can get as soon as possible.=20
Another regulatory figure walked the plank last Friday after admitting to a=
n Enron taint. Max Yzaguirre, who once headed Enron's operations in Mexico =
and served in other Enron jobs, resigned as chair of the Texas Public Utili=
ty Commission.=20
Yzaguirre succeeded Pat Wood, now chair of the Federal Energy Regulatory Co=
mmission, last summer.=20
Barbara Shook.=20
© Copyright 2002. The Oil Daily Co.=20
For more infomation, call 800-999-2718 (in U.S.) or=20
202-662-0700 (outside U.S.).

Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

SMARTMONEY.COM: Special Report: The Enron Papers
By Matthew Goldstein

01/21/2002
Dow Jones News Service
(Copyright © 2002, Dow Jones & Company, Inc.)

Of SMARTMONEY.COM=20
(This report was first published late Friday.)=20

MANY VOICES on Wall Street have professed bafflement at the sudden collapse=
of Enron (ENRNQ). According to the many investment bankers and trading par=
tners who did business with the company, the commercial banks that lent it =
money, and the securities analysts who followed it, the accounting maneuver=
s Enron allegedly used to inflate its profits and hide its debts were so co=
mplex and so hidden from view that no one could have foreseen the outcome.
It turns out, however, that some of the biggest names in American finance w=
ere active participants in Enron's strategy. SmartMoney.com has obtained a =
number of financial documents and partnership records related to LJM2 Co-In=
vestment partnership, one of the key entities relied on by Enron. The docum=
ents - four books altogether measuring more than two inches high - reveal t=
hat a virtual Who's Who of financial institutions invested in the $394 mill=
ion fund established in 1999 by former Enron Chief Financial Officer Andrew=
Fastow. The documents provide a breakout of the estimated rates of return =
on the more than a dozen investments made by LJM2. They even offer an expla=
nation for how those mysterious Raptors worked - the subsidiaries LJM2 esta=
blished to carry on hedging activities with Enron. We're making selections =
from the documents available for download in PDF format.=20
The documents make one thing clear: LJM2 was anything but an arm's-length e=
ntity for Enron - as it would've had to be for Enron's accounting treatment=
of it to have been legitimate. "The Partnership expects that Enron will be=
the Partnership's primary source of investment opportunities and that the =
Partnership will co-invest with Enron," according to one document. As the d=
ocuments state, the partnership was created and managed by then-CFO Fastow =
and was "focused on acquiring energy and communications assets primarily ow=
ned by Enron." And while Jeffrey Skilling, Enron's former chief executive w=
ho suddenly resigned last August, told the New York Times in December that =
he didn't have many details about partnerships like LJM2, the records show =
Skilling was a guest speaker at LJM2's annual partnership meeting on Oct. 2=
6, 2000.=20
Some highlights from the documents:=20
"LJM Rationale": LJM2 was formed in October 1999 with the stated goal of ac=
quiring assets primarily owned by Enron and generating a 30% average annual=
return for its limited-partner investors. Why focus on Enron assets? The d=
ocuments explain that some of those assets were diluting Enron's earnings a=
nd harming the ratios on which its credit ratings were based. It wanted to =
"deconsolidate" those assets and "create structures which accelerate projec=
ted earnings and cash flows."=20
A selling point to potential investors in LJM2: "The Partnership expects to=
benefit from having the opportunity to invest in Enron-generated investmen=
t opportunities that would not be available otherwise to outside investors.=
"=20
Investors: The papers contain a partial list of the biggest companies and f=
inancial institutions that are known to have invested in LJM2, either direc=
tly, through subsidiaries or on behalf of third parties: American Internati=
onal Group (AIG), AON (AOC), Citigroup (C), CIBC, Credit Suisse First Bosto=
n, Dresdner Bank, General Electric (GE), J.P. Morgan Chase (JPM), Lehman Br=
others (LEH), Morgan Stanley (MWD), Merrill Lynch (MER) and Wachovia Bank (=
WB).=20
Smaller institutional investors were also involved, including pension funds=
and private equity funds. These included Aero Capital, Alpine Investment P=
artners, C&I Partners, Cramer Rosenthal McGlynn, Fort Washington Private Eq=
uity, Freidenrich Family Trust (associated with Bay Partners, a big Califor=
nia venture-capital firm), Lakeview Capital Management, Mousse Partners, Rh=
o Management, the State of Arkansas Teachers Retirement Fund, Ulysses Partn=
ers and Weyerhaeuser Employee Retirement Trust (WY).=20
LJM2 Key Employees: As of early 2000, LJM2 was being managed by Fastow; Mic=
hael Kopper, former managing director of Enron's Global Equity Markets Grou=
p; and Kathy Lynn, a former Enron vice president. Fastow, during his tenure=
at LJM2, earned roughly $30 million in management fees.=20
Advisers: The partnership employed Big Five accounting firm Pricewaterhouse=
Coopers and Chicago-based law firm Kirkland & Ellis, where Whitewater prose=
cutor Kenneth Starr is a partner.=20
Bankers: Two banks were LJM2's main lenders: Chase Manhattan Bank, part of =
J.P. Morgan Chase, and Germany's Dresdner Bank, a division of Dresdner Klei=
nwort Wasserstein. On Nov. 30, 2001, just days before Enron would file for =
bankruptcy, Dresdner Bank sent LJM2 a letter informing it that it had defau=
lted on a provision of its loan agreement.=20
Working Capital: As of April 2000, LJM2 had raised $394 million. Of that am=
ount, 42% came from top-rated financial institutions and insurance companie=
s, 36% was invested by individuals and private equity funds and the remaini=
ng 22% came from employee pension funds. The value of the assets held by th=
e partnership as of Sept. 30, was $156 million, down 39% from Dec. 31, 2000=
.=20
Investments: LJM2 invested in a total of 23 investments - most of them invo=
lving Enron-related entities - with odd-sounding names like Bobcat, Osprey =
Trust, Apex, Rawhide and Talon. The five biggest investments were: NewPower=
Holdings (NPW), $50 million; Bobcat I, $30 million; Osprey Trust, $26 mill=
ion; Apex, $25 million and Zenith Telecom Trust, $21 million.=20
NewPower is a deregulated electrical power company that Enron spun off in O=
ctober 2000. Bobcat is a so-called special entity, like the Raptors that En=
ron and LJM2 used to hedge investments. Osprey Trust is an investment vehic=
le set up by Enron and another limited partnership, Whitewing, which sold $=
1.4 billion in corporate bonds. Apex is a collaterized loan obligation - a =
derivative security whose underlying instrument is a commercial loan - that=
LJM2 has with First Union, which since has been acquired by Wachovia Bank.=
Zenith is one of the few non-Enron investments made by LJM2. It was an inv=
estment in an off-balance-sheet partnership established by TXU (TXU) called=
Pinnacle One Partners.=20
The Raptors: These are a structured finance vehicle - usually capitalized w=
ith Enron stock and an investment from LJM2 - that enters into derivative, =
or hedging, transactions all designed to reduce the risk associated with En=
ron's own investment portfolio. There were at least six Raptors created by =
LJM2. The Raptors helped manage the impact of price volatility of Enron's s=
tock investments by purchasing put and call options on those shares. (A cal=
l option is a bet a stock will rise in price, while a put option is a bet i=
t will fall.) But the Raptors posed a problem if Enron's stock dropped belo=
w $48 a share - something that first occurred in early August, around the t=
ime Skilling suddenly resigned. In the event of such a drop, Enron would ha=
ve to give the Raptors more of its stock in an attempt to keep them solvent=
, and this would be potentially dilutive to the stock.=20
For more information and analysis of companies and mutual funds, visit Smar=
tMoney.com at http://www.smartmoney.com/

