by Tom Mitsoff
A tainted piece of fruit does nothing to diminish the health or
freshness of another that is close by. Even so, because we can see that
one apple is stale or sour, it is human nature to question whether or
not the good one sitting next to it really is as good as it looks.
This is guilt by association, and it is the reason the collapse of Enron
Corporation under a flood of concealed red ink will continue to have
ripple effects far more widespread than the tragic financial losses
suffered by investors and employees of the Houston-based company.
Enron is in the unique business of selling risk management services to
companies who seek to insulate themselves against the effects of
unexpected increases and dips in prices and-or availability of products
and commodities of other companies. Most of the transactions were risks
for Enron -- the company could either profit through fees earned by
successfully protecting the interests of its clients, or could lose by
having to pay its clients. Enron's product is referred to as risk
management, but the best way to describe it is insurance for
corporations against variations in expected or budgeted expense due to
external factors outside their control.
Apparently Enron was very bad or very unlucky in establishing parameters
for its services, because over time the company's losses mounted. And
certain members of the company's top management embarked on creative
ways to conceal the financial losses -- namely, creating shell
corporations on whose financial statements the losses were reported.
Doing so meant that the Enron Corporation could continue to report large
profits and maintain the confidence of its current and potential
investors.
But the façade of financial strength began to crack in February of last
year when Fortune magazine reported that Enron was debt-ridden and
hiding that fact from stock market analysts. That aroused the curiosity
of financial journalists and regulators, who began to take a closer look
at Enron. And, by last October, Enron executives were selling company
stock they owned for a combined price of $1.1 billion, while they were
telling employees and investors that the company was in good financial
health. A few days later, Enron announced a quarterly loss of $618
billion, and the freefall in stock price and company fortunes was on.
How could Enron's "creative" accounting practices go undetected? Some
answers were realized when it was learned that lawyers for Arthur
Andersen, Enron's external auditor and formerly the largest accounting
firm in the world, had directed workers to destroy all audit materials
with the exception of the most basic work papers in October, four days
before the $618 million loss was announced.
Even people who don't have degrees in accountancy know that shredding of
corporate financial documents is not standard operating procedure. In
fact, most companies retain their financial records for at least five
years, if not longer, and particularly accounting firms. It appears as
though Arthur Andersen has something to hide, and the U.S. Department of
Justice thinks so. It indicted Arthur Andersen for obstruction of
justice.
The indictment is one in a series of trips through a legal labyrinth for
the Chicago-based accounting firm. Last June, it agreed to a $7 million
settlement with the U.S. Securities and Exchange Commission (SEC) after
allegedly overstating profits for Waste Management, Inc., by more than
$1 billion from 1992 to 1996. And just Tuesday, the SEC filed suit
against Waste Management's founder and five other former key executives
who "engaged in a systematic scheme to falsify and misrepresent Waste
Management's financial results and thereby enrich themselves and keep
their jobs" between 1992 and 1997. The SEC alleges that the defendants
"secretly entered into an agreement with Andersen fraudulently to write
off the accumulated errors over periods of up to 10 years and to change
the underlying accounting practices, but to do so only in future
periods." Andersen provided the defendants with a list of 32 "must-do"
items in order to successfully write off the errors without detection,
the SEC complaint says. The SEC said that constitutes covering up past
fraud through future fraud.
It is in this business atmosphere that Americans are asked to believe in
the integrity of corporate accounting and reporting practices. It's one
bad corporation and one troubled accounting firm, but their combined
magnitude has made many other guilty by association. This is an
incorrect leap of logic, but unfortunately human nature.
The government will need to find a way to restore confidence in the
auditing process before Americans begin to invest confidently again.
First order of business is to find a way to eliminate relationships like
the Enron-Arthur Andersen one, in which Enron paid Arthur Andersen $52
million last year for audit and consulting services. It would be a
$52-million decision for Andersen or any company to report fraud
committed by the hand that feeds it. And that can turn a lot of even
good apples bad.
Mr.
Tom Mitsoff is a daily newspaper editor and syndicated
editorial columnist. His web address is
http://www.tommitsoff.com.
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