I can’t help but be fascinated by the fall of Enron. I continue to bring up this comparison because all I see with the Alan Balch lawsuit(s) is an individual asking a corporation to behave in a professional, business-like manner. In the Enron case, there are Wall Street financial analysts out the ying-yang whose job it is to watch over corporations, and the SEC providing enforcement power. Other than Alan Balch, who’s asking the “probing questions” in the horse world?
In the 12/4/01 Wall Street Journal, the front page headline is, “Behind Enron’s Fall, A Culture of Operating Outside Public’s View.”
The article goes on to state how at a meeting with credit rating agency officials, Enron mentioned that shareholder’s equity would be reduced by $1.2 billion. The analysts suggested that this was so significant that it should be reported to the SEC. Enron did not.
The following is direct from the article:
“It was vintage Enron: minimal disclosure of financial information that, in retrospect was central to understanding the complex company…But virtually unseen until the end was an Enron culture that contained the seeds of its collapse, a culture of highly questionable financial engineering, missated earnings and persistent efforts to keep inverstors in the dark.”
“Senior Enron executives flouted elementary conflict-of-interest standards. The company hired legions of lawyers and accountants to help it meet the letter of federal securities laws while trampling on the intent of those laws. It became adept at giving technically correct answers rather than simply honest ones.”
The WSJ gives the example: “One senior Wall Street official recalls asking Enron officials whether the company had retained bankruptcy counsel. He was told no. He later found out that while Enron hadn’t formally retained such represnetation, it had met with bankruptcy lawyers. ‘If you don’t ask the absolute right question, you don’t get the right answer’.”