Term Paper on Enron Scandal By Marta Astorga Marta Astorga Business 1040 Term project 17 April 2014 The Enron Scandal Background Enron began business in 1986 as a small pipeline company out of Houston. At that time Enron's goal was to create the first national gas pipeline. Unfortunately for Enron, the gas industry was regulated by the government, meaning they were told how much to charge for power, and profits were set a maximum. Kenneth Lay was one of the key spokesmen when it came to deregulation of the energy market, much because of his personal connection to the Bush family. In the early 1990's the United States congress approved a legislation that deregulated the sale of natural gas. Not long before this Lay was one of the initiators that made it possible to sell electricity on the free market. This major deregulation in the energy market gave Enron the opportunity to sell their energy at higher prices, which equivalently lead to greater revenue. This was the start of Enron's journey from an energy company to a trading company. The focus went from energy markets to finding new ways of earning money. Large investments were made around the world to expand its business and open for new markets. Enron was named America’s most innovative company six years in a row by Fortune's Most Admired Companies survey. This made the company attractive for top graduates out of the best universities across America, which gave the company more competence and a big urge to strive forward (Doran, James, 2004). In 1990, Jeffery Skilling joined Enron Corporation and in 1997, he was appointed as the company's Chief Executive Officer. Skilling demanded to change Enron's accounting system from a straightforward kind of accounting were Enron had listed actual revenue and costs of supplying and selling gas to the mark-to-market accounting system. The mark-to-market method requires estimations of future incomes when a long-term contract is signed. These estimations were based on the future net value of the cash flow, costs related to the contract were often hard to predict. This means that the estimated incomes from projects were included in Enron's accounting even though the money was not yet received and if there were any changes such as additional income or loss it would show up in subsequent periods. Investors were given misleading information because of the deviation in the estimations. Enron was the first nonfinancial company to use the mark-to-market method. The U.S. Securities and Exchange Commission gave Enron their approval to use the method on January 30, 1992. (McLean & Elkin, 2004) Enron was by 1992 the largest seller of natural gas in North America, their earnings before interest and a tax was $122 million. To grow further, Enron followed a differentiation strategy that were based on that the company owned and operated a variety of assets, pipelines, broadband services, paper plants, water plants and electricity plants. Enron did not only make money on its assets, it also traded actively with contracts of the products and services it provided, making further revenue. This made Enron a favorite among investors and between 1990 and end of 1998 Enron's stock price increased 311%. The increase didn't stop there, 1999 it increased 56% and 2000 it increased an additional 87%. The index for the market the same two years was +20% and -10%. Enron's stock price was 83.13 dollars and its market value was just above 60 billion dollars the 31 December of 2000. (The fall of Enron, 2003) In August, Jeffrey Skilling, CEO of Enron, announced his resignation, which was a huge sign that turmoil was about at Enron, thereby launching an SEC investigation into the problems of Enron. In October 2001, Enron was forced to disclose a third-quarter loss of 618 million dollars. Through bad accounting practices, Enron somehow overstated the company's net worth of about 1 billion dollars (Lindstrom, 2004). Enron entered into this mess when they started taking losses as a result of bad business ventures. They hid the losses by moving Enron's assets into these special purpose entities (SPE), and when they did so they reported the assets as sales to external companies. These SPE's are supposed to be isolated from the parent company but in Enron's case this was untrue and the SPE's depended on Enron management and stock capital. When auditors forced Enron to bring these SPE's back into the company the sales from moving the assets into the SPE's was lost and this explains the 1 billion dollar charge. Arthur Andersen, LLP, should have noticed these problems internally and been fixed sooner, but due to very complicated financial maneuvers they were never found. Andersen did not move to ever investigate Enron, because they were so closely tied with Enron executives and they were making a lot more money serving as a consulting firm to Enron then they were as auditors. When Andersen finally found the problem with the accounting procedures they knew an SEC investigation would take place, therefore they began shredding internal documents that could be used against them in court. Andersen was correct, although the federal government could not prove that the auditing procedures used by Andersen were illegal, they did charge Andersen with obstructing justice for shredding internal documents. Enron in some cases just didn't just hide the losses of the SPE's they created profits that the entities could not possibly produce. Unfortunately, Enron executives who were responsible for the shady accounting practices were able to escape this debt by selling off most or all of their shares in the company before the stock price fell greatly. The lower level employees who had invested in average of 62 percent of their retirement funds in the Enron stock found that their retirement was worth absolutely nothing when the stock plummeted from a high of 98 dollars to 1 dollar. Furthermore, those that were 50 years of age and were eligible for selling their stock were not allowed. They also froze employee's pension plans, but this freeze on the retirement plan was not effective among Enron executives. Many people lost their jobs in the wake of the collapse and found out their retirement was history. In late 2001 Enron declared bankruptcy under Chapter 11 of the United States Bankruptcy Code (Anonymous, 2002). Enron split up and was sold in several divisions to the highest bidders (Lindstrom, 2004). Enron's core business, the energy trading company, has been negotiating in a complex deal with UBS Warburg. The bank has not paid for the trading unit, but will share some of the profits with Enron. Centrica, part of the former British Gas, has bought Enron's European retail arm for 96.4 million pounds. Dynegy, a smaller rival, has won a key pipeline in the United States after merger talks fell through. The pipeline was then resold to Warren Buffet. The power project in India's Maharashtra state, the biggest foreign investment project in India, is still for sale (GUTMAN, 2002). As a result of the Enron scandal, many other large corporations were forced to restate their financial reporting. Many telecommunications companies felt the wake of the Enron scandal when their restated balance sheets showed much less revenue. Stock prices of some of the largest companies fell at an average of one third while technology stocks dropped 70 percent. 700 companies were found to be using creative accounting and bookkeeping techniques and were forced to restate earnings for the past 5 years. Two very large companies, WorldCom Inc. and Global Crossing, went bankrupt as a result of the Enron scandal (Lindstrom, 2004). More along the aftershock of the Enron Scandal would cause reformation of most corporate behavior. Congress passed the Public Company Accounting Reform and Investor Act which created an entirely new law which gave much more power to the government to oversee accounting procedures in corporations. The law created a Public Accounting Oversight Board which was allowed to set new accounting principles to investigate companies and certified public accountants that adherently did not conform to the new standards, and fine them for violations of these standards. And because Enron's accounting firm was able to audit and consult Enron, which was entirely too casual, now auditing and consulting must be separated. The bill also caused stiffer punishment for chief financial officers, strict disclosure laws, and any information that could be potentially hazardous to an investor's share price had to be disclosed much sooner. As a result, many accounting firms have "tightened their belt" in hope that they will not end up like Arthur Anderson, LLP (Bryce, R. (2002). The Enron Scandal is one that should have never taken place. Political administrations and profit earning corporations cannot be so closely tied as they are now, the people should run the country, not the corporations. Also, thanks to new legislation, auditors of accounting firms will no longer have casual relationships with the audited corporation and therefore "creative accounting" can no longer take place. Works Cited Lindstrom, Diane. "Enron Scandal." Microsoft Encarta Online Encyclopedia (2004): 29 pars. 9 Dec 2004 . Anonymous. "BBC News | In Depth | Enron." BBC News (Feb 2002): December 9, 2004. Gutman, Huck. "Enron Scandal: The Long, Winding Trail." Common Dreams News Center (Feb 2002): 24 pars. 9 Dec 2004 Dorans, James (2004-05-14) Enron Staff win $85m, The Times, 2012-12-01 Enron scandal, http://en.wikipedia.org/wiki/Enron_scandal 2012-12-01 McLean & Elkin, P. (2004). “The smartest guys in the room” New York. Fortune Bryce, R. (2002) Pipe Dreams: Greed, Ego, and the death of Enron. Oxford: Public Affairs. Healy, Paul M. Krishna G. Palepu. (2003), “The Fall of Enron” Journal of Economic Perspectives Poster sites http://www.biography.com/people/ http://img.docstoccdn.com/thumb/orig/68380012.png http://time.com/time/printout/0,8816,197668,00.html http://baltimorepostexaminer.com/wp-content/uploads/2012/12/Eron-management-team Marta Astorga Reflections Business 1040 I have learned many things by doing this research. One of the things I have learned is doing a research is really time consuming, but it helps you get a better understanding of what research you are doing. Another thing I learned from doing this research is history that happened in our Country, which I had no Idea happened. The last thing I learned was there are always consequences for your actions; Enron Scandal is a great example. From doing this research I was able to understand what led to the Scandal. In class I just got the message that Enron cooperates where doing bad things, but with doing this research I got great deals of what bad or unethical practices they were doing. I also got to learn the meaning of deregulation and market-to- market, which I found interesting. I didn’t know that free market have the will to charge high interest and high prices if wished that is something new I learned. I didn’t have Idea that this happen in our country. I am the type of person who likes history and for some reason this is the first time I have heard of Enron or the scandal. New laws were placed due to the bad practices done by the Company. Doing this research has helped me get a better understanding of why some laws at work are placed. To be honest I like it that way so that the owners of the company don’t take advantage and let the company fall for bad practices. Many employees unaware of the situation suffered greatly even up to being jobless. I am a strong believer in consequences for your actions; Enron is a great example of what happens when unethical practices are being done with in cooperation. Many people served time in jail, many people lost their jobs, and new laws needed to be put to prevent situations like this to happen again. I really enjoyed doing this project. I t made me get a better understanding on history of Enron Scandal.