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Shi Huangdi is offline Shi Huangdi
Emperor
Pittsburgh, PA
Apr 1999
time: 00:33
  Old Post 14-01-2004 09:51
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Enron CFO to plead guilty! Support Apolyton, buy GURPS/ Alpha Centauri

quote:
(CNN) -- Former Enron chief financial officer Andrew Fastow and his wife have agreed to plead guilty for their roles in the accounting scandal that rocked the corporate world and brought down the energy giant, sources with knowledge of the case said Tuesday.

The sources, who asked not to be identified, would not disclose details of the agreement.

It's expected the couple will enter their pleas in federal court in Houston Wednesday, the sources said, adding that any deal could still fall apart.

Fastow spokesman Gordon Andrew refused comment on the report, and the Justice Department had no comment.

Fastow and his wife Lea Fastow have been negotiating with the government for months. An attorney for Lea Fastow said last week the two were trying to get an agreement that would allow one of them to remain at home with their two children while the other was serving prison time.

Andrew Fastow is the highest-ranking executive charged in the Enron scandal, and is the alleged mastermind behind the web of complex accounting deals that led to the energy giant's bankruptcy more than two years ago.

A tentative trial date is set for April 20 for him.

If a plea agreement is indeed reached, Fastow could implicate his bosses, former Enron CEOs Jeffrey Skilling and Kenneth Lay, who are still under investigation but have not been charged.

Andrew Fastow was indicted on 78 counts of wire fraud, money laundering and conspiracy in October 2002 by a federal grand jury in Houston. A superseding indictment returned last May increased the number of charges against him to nearly 100 counts.

The charges against him allege that he masterminded a series of schemes that hid Enron's debt, inflated profits and allowed him to skim millions of dollars for himself, his family and friends and colleagues.

Lea Fastow, once an assistant treasurer at Enron, is charged with conspiracy to commit wire fraud, money laundering conspiracy and filing false tax returns for collaborating with her husband in the alleged scheme years after she left the company.

She resigned from the company in 1997, a year before her husband was named chief financial officer.

Lea Fastow is scheduled to stand trial February 10.

Michael Kopper, who worked for Andrew Fastow, was the first Enron executive to plead guilty. In August 2002, he pled guilty to federal charges of conspiracy to commit money laundering and conspiracy to commit wire fraud. He also agreed to help investigators.

Kopper agreed to cooperate with prosecutors and pay $12 million in restitution as part of a plea-bargain deal. He was released on $5 million bail. (Full story)

CNNfn correspondent Jen Rogers contributed to this report.


He's going to jail. Let's hope he is able to implicate Lay at last.

Lord Merciless is offline Lord Merciless
Warlord
USA
Jul 2002
time: 22:33
  Old Post 14-01-2004 09:53
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We need to get Skilling and Lay into jail and into paying billions.

Ramo is offline Ramo
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Austin, Texas, USA
Oct 1999
time: 23:33
  Old Post 14-01-2004 10:09 Visit Ramo's homepage!
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And now back to insider business as usual.

Imran Siddiqui is offline Imran Siddiqui

Deity
The Potterverse
Jan 1970
time: 00:33
  Old Post 14-01-2004 10:17
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So say the uninformed... thanks Ramo .

JohnT is offline JohnT

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Mar 1999
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  Old Post 14-01-2004 19:47
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When it comes to actual crimes committed, Fastow and Skilling are the key guys.

Lay (from what I've read) for the most part allowed them to do what they did by the simple matter of not trying to find out... it was like "I don't know how your making your money and I don't want to know: just keep doing it." Of course, allowing such an environment to develop is a crime too.

Cruddy is offline Cruddy
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Mar 2003
time: 05:33
  Old Post 14-01-2004 19:50 Visit Cruddy's homepage!
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Never mind the CFO - will he implicate the CEO or will he do 999 years on Pluto?

(I think he'll deal. Most of us would given the choice).

SpencerH is offline SpencerH
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Feb 2002
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  Old Post 14-01-2004 19:57
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HANG THE BASTARDS!!!

JohnT is offline JohnT

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Mar 1999
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  Old Post 14-01-2004 19:59
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quote:
Originally posted by Cruddy
Never mind the CFO - will he implicate the CEO or will he do 999 years on Pluto?


Considering that Fastow is the mastermind behind the illegal deals that destroyed Enron one can hardly "not mind" him, you know?

Shi Huangdi is offline Shi Huangdi
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Apr 1999
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  Old Post 14-01-2004 20:06
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True. But for political reasons, Lay is obvious the more important target.

Cruddy is offline Cruddy
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Mar 2003
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  Old Post 14-01-2004 20:10 Visit Cruddy's homepage!
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quote:
Originally posted by JohnT


Considering that Fastow is the mastermind behind the illegal deals that destroyed Enron one can hardly "not mind" him, you know?


But Fastow could not have acted without the go ahead from his superior - sure, he could have embezzled a mountain of dough, but to actually structure a whole company takes more than just being the Chief Financial Officer.

I mean, you sound like "The S.D killed all the Jews in the Holocaust" and then totally ignoring Hitler's role. Factually it's true (Hitler didn't work light his own gas ovens) but it over simplifies responsibility.

JohnT is offline JohnT

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Mar 1999
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  Old Post 14-01-2004 20:18
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Yeah, it comes with being the top guy. However, now that Fastow has cracked, we'll likely see a rather swift conclusion to the Lay and Skilling cases (well, maybe not Skilling as he sounds too prideful to plead).

I think I've heard "ten years" bandied about in re: to the Fastow's sentences. My question is this: Assuming for simplicities sake that Fastow is the major crook*, the one who really brought down Enron, how big should Lay's sentence, as Fastows boss, be for allowing such a permissive culture to exist?

*From the above article:

quote:
Andrew Fastow is the highest-ranking executive charged in the Enron scandal, and is the alleged mastermind behind the web of complex accounting deals that led to the energy giant's bankruptcy more than two years ago.

JohnT is offline JohnT

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  Old Post 14-01-2004 20:22
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quote:
Originally posted by Cruddy


But Fastow could not have acted without the go ahead from his superior - sure, he could have embezzled a mountain of dough, but to actually structure a whole company takes more than just being the Chief Financial Officer.


Enron (and a lot of companies) didn't work like that, however. Fastow's authority was actually derived from Skilling and the Board (he needed Board approval to do some of the things he did), and for the most part Lay was a non-player in the LJM* deals.

*From memory... I'll look it up, but essentially Fastow set up three "funds" that were set up for the purpose of moving non-performing assets off Enrons books as to manipulate earnings and inflate the (Enrons) stock price.

Last edited by JohnT on 16-01-2004 at 18:33

JohnT is offline JohnT

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  Old Post 14-01-2004 20:27
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Lay was CEO. Skilling was President. Fastow was Treasurer. Fastow reported to Skilling who reported to Lay. Skilling gave Fastow the go-ahead and, at times, deceived Lay and the Board as to what was really going on.

Now, I agree: Lay is ultimately responsible for creating such a permissive culture, but, in my readings, he didn't actually give any orders to defraud - Fastow and Skilling did.

TCO is offline TCO
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Richmond, VA
Jan 1970
time: 00:33
  Old Post 15-01-2004 05:43
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Skilling used to work at my firm.

JohnT is offline JohnT

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Mar 1999
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  Old Post 15-01-2004 06:04
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You're with McKinsey?

TCO is offline TCO
Emperor
Richmond, VA
Jan 1970
time: 00:33
  Old Post 15-01-2004 06:07
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Not any more. Left a year after we had dinner. Still it is like being in the mafia...

JohnT is offline JohnT

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Mar 1999
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  Old Post 15-01-2004 18:40
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quote:
Still it is like being in the mafia...


So I've read. Skilling came to Enron by way of his work at McKenzie, which apparently is a common occurance at that firm. And I can understand it: a job that allows you to evaluate potential employers at their expense, while at the same time allowing you to ooh and ahh them with your wizardry? Almost too good an opportunity to pass up.

In chapter 3 of The Smartest Guys in the Room, the culture of McKinsey is described as follows:

quote:
Operating on the belief that intellectual brawn is more important than practical experience, McKinsey prefers to hire new consultants straight out of places like Harvard Business School rather than from industry itself. In fact, it's hard to think of a place that believes in the value of brainpower more than McKinsey. The firm spends a great deal of time sorting out stars from the merely superbright; perhaps not surprisingly, those who prosper there often develop a smug superiority. A McKinsey partner once told Forbes: "We don't learn from clients. Their standards aren't high enough. We learn from other McKinsey partners."... Indeed, the firm likes to think of itself as bringing enlightenment to the business world. McKinsey ideas often sound incredibly compelling, even pure, in a way that makes it impossible to believe they could ever be corrupted. But like Skilling himself, McKinsey partners tend to be designers of ditches, not diggers of ditches. When it comes to executing their lofty theories, well, consultants lean toward leaving those messy realities to the companies themselves.


Sound familiar?

MichaeltheGreat is offline MichaeltheGreat
Apolyton Grand Executioner
mooning the house that Ruth built.
Oct 1999
time: 21:33
  Old Post 15-01-2004 22:29
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quote:
Originally posted by Cruddy


But Fastow could not have acted without the go ahead from his superior - sure, he could have embezzled a mountain of dough, but to actually structure a whole company takes more than just being the Chief Financial Officer.

I mean, you sound like "The S.D killed all the Jews in the Holocaust" and then totally ignoring Hitler's role. Factually it's true (Hitler didn't work light his own gas ovens) but it over simplifies responsibility.


Ken Lay (I've known him casually since the mid-'80s) is a very hands-off type of manager - like it or not, you don't put a lot of scrutiny on CFO's and COO's, most likely because there's an implied issue that if you have to scrutinize those positions extensively, you have the wrong people in them.

Fastow's deal is a sweetheart deal - although the announcement said 10 years without parole, that will still translate to around 7-8 years served. He is estimated to have gotten about 45 million directly out of these bogus offshore company deals, not counting other money (salary, bonuses, past stock options) that he got while engaged in these criminal activities. He will forfeit less than 24 million, so he's 20+ million ahead, (country club prison time at more then 3 mil per year served, not bad, not bad) again not counting his other earnings during that time period.

He's not going to be hurting, compared to the cost of trial, a much stiffer minimum sentence even with a Motion for Downward Departure under the FSG, and trial would provide evidence for a much greater asset forfeiture.

Lay and Skilling's lawyers (and Lay would have a much better chance with this) will try to skin Fastow alive as a dirty witness, precisely because he got such a good deal for his testimony - and the picture their defenses will paint is that Fastow only got that deal because he promised to deliver his higher ups. Unless there's a lot of corroboration, I'd expect Lay, and possibly Skilling as well, to beat any charges that result primarily from Fastow's testimony, unless they plead to a Lea Fastow style handslap because it's cheaper than trial and runs less jury risk.

The Mad Monk is offline The Mad Monk
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Mar 2000
time: 23:33
  Old Post 15-01-2004 23:08
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From what I heard this morning, Fastow is going to deliver a lot more than just his higher-ups, and the Fed have reserved the right to prosecute him in a number of other felonies worth a couple of centuries more in prison time, if he dosen't continue cooperating -- enough.

TCO is offline TCO
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Richmond, VA
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  Old Post 16-01-2004 09:04
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John, the real McK is both better and worse than what that kind of book says. But the nuclear navy is a way more special subculture.

MrFun is offline MrFun
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Nov 2000
time: 23:33
  Old Post 16-01-2004 11:39 Visit MrFun's homepage!
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quote:
Originally posted by TCO
Still it is like being in the mafia...


The gay mafia??

Imran Siddiqui is offline Imran Siddiqui

Deity
The Potterverse
Jan 1970
time: 00:33
  Old Post 16-01-2004 12:25
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Hmmm.. I wonder where Sava and his loony left ilk are now... you know the ones that said Enron was getting away with everything because they were connected to Bush (while ignoring the money they gave to the Dems as well, btw..)

Cruddy is offline Cruddy
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Mar 2003
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  Old Post 16-01-2004 15:53 Visit Cruddy's homepage!
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quote:
Originally posted by MichaeltheGreat


Ken Lay (I've known him casually since the mid-'80s) is a very hands-off type of manager - like it or not, you don't put a lot of scrutiny on CFO's and COO's, most likely because there's an implied issue that if you have to scrutinize those positions extensively, you have the wrong people in them...


Possible guilt by ommission then... but I'm not going to comment further on Enron until the court cases are finished.

Thanks very much for you comments and insights MtG.

To be honest, Brit media coverage of Enron has been coloured mostly by the cash figures involved and no real focus on responsibility (because of sub judice media restrictions - they're not supposed to comment on ongoing trials, even in other countries).

JohnT is offline JohnT

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Mar 1999
time: 00:33
  Old Post 16-01-2004 18:44
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quote:
Originally posted by TCO
John, the real McK is both better and worse than what that kind of book says. But the nuclear navy is a way more special subculture.


It's a typical business profile, written by two senior-writers for Fortune magazine, about a story with a definite ending and a cast of good and bad guys.

Actually, there are very few good guys in this book, I'll grant. But then - Enron cooked their books for well over a decade and nobody on either side of the aisle (business or government) bothered to take notice, so there aren't that many good guys to begin with.

If this book favors anybody it favors the press, which should be a given since it is written by the woman who claims to have broken the Enron story open in March 2001. A couple of whistle-blowers get favorable mention as well.

MichaeltheGreat is offline MichaeltheGreat
Apolyton Grand Executioner
mooning the house that Ruth built.
Oct 1999
time: 21:33
  Old Post 16-01-2004 21:54
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quote:
Originally posted by Imran Siddiqui
Hmmm.. I wonder where Sava and his loony left ilk are now... you know the ones that said Enron was getting away with everything because they were connected to Bush (while ignoring the money they gave to the Dems as well, btw..)


Enron is still getting away with everything. For the simple magnitude of his crimes, Andy Fastow should never see the outside of a prison again. 10 years is about right for Lea Fastow and most of the others, and the asset forfeitures are peanuts compared to the scale of the frauds committed.

Separate from the screwing of the worker bee level employees and the investor fraud, there are tens of billions in losses by Enron customers and contractors who got hung out to dry without warning.

What is happening is nothing more than the level of token handslapping necessary to bury Enron from widespread public consciousness.

And most of the few *******s who will do any time will still be multimillionaires when they're done with their time, while everyone else on the receiving end just get to suck wind.

JohnT is offline JohnT

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  Old Post 16-01-2004 21:56
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Precisely, Mike.

Sava is offline Sava
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GO GO GO!
Mar 2001
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  Old Post 16-01-2004 22:54
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quote:
Hmmm.. I wonder where Sava and his loony left ilk are now... you know the ones that said Enron was getting away with everything because they were connected to Bush (while ignoring the money they gave to the Dems as well, btw..)
I'm still here Imran... oh yeah, Andrew Fastow... the patsy... I'm sure he's the only one who did something illegal. When Ken Lay is burnt at the stake, then maybe you can open your mouth...

crony capitalists

Imran Siddiqui is offline Imran Siddiqui

Deity
The Potterverse
Jan 1970
time: 00:33
  Old Post 16-01-2004 22:58
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quote:
When Ken Lay is burnt at the stake, then maybe you can open your mouth...


Like MtG said:

Ken Lay (I've known him casually since the mid-'80s) is a very hands-off type of manager - like it or not, you don't put a lot of scrutiny on CFO's and COO's, most likely because there's an implied issue that if you have to scrutinize those positions extensively, you have the wrong people in them

So keep crowing how Lay has to go to jail for a long time or else Bush has gotten him off... we all know this is partisan bashing by you anyway .

Sava is offline Sava
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Mar 2001
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  Old Post 16-01-2004 23:02
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Yes, MtG knows Ken Lay... riiiiiggghhhttt

I got a bridge I'd like to sell you Imran...

MichaeltheGreat is offline MichaeltheGreat
Apolyton Grand Executioner
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Oct 1999
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  Old Post 16-01-2004 23:29
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quote:
Originally posted by Sava
Yes, MtG knows Ken Lay... riiiiiggghhhttt

I got a bridge I'd like to sell you Imran...


Savita - Half the industry knows Ken Lay - he's a big conference and industry groups and shmoozer guy, especially during the gas dereg days of the 80's when he was proselytizing open access and transitional cost settlements and I was analyzing transitional costs for a lot of clients. So he was interested in everyone and everything relating to transitional costs, since that was the major focus of implementing gas supply deregulation in the mid-80's.

If he ever stops in your neighborhood, even you might have the chance to ask him "Would you like fries with that?" He's just that kind of guy.

 
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