Copyright ? 2000 Dow Jones & Company, Inc. All Rights Reserved. =09

SMARTMONEY.COM: The Spreading Enron Stain
By Robert Hunter

01/21/2002
Dow Jones News Service
(Copyright © 2002, Dow Jones & Company, Inc.)

Of SMARTMONEY.COM=20
(This report was first published late Friday.)=20

ON WEDNESDAY AFTERNOON, my editor and I got together to think of a fresh wa=
y to approach the Enron (ENRNQ) scandal for my column this week. We wanted =
to try to offer investors some guidance as the sordid details of Enron's of=
f-balance-sheet activities continue to unfold.
I decided that I would argue that while the Enron blowup is a shocking exam=
ple of greed, cunning and guile, it was an isolated incident. The underpinn=
ings of our financial system are still fundamentally sound.=20
Now, I'm not so sure.=20
It's true that Enron was unlike any company that makes its living - or a bi=
g chunk of it - in the derivatives markets. Derivatives? Wasn't Enron prima=
rily an energy trader? Yes, but many energy trades involve forward sales (a=
kin to futures) and options. And Enron dealt in dozens of other, more exoti=
c derivatives markets, from credit to weather to advertising. Derivatives w=
ere a bigger part of Enron's revenue stream than they are at any other publ=
icly traded company that deals in them, even powerhouses like Goldman Sachs=
(GS), Lehman Brothers (LEH) and Morgan Stanley (MWD).=20
Yet Enron didn't resemble other derivatives dealers in the least. Wall Stre=
et firms that are active in these highly sophisticated, highly lucrative an=
d highly risky markets have elaborate risk-management systems in place to p=
revent Enron-like disasters from happening. Ever notice that most of the de=
rivatives blowups you've heard about in the past - from Orange County to Pr=
octer & Gamble (PG) to Gibson Greetings - involved relatively unsophisticat=
ed investors being burned by Wall Street bandits? (The delicate term for th=
at on the Street is ripping someone's face off.) Yes, Barings Bank and Kidd=
er Peabody were brought down by derivatives - but those cases involved rogu=
e traders circumventing their company's risk-management systems for fun and=
profit. Because derivatives can blow up in their faces, dealers pay slavis=
h attention to the risk they undertake. Risk managers are some of the best-=
paid people on Wall Street. Their job is to keep their companies from going=
boom - and by and large, they succeed.=20
Some years ago, as scandals started becoming more common, derivatives becam=
e something of a four-letter word. Wall Street came up with an ingenious fi=
x, one that just happened to add some safety to the derivatives world: In t=
he early 1990s, dealers began creating AAA-rated offshore subsidiaries that=
do some of their bidding for them. (No big investment bank carries that ra=
ting, or anything close.) To get those ratings, the subs had to be incredib=
ly well capitalized and maintain impeccable books. That helped allay certai=
n nervous counterparties, as well as institutional investors permitted to d=
eal only with triple-A-rated entities. Even in the unlikely event that, say=
, Goldman Sachs imploded, its triple-A sub would still have the cash on han=
d to settle its bets, which often mature far into the future. Nowadays, big=
banks and insurers often have several of these entities. And that helps th=
em lower their overall risk profiles. Everyone wins: The corporate trader g=
ets to deal with a safer partner, while the bank's positions, on an aggrega=
te level, are less risky. In the derivatives world, subsidiaries exist sole=
ly in the service of the corporate parent.=20
Enron was an entirely different story. While many of the infamous