Did Enron’s bankers, auditors, and attorneys contribute to Enron’s demise? If so, how?

Did Enron’s bankers, auditors, and attorneys contribute to Enron’s demise? If so, how?

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June 14, 2021
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The example of Enron shows how an aggressive corporate culture that rewards high performance and gets rid of the “weak links” can backfire. Enron’s culture encouraged intensen competition, not only among employees from rival firms but also among Enron employees themselves. Such behavior creates a culture where loyalty and ethics are cast aside in favor of high performance. The arrogant tactics of Jeffrey Skilling and the apparent ignorance of Ken Lay further contributed to an unhealthy corporate culture that encouraged cutting corners and falsifying information to inflate earnings.
 
The allegations surrounding Merrill Lynch’s and Arthur Andersen’s involvement in the debacle demonstrate that rarely does any scandal of such magnitude involve only one company. Whether a company or regulatory body participates directly in a scandal or whether it refuses to act by looking the other way, the result can be further perpetuation of fraud. This fact was emphasized during the 2008-2009 financial crisis, in which the misconduct of several major companies and the failure of monitoring efforts by regulatory bodies contributed to the worst financial crisis since the Great Depression. With the country recovering from widespread corporate corruption, the story of Enron is once again at the forefront of people’s minds. Andy Fastow has stated that businesspeople are falling into the same trap as he fell into at Enron and believes fraud is “ten times worse” today than it was during Enron’s time.
 
The Enron scandal has become legendary. In 2005, four years after the scandal, a movie was made about the collapse of Enron called Enron: The Smartest Guys in the Room. To this day, Jeffrey Skilling continues to maintain his innocence. In April 2012, the Supreme Court denied his appeal, claiming that any errors made in the trial were negligible. However, a federal judge later reduced Skilling’s sentence to 14 years. Skilling should be out of prison by the time you read this case. It remains to be seen how he will conduct himself after release and how he will reflect on his role in Enron. Many agree that Andy Fastow has made a contribution by taking responsibility for his misconduct and providing his perspective on preventing accounting fraud. Enron’s auditor, Arthur Andersen, faced over 40 shareholder lawsuits claiming damages of more than $32 billion. In 2009, the defunct company agreed to pay $16 million to Enron creditors. Enron itself faced many civil actions, and a number of Enron executives faced federal investigations, criminal actions, and civil lawsuits. As for the giant tilted “E” logo so proudly displayed outside of corporate headquarters, it was auctioned off for $44,000.
 
Did Enron’s bankers, auditors, and attorneys contribute to Enron’s demise? If so, how?

Answer and ExplanationSolution by a verified expert

Explanation

The bankers, auditors, and attorneys have important roles in ensuring the company's financial statements are accurate and provide investors with truthful information about its financial performance.

The law firm with which Company E had transacted were responsible for crafting opinion letters required to support the legality of the company's special partnerships despite its questionable purpose. Without these letters, many of Company E's financial transactions would not have taken place.
Company E's transaction with its banker allowed it to fraudulently record a profit even when there was no actual profit made. Despite the bank's own internal documents suggesting it was a potentially fraudulent deal, the banker pushed on with the transaction.
Company E's auditors are responsible for certifying the accuracy and truthfulness of its financial statements. When the nature of the company's special partnerships were put in question, it should have triggered further auditing and held off certification until the partnerships have been satisfactorily explained.

Sample Response

Company E filed for bankruptcy after an elaborate setup to manipulate financial information was uncovered. There is evidence that, due to the complexity and large-scale nature of the fraud, other entities were also involved in the company's eventual collapse.

Company E's attorneys were responsible for structuring its special partnerships that were used to conceal the company's losses. Despite not admitting any liability to the company's bankruptcy, it agreed to pay a large sum of money as a settlement for the charges.
The company transacted a questionable deal with its banker, which was interpreted by the bank's internal document as a fraudulent income statement manipulation. Upon discovery, the bank agreed to pay a large sum of money to settle the charges.
The bank performed questionable investment practices that contributed to the company's losses that were further exacerbated by the economic recession.
Despite failing to understand the nature of its special partnerships, the auditor continued to certify Company E's financial statements. This lead people to suspect the large consultation fees Company E paid to the auditor influenced its decisions.
The auditor destroyed evidence of its auditing documents related to Company E, resulting in a guilty verdict of obstruction of justice.

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