The Enron Scandal GROUP 2 AA 3101 MW 7:30-9:00 PM Group 5 Alvizo, Althea A. Balagtas, Francis Ysabella S. Geverola, Krystyll Corine R. Gimenez, Zaira Andrealee M. Lim, Jude Gabriel S. Roman, Arielle H. Sabayday, Den Marie O. Sumalinog, John Francis F. SUMMARY Enron Corporation, located in Houston, Texas, was an American energy company founded in 1985 when Houston Natural Gas and InterNorth merged. Enron's business plan expanded over time in order to maximize profits. The company was praised for its innovative business approach, with Fortune magazine naming it "America's Most Innovative Company" every year from 1996 to 2001. The corporation's shareholders launched a $40 billion lawsuit when it was revealed that Enron had been engaging in accounting fraud, disguising billions of dollars in debt through various accounting loopholes. By the end of November 2001, Enron's shares had fallen to less than $1 per share. Enron then declared bankruptcy on December 2, 2001. In 1992, Jeff Skilling advised a new accounting technique which is the Market to Market (MTM) Technique, by which it can adjust the value of an asset on the balance sheet from its historical cost up to the fair value and capture the difference as a revenue. Surprisingly, the company was able to get the approval of the Securities and Exchange Commision (SEC). The MTM accounting technique adopted results to inflation of the estimated profits and misled numerous investors. Another deal made by Enron was with Blockbuster in 2000. The deal was that Blockbuster will stream movies online while Enron will provide the internet service, but Enron took the profits from the contracts that they expect to make in the future and recorded it as a revenue in 2000 which resulted in inflating the revenue. By the end of 2001, the investor confidence in Enron had started to decline and reported its first quarterly loss on October 6. Shortly after, the SEC announced that they will be opening an investigation into Enron and its SPV’s. Lastly, after Dynegy backed out from the merger with Enron, Enron filed for bankruptcy. Many of the executives were eventually charged. Kenneth Lay, the former CEO of the company, was convicted on six charges of fraud and conspiracy, as well as four counts of bank fraud, but died before he could be sentenced. The fall of Enron caused President Bush to sign the Sarbanes-Oxley Act, which is intended to safeguard investors from corporate malfeasance. Enron's bankruptcy was also the largest in US financial history at the time. When subjective data is provided at the end of an audit, it may provide false information to investors, managers, and regulators of such organizations. As a result, there is a significant demand for auditing information to show the present operation of the firm while avoiding being subjective in character, as this information is depended upon. Due to the fact that this information is depended upon by a large number of people, there is a huge need for auditing information to show the present functioning of the firm while avoiding being subjective in character. Accountants are frequently hired to conduct audits for businesses. These accountants may be skilled in their field, yet they might conduct poor audits that tamper with a company's records. The main cause of their inefficiency and inaccuracy in conducting audits is not corruption, but rather unconscious bias, which they frequently practice. WHAT WENT WRONG? Enron Corporation was a company that achieved great success and top status as an energy provider, with multiple other business ventures that propelled its fame to even greater heights. However, the tremendous fall of the company previously dubbed “Wall Street’s Darling” changed the way the world perceived corporate governance and business administration forever. It is believed that the beginning of the end of Enron was when the company transitioned from a traditional historical cost accounting system to the MTM (Mark to Market) accounting method. It is a method of accounting where assets and liabilities are measured using their fair value which can change over time. This transition was approved by the SEC in 1992 as the primary aim of this method was to provide a realistic view of a company’s financial situation. However, this system of accounting allowed Enron to easily manipulate losses and gains as the fair value of an account is naturally more difficult to determine. This practice of accounting allowed the company to devise schemes that led to the extreme overstatement of profits and understatement of losses. In fact, when the company had finally restated their earnings as far back as 1997, Enron had losses of $591 million dollars, and incurred debt of $690 million - all this was hidden from their creditors and investors prior to the fall out. The company also employed the practice of off-the-books accounting, and used fake holdings to ensure only a minimal loss was recorded on Enron’s books. A fake holding, otherwise known as a false company, is a dummy company or corporation that is created as a cover for one or more other companies. Fake holdings may appear and present themselves as a legitimate and real company with an official logo, a website, and sometimes it may even employ actual personnel. However, it lacks the capacity to function independently. Enron’s practice would be to build an asset (like a power plant, for example) and immediately recognize the projected profit in its books as earned, when in fact, it has not earned a single thing from the constructed asset. If the actual revenue the asset earned was less than the company’s initial projection, instead of recognizing the appropriate loss, the company would actually transfer the asset to an off-the-books corporation which absorbed the loss for Enron. This granted the company the ability to write off any unprofitable activities without hurting its bottom line. These off-the-books accounting practices included the creation of SPVs or Special Purpose Vehicles. Special Purpose Vehicles are separate legal entities that have for their purpose a single specific task which can also act as a bankruptcy-remote for the company which created it. Enron believed in the rising value of its stocks and so these SPVs were entirely capitalized using Enron’s stock which , unknown to the investing public, would affect the SPVs ability to hedge Enron’s listed assets not to mention the fact that Enron and it’s SPVs had some conflicts of interest. Thus, when Enron’s stock price started to fall, the value of it’s SPVs fell as well which revealed all the losses and debts they were hiding. In a revelation of the company in November 2001, it revealed that this practice allowed them to inflate their income levels by $586 million dollars. By the following month, the company had filed for bankruptcy and shares that were once traded at $90.75 had plummeted to $0.26. A major enabler in the happening of all these events is attributed to Enron’s accounting firm which at the time was Arthur Andersen LLP and partner David B. Duncan. The firm knew of the company’s poor and fraudulent practices and they allowed this to happen for years giving their approval to these false reports. The firm had been working with the company for 16 years before its downfall and it overlooked large sums of money that were missing which allowed the company to hide their losses. The firm was considered one of the top five accounting firms in the United States at the time so when controversies about Enron’s scandal had surfaced, these allegations extended to them. In fact in June of 2002, the firm was convicted on the grounds of obstruction of justice for destroying Enron’s financial documents to hide them from the SEC. They were accused and found guilty of destroying not only physical documents but also emails and computer files. The firm was also shown to have not been practicing the generally accepted accounting principles in their reports. With the culmination of all these practices surfacing, Enron started to fall. RED FLAGS Enron’s Revenue Accounting Enron's major performance driver and measure of success was revenues, not profits. The use of distorted, inflated revenues was more crucial to it in generating the image of outstanding business performance. To conceal its financial records, Enron utilized a range of deceptive and fraudulent accounting methods and tactics. As Enron was a company that trades energy, it was reasonably acceptable that the main focus of determining the value and profitability of their stocks would be the unrealized, noncash gains. Frequently, these profits depend on assumptions and estimates about future market factors, the details of which the companies do not provide, and which time may prove wrong. This is a normal system when it comes to Enron’s type of business model. The soaring prices of their stocks and the abnormal increase of their average growth per year was what successfully attracted investors and caught the attention of the center of American capitalism, Wall Street. However, this was a red flag in itself, considering how the hyper-inflated revenues were accompanied with a very low gross profit margin. Such information has piqued the interest of some financial analysts even before the declaration of bankruptcy and prompted them to ask for the company’s balance sheets. However, such a request was strongly denied. Further investigation on the misuse of the merchant model and MTM accounting method revealed that over 95% of the profits in 2000 were simulated through these techniques. Enron’s Company Culture The influence of a powerful risk-taking culture on Enron's controls and the cultural context around Enron's management control systems, indicated red flags in the company's downfall. Enron served as a model for how a lack of attention to changes in leadership and culture may derail what appears to be an excellent management control system on the surface. Enron’s Performance Review System The Peer Review Committee (PRC) structure was a crucial link in Enron's management controls. The PRC system was created with the goal of aligning employee actions with the company's strategic objectives, as well as retaining and rewarding exceptional performers in a fair and consistent manner. Every six months, each employee received a performance assessment based on feedback categories. No matter how competent they were, the poorest 15% received a “5,” which meant they were sent to “Siberia,” a separate region where they had two weeks to find another job at Enron. This encouraged the formation of private networks of loyal personnel who sought protection from prominent individuals. Despite the fact that the RAC Group employed very knowledgeable risk management personnel, they became increasingly hesitant to reject projects that appeared to be problematic over time. Rejecting them meant the risk of losing their incentives, prompting them to seek vengeance during the PRC process. Furthermore, they were not likely to reject recommendations out of fear of actual Skilling implications. Skilling’s Leadership Skilling’s leadership style molded Enron’s culture which had complete control over practically every aspect of the company, particularly its accounting practices, which were designed to manipulate reported earnings to satisfy investor expectations. The use of special purpose companies (SPEs), accounting "reserves for contingencies," and mark-to-market accounting, which instantly recognized gains from long-term deals, hence showing only short-term results. Skilling also employed a variety of techniques to transform company culture in a way that rewarded attempts to exploit and bend the rules by subverting management controls. Under Skilling's leadership, a high-performance culture developed that both institutionalized and accepted distorted behavior. Compensation Structure Compensation plans were designed to enrich executives rather than boost profits or shareholder value that emphasized the value of rewards and status. Enron added a condition to stock option incentives that if earnings and stock prices grew sufficiently, vesting timelines might be accelerated more quickly, allowing executives to get their stocks sooner. Skilling rewarded traders who fulfilled their earnings targets with hefty compensation packages, bonuses, and stock options; in 1999, Enron granted 93.5 million stock options, up from 25.4 million in 1996. The competitiveness of the Skilling-designed Peer Review Committee (PRC) was enhanced by Enron's compensation structure, which was a major mechanism for synchronizing individual and corporate goals. Employees utilized many strategies to take advantage of the system. The praise for "creative risk-taking" and "revolution" led to violating legal and ethical boundaries. Traders began to force through overvalued agreements. As a result, the reality of Enron's business activities contradicted its Code of Ethics. By mid-2006, sixteen Enron accounting and finance executives had pleaded guilty to a variety of criminal charges, including deceptive accounting and falsifying quarterly profits reports. KEY TAKEAWAYS Always Ask why. This was the motto of the company Enron and before an individual must venture into something they must first ask the question Why?. You should never invest in things that you do not understand and learn from the mistakes of the past because the investors of Enron did not understand its business model because Enron had a complicated business model. It is also very important for the company to gain the trust of the public because when the revelations of frauds in Enron began, the firm lost the public trust making it impossible to conduct business as a trader and a party to thousands of contracts. Once doubts were set in the public, as brought partly by the mysterious hit to equity and Enron's inability to give an answer to the public about what it meant, other suspicious Enron moves began to emerge.The end result was that these disclosures caused a crisis at Enron, sending its stock plunging and clients fleeing. Good corporate governance. There should be integrity, healthy corporate culture, and ethical behavior in the company. In Enron’s case, its corporate culture played an important role in its collapse. When there were failures and losses in their company performance, what they did was cover up their losses in order to protect their reputation instead of trying to do something to make it correct. Because of this, many professionals argue that, in reality, most business organizations do not have good corporate governance practices and executives would always act in their self-interests. This element of corporate governance means that we should always act with the highest integrity. Regardless of the situation, we should always seek to find the truth and do the right thing. It is also essential that we ensure full disclosure and transparency to all stakeholders including the reporting of financial information. In addition, Enron had various internal control weaknesses such as Andersen who served as Enron’s external auditor and as its internal auditor. That is why Andersen’s work as a consultant raises several questions. To be professional and effective, auditors must be independent of management and assess the financial representations of management for all users of financial statements. In Enron’s case, it appears that Andersen’s audit team, when they were faced with an accounting dilemma, chose to ignore and consented in silence about these bad accounting schemes. Therefore, the board of directors must pay attention to the behavior of the management, its people and the way of making money. REFERENCES: (n.d.). Retrieved from http://large.stanford.edu/courses/2018/ph240/smith1/ A Chronology of Enron's Recent Woes - WSJ Caplinger, D. (2018, December 2). 3 lessons From ENRON'S Bankruptcy, 17 years later. The Motley Fool. https://www.fool.com/investing/2018/12/02/3-lessons-from-enrons-bankruptcy-17-years-later.as px. Dharan, B. and Bufkins, W. (2008). Red Flags in Enron's Reporting of Revenues & Key Financial Measures. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1172222 Enron Accounting Scandal Explained! A Frequent Accounting Interview Question! (2020, February 23). Retrieved August 18, 2021, from https://www.youtube.com/watch?v=SMT5v5zT5KQ Free, C. et al (2007). Management Controls: The Organizational Fraud Triangle Of Leadership, Culture And Control In Enron. 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