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Enron
commercials once proudly promoted the slogan "Ask
Why," but that seems all the more ironic after
what has transpired with the one-time industry giant.
And now we have a film that goes a long way to explain
exactly why Enron imploded.
Nominated for an Academy Award for Best Documentary,
Enron: The Smartest Guys in the Room
ranks among the timeliest films of the year. Houston
is braced for the trial of former Enron kingpins
Kenneth Lay and Jeffrey Skilling; the jury is being
selected as I write this. Defense lawyers are certain
to portray Enron's downfall as far too complex for
their vilified clients to have been aware of (despite
the fact that both were dumping its stock before
the corporation officially was declared bankrupt),
but Alex Gibney's documentary skillfully makes sense
out of the chaos. Filled with human tragedy (primarily
the employees who saw their Enron stock based 401K
plans evaporate), this is nothing short of a huge
corporate crime--a Ponzi scheme hatched to dupe
investors that inevitably collapsed.
Founded by Kenneth Lay in 1985 after merging two
natural gas companies, the Titanic and "house
of cards" are just two of the running metaphors
cited to describe Enron. Anyone believing that Lay
and Skilling were innocent victims has probably
also responded to confidential emails from former
top Nigerian government officials to retrieve multi-millions
of withheld assets. If the court allowed, the prosecution
should arrange for a private screening to ensure
itself of 12 angry jurors. No mercy for these two
scam artists, who certainly were aware that Enron
was concealing their losses and inflating imaginary
profits for years to boost its stock price--even
getting a number of banks and the once respected
Arthur Anderson accounting firm to go along with
the scam. Anderson instantly became the butt of
jokes and soon went down in bankruptcy flames, so
the defense lawyers won't be accepting former Anderson
accountants on the jury either.
The documentary doesn't require that you be the
"smartest guy in the room" to comprehend
the content. The narrative (voiced by Peter Coyote)
breaks down the fuzzy corporate math and identifies
the key players through a selected mix of interviews,
archive footage, news stories, company audio and
videotapes, and other visuals. Essentially, the
scheme relied on "creative" bookkeeping
that really took off when Skilling came aboard,
insisting on "mark to market" tactics
that must have become popularized during the brief
dot.com boom of the late 1990's. To keep Enron's
stock rising, it was vital to produce glowing quarterly
reports, and these mythological fantasies became
glowingly enhanced through Skilling's methodology--the
idea that Enron would estimate its future profits
and pass them off as current income.
I'm not sure what fraudulent figures they used to
obscure the 1 billion dollar bust suffered in India,
but the film plays back Skilling's "asshole"
comment when a skeptical New York market analyst
asks for hard-core financial statements that Enron
has consistently neglected for years. Skilling knows
damn well that he's operating with "smoke and
mirrors," even parodying his "mark to
market" strategy during an in-house skit about
the company's "Hypothetical Future Value."
If only more Enron employees had realized how close
this actually came to reality, more might have sold
their stock to preserve their retirement. (One interviewee
saw his retirement fund shrink from over $300,000
to $1,200; others weren't even that "lucky")
Most of the research relies on Fortune magazine
reporters Bethany McLean and Peter Elkind, who wrote
the definitive book on the subject--The Smartest
Guys in the Room: The Amazing Rise and Scandalous
Fall of Enron. Thus, the ground had been
broken, and the insiders used as sources for the
book remain remarkably candid on film. We're sure
to hear additional revelations from them as they
testify in the upcoming trial.
If we need additional evidence to illustrate what
a slimy organization Enron developed, a prominent
side story offers a vignette of former Enron executive
Lou Lung Pai, who frequented strip clubs and cashed
out a questionable $250 million before abruptly
leaving the company, eventually divorcing his wife
and marrying his favorite stripper (already pregnant
with his child). Even more chilling moments take
place when overhearing phone conversations from
Enron operatives mandating unnecessary rolling blackouts
to boost energy prices in deregulated California.
Who would've thought that Enron greed would eventually
lead to the election of Arnold Schwarzenegger?
The film makes no claims for being "objective."
The muckraking film offers a populist view of the
situation despite the fact that interviews with
regular employees are sparse. While lowly employees
were frozen from selling their stock after it had
dipped below the $35/share level, top executives
still cashed in some $170 million in stocks and
bonuses. Of course, much of that will fill the coffers
of lawyers--that's been going on ever since civilization
developed written law. Who's going to pay for the
29,000 people who lost their jobs and lost $2 billion
in pension funds, however?
Once a darling of Fortune magazine as "America's
Most Innovative Company" for six consecutive
years (1996 to 2001), the Enron story abounds with
Shakespearean tragedy and irony throughout--from
the re-enactment of executive Cