END-RON PART ONE
Oscar Wilde famously said that a cynic knows the price of everything but the value of nothing. It stands to reason, then, that cynics should have been well represented in the investor base of Enron, as they pushed to the moon the stock price of a company that in retrospect had no real value other than as anchorage for an astonishing collection of ninnies and frauds. But cynics, of course, would never have bid ENE to the 90s in the first place. Cynics generally are not welcome in the bidness, as they call it in Texas, world; in bidness (as opposed to business) you gotta be blue skies all the time, and skeptics are commies or worse. Ken Lay epitomized this, in the incessantly cheery and patently false corporate reports issued by Enron in his name up until this past summer. .
Well, Enron’s blue sky—one evidently unmarred by the accountant’s green eyeshade to boot—has not only clouded over, but is raining down a storm of recrimination and scandal so fierce that it’s booted the war right off the front page. Corporate fraud and duplicity can only go so far in explaining such a stunning and ongoing misapprehension of reality on the part of so many people involved with the Enron debacle as employees, employers, investors, analysts, accountants … the list goes on. The story is now embracing even the Indian subcontinent. The full measure of the Enron disaster and the blame for it can only be attributed to an optimism that was dangerously, almost seditiously, unchecked by any sense of … er, cynicism. So maybe we need to stand Wilde’s observation on its head: it is now the cynic who, in the wake of first the technology stock-market bubble and now the Enron disaster, will need to take the lead in determining what the true value of things are, since the seduction of price has shown to be keenest not with the cynic, but with the optimist.
The names of the players are rapidly becoming well known. One imagines somewhere a fantasy scandal league is holding a draft. There is the position of corrupt honcho [chairman Ken Lay, CEO Jeff Skilling]; there is the position of document thresher [David Duncan of Arthur Anderson is the obvious first-round pick, even though he looked pretty hapless up there taking the Fifth, so counsel Nancy Temple, with her mantra of “To the best of my recollection …” is a sleeper choice here.] There are elected officials who are impressively outraged [Billy Tauzin of Louisiana, who looked great in the combine on Thursday, January 25th], and predictably inept [Joe Lieberman, who invariably will start with the same kind of old-maid scolding that he directed at Hollywood during the election]. And the big prize is the most likely Big Fish to fall. Will it be Karl Rove and his $100,000 worth of ENE that he sold before Bush took office? Or maybe Cheney and that mysterious energy cabal that either caused or didn’t react to (I forget which) the California energy crisis? Or maybe it will be Dubba himself, longtime friend of fellow Texan Lay
As Jim Cramer and Larry Kudlow both have noted on their CNBC cable show, “America Now” [look for Enron to do for that show what the Iranian hostage crisis did for “Nightline”], this really is the new Watergate [Enrongate does have a certain clunky ring to it], complete with document destruction and mirky financial transactions. All we need now is to learn how E. Howard Hunt is connected to it, or to hear about an Enron middle manager who offers, a la G. Gordon Liddy, to be shot on a street corner in Houston so that everything can be covered up. [Speaking of which, this just in. Truth really is stranger than fiction.]
Now that both the national media and the independent blogtocracy has seized on the Enron matter, a thousand different angles have been launched. Some should, and maybe even will, flounder. The most predictable and dispensable one is the attempt to politicize Enron and serve it up in the grand tradition of Conduit/Levy and Clinton/Lewinsky. It is fortunate that the company spread its cash over both parties, which should forestall this from becoming too much of a political circus. Nevertheless, wise heads are shaking in earnest, and as the Congressional hearings grind on, I can envision a manager pointing to his boss, who then fingers her boss, who then fingers Skilling or Lay, who then fingers someone in the Administration, and there you have it. The noxious nexus of corporate power and government greed always makes for a rippin’ good story—it’s certainly more interesting than discussing the failings of the Financial Accounting Standards Board (FASB)—and even for a Pulitzer or two, and the opportunity afforded by the Enron blowout will no doubt inspire many a wannabe muckraker.
Someone cleverer than I am recently noted that Big Media, having so thoroughly botched their reputations in their collective prediction of a military morass in Afghanistan, is just itching to get the nation’s attention focused on more familiar ground where the stink comes from rotten consciences and not rotting bodies, and where it can win back some measure of credibility. Enrongate, then, is a godsend, affording the Fifth Estate the opportunity to bring to bear the skills honed during the 90s when it read the entrails of O.J. and Jon Benet and Paula Jones. The more sophisticated, meanwhile, will brace themselves against the framework of James Stewart’s books and, going back a bit to the 80s, of Drexel Birnham Wood and Dusinane, and make hay over various questions about business ethics and government’s responsibility to rope in the bull of Mammon when it gets too rambunctious. The wisdom of government involvement in a situation that in all probability will be self-correcting is an issue generally left hanging in these analyses--until, that is, the blowback (to use a phrase now popularized in a different context) of the new government intervention has warped yet another business cycle.
What is rather surprising is the newfound zeal demonstrated by some conservatives for government oversight. Some of this is disturbing, some good. Conservative godfather George Will advises Republicans that they have a responsibility to “police business outlaws” in the same way as Democrats have a responsibility to ride herd on the “ditziness of the cultural left.” It says a great deal about Will’s brand of “conservatism” that he thinks his crowd needs to “police” business but not the idiocy of their cultural right intent as it is on proscribe our individual freedoms with Saudi-like zeal. Kudlow is more sensible, calling for the Security and Exchange Commission to promote reform of accounting guidelines and corporate reporting while, appropriately, prescribing the hoosegow for Lay and Company for their flagrant violations of the ethical standards and practices that are essential to the proper functioning of capitalism. In fact, Kudlow advocates greater regulation of the accounting profession (I assume he means for the government to be the one to take up the cudgel, if necessary), which is surprising coming from such an outspoken free-market advocate. But then you consider that Arthur Anderson, Enron’s accountant-cum-advisor whose name grows muddier with each passing news cycle, practiced similar chicaneries in a case involving Waste Management years ago.
The problem is, once it starts, the press for government regulation can quickly become irresistible. Already you hear the call to arms of the class warfare crowd, like the inimitable Al Sharpton. Some think the Administration was lax in allowing the poor, ignorant, white-collar Enron shareholder to exercise their power of choice and invest in a company that was headed down the tubes. This puts the Democrats in the curious position of advocating for white-collar, affluent Texans, among whom there were probably precious few Gore supporters. This is the kind of crowed that doesn’t believe in government intervention no how, no way, unless of course it's when their blue skies turn gray.
It was quite the noisome spectacle a couple months back, when the scandal first began to go critical, when Congress gave a hearing to Enron employees bitching and moaning over losing their entire 401k’s in ENE’s disintegration. I'm sure these are the kind of people who are always keen on the need for taking "personal responsibility" for one’s actions, and that too many people want the government to save them from themselves. No doubt most of them thought it a good thing that so many high-tech and dot.com investors lost their shirt in the Nasdaq meltdown, since they weren’t really doing anything important like trading computer-bandwidth futures and establishing partnerships in the Cayman Islands.
Well, to all those 30-year Enron employees who suddenly woke up with their 401’s ko'ed, I say welcome to the club, keep a stiff upper lip, and don’t go blaming others for the fact your retirement savings have been wiped out. Buck up and get a job at Wal-Mart. After all, there was only a month-long lockdown period starting October 17th (before which any reader of the regular business press, not to mention Enron employees, must have known that something was rotten; Fortune magazine, for instance, raised serious doubts about it in its March 5, 2001 issue.) when employees could not sell their company stock. The reason why no one had complained over the years that Enron only matched employee contributions with company stock was that during that same time, the company’s stock price was violating all reasonable laws of appreciation, gliding to stratospheric heights on the back of revenue streams which were not only too good to be true, but which didn’t exist at all. Once Enron’s edifice began to crack, and all that debt leveraged on a stock price that was collapsing faster than the Taliban army was suddenly and unavoidably there, it was only a matter of time before grandmothers and other socially acceptable Enron investors and employees began to be paraded in front of Congress as “victims,” when what they were really victimized by, arguably, was their own greed and lack of skepticism.
Whether or not you buy my rather harsh judgment, it remains that the Enron situation is precious little rationale for the government to start going around to companies telling them how to run their retirement plans. Dot-comers and tech investors who were burned in the Nasdaq bubble of 1999 and early 2000 received little sympathy from the public; neither should these Enron investors. Investing in markets implies risk; if you don’t want to take it, there's always government bonds.
Oscar Wilde famously said that a cynic knows the price of everything but the value of nothing. It stands to reason, then, that cynics should have been well represented in the investor base of Enron, as they pushed to the moon the stock price of a company that in retrospect had no real value other than as anchorage for an astonishing collection of ninnies and frauds. But cynics, of course, would never have bid ENE to the 90s in the first place. Cynics generally are not welcome in the bidness, as they call it in Texas, world; in bidness (as opposed to business) you gotta be blue skies all the time, and skeptics are commies or worse. Ken Lay epitomized this, in the incessantly cheery and patently false corporate reports issued by Enron in his name up until this past summer. .
Well, Enron’s blue sky—one evidently unmarred by the accountant’s green eyeshade to boot—has not only clouded over, but is raining down a storm of recrimination and scandal so fierce that it’s booted the war right off the front page. Corporate fraud and duplicity can only go so far in explaining such a stunning and ongoing misapprehension of reality on the part of so many people involved with the Enron debacle as employees, employers, investors, analysts, accountants … the list goes on. The story is now embracing even the Indian subcontinent. The full measure of the Enron disaster and the blame for it can only be attributed to an optimism that was dangerously, almost seditiously, unchecked by any sense of … er, cynicism. So maybe we need to stand Wilde’s observation on its head: it is now the cynic who, in the wake of first the technology stock-market bubble and now the Enron disaster, will need to take the lead in determining what the true value of things are, since the seduction of price has shown to be keenest not with the cynic, but with the optimist.
The names of the players are rapidly becoming well known. One imagines somewhere a fantasy scandal league is holding a draft. There is the position of corrupt honcho [chairman Ken Lay, CEO Jeff Skilling]; there is the position of document thresher [David Duncan of Arthur Anderson is the obvious first-round pick, even though he looked pretty hapless up there taking the Fifth, so counsel Nancy Temple, with her mantra of “To the best of my recollection …” is a sleeper choice here.] There are elected officials who are impressively outraged [Billy Tauzin of Louisiana, who looked great in the combine on Thursday, January 25th], and predictably inept [Joe Lieberman, who invariably will start with the same kind of old-maid scolding that he directed at Hollywood during the election]. And the big prize is the most likely Big Fish to fall. Will it be Karl Rove and his $100,000 worth of ENE that he sold before Bush took office? Or maybe Cheney and that mysterious energy cabal that either caused or didn’t react to (I forget which) the California energy crisis? Or maybe it will be Dubba himself, longtime friend of fellow Texan Lay
As Jim Cramer and Larry Kudlow both have noted on their CNBC cable show, “America Now” [look for Enron to do for that show what the Iranian hostage crisis did for “Nightline”], this really is the new Watergate [Enrongate does have a certain clunky ring to it], complete with document destruction and mirky financial transactions. All we need now is to learn how E. Howard Hunt is connected to it, or to hear about an Enron middle manager who offers, a la G. Gordon Liddy, to be shot on a street corner in Houston so that everything can be covered up. [Speaking of which, this just in. Truth really is stranger than fiction.]
Now that both the national media and the independent blogtocracy has seized on the Enron matter, a thousand different angles have been launched. Some should, and maybe even will, flounder. The most predictable and dispensable one is the attempt to politicize Enron and serve it up in the grand tradition of Conduit/Levy and Clinton/Lewinsky. It is fortunate that the company spread its cash over both parties, which should forestall this from becoming too much of a political circus. Nevertheless, wise heads are shaking in earnest, and as the Congressional hearings grind on, I can envision a manager pointing to his boss, who then fingers her boss, who then fingers Skilling or Lay, who then fingers someone in the Administration, and there you have it. The noxious nexus of corporate power and government greed always makes for a rippin’ good story—it’s certainly more interesting than discussing the failings of the Financial Accounting Standards Board (FASB)—and even for a Pulitzer or two, and the opportunity afforded by the Enron blowout will no doubt inspire many a wannabe muckraker.
Someone cleverer than I am recently noted that Big Media, having so thoroughly botched their reputations in their collective prediction of a military morass in Afghanistan, is just itching to get the nation’s attention focused on more familiar ground where the stink comes from rotten consciences and not rotting bodies, and where it can win back some measure of credibility. Enrongate, then, is a godsend, affording the Fifth Estate the opportunity to bring to bear the skills honed during the 90s when it read the entrails of O.J. and Jon Benet and Paula Jones. The more sophisticated, meanwhile, will brace themselves against the framework of James Stewart’s books and, going back a bit to the 80s, of Drexel Birnham Wood and Dusinane, and make hay over various questions about business ethics and government’s responsibility to rope in the bull of Mammon when it gets too rambunctious. The wisdom of government involvement in a situation that in all probability will be self-correcting is an issue generally left hanging in these analyses--until, that is, the blowback (to use a phrase now popularized in a different context) of the new government intervention has warped yet another business cycle.
What is rather surprising is the newfound zeal demonstrated by some conservatives for government oversight. Some of this is disturbing, some good. Conservative godfather George Will advises Republicans that they have a responsibility to “police business outlaws” in the same way as Democrats have a responsibility to ride herd on the “ditziness of the cultural left.” It says a great deal about Will’s brand of “conservatism” that he thinks his crowd needs to “police” business but not the idiocy of their cultural right intent as it is on proscribe our individual freedoms with Saudi-like zeal. Kudlow is more sensible, calling for the Security and Exchange Commission to promote reform of accounting guidelines and corporate reporting while, appropriately, prescribing the hoosegow for Lay and Company for their flagrant violations of the ethical standards and practices that are essential to the proper functioning of capitalism. In fact, Kudlow advocates greater regulation of the accounting profession (I assume he means for the government to be the one to take up the cudgel, if necessary), which is surprising coming from such an outspoken free-market advocate. But then you consider that Arthur Anderson, Enron’s accountant-cum-advisor whose name grows muddier with each passing news cycle, practiced similar chicaneries in a case involving Waste Management years ago.
The problem is, once it starts, the press for government regulation can quickly become irresistible. Already you hear the call to arms of the class warfare crowd, like the inimitable Al Sharpton. Some think the Administration was lax in allowing the poor, ignorant, white-collar Enron shareholder to exercise their power of choice and invest in a company that was headed down the tubes. This puts the Democrats in the curious position of advocating for white-collar, affluent Texans, among whom there were probably precious few Gore supporters. This is the kind of crowed that doesn’t believe in government intervention no how, no way, unless of course it's when their blue skies turn gray.
It was quite the noisome spectacle a couple months back, when the scandal first began to go critical, when Congress gave a hearing to Enron employees bitching and moaning over losing their entire 401k’s in ENE’s disintegration. I'm sure these are the kind of people who are always keen on the need for taking "personal responsibility" for one’s actions, and that too many people want the government to save them from themselves. No doubt most of them thought it a good thing that so many high-tech and dot.com investors lost their shirt in the Nasdaq meltdown, since they weren’t really doing anything important like trading computer-bandwidth futures and establishing partnerships in the Cayman Islands.
Well, to all those 30-year Enron employees who suddenly woke up with their 401’s ko'ed, I say welcome to the club, keep a stiff upper lip, and don’t go blaming others for the fact your retirement savings have been wiped out. Buck up and get a job at Wal-Mart. After all, there was only a month-long lockdown period starting October 17th (before which any reader of the regular business press, not to mention Enron employees, must have known that something was rotten; Fortune magazine, for instance, raised serious doubts about it in its March 5, 2001 issue.) when employees could not sell their company stock. The reason why no one had complained over the years that Enron only matched employee contributions with company stock was that during that same time, the company’s stock price was violating all reasonable laws of appreciation, gliding to stratospheric heights on the back of revenue streams which were not only too good to be true, but which didn’t exist at all. Once Enron’s edifice began to crack, and all that debt leveraged on a stock price that was collapsing faster than the Taliban army was suddenly and unavoidably there, it was only a matter of time before grandmothers and other socially acceptable Enron investors and employees began to be paraded in front of Congress as “victims,” when what they were really victimized by, arguably, was their own greed and lack of skepticism.
Whether or not you buy my rather harsh judgment, it remains that the Enron situation is precious little rationale for the government to start going around to companies telling them how to run their retirement plans. Dot-comers and tech investors who were burned in the Nasdaq bubble of 1999 and early 2000 received little sympathy from the public; neither should these Enron investors. Investing in markets implies risk; if you don’t want to take it, there's always government bonds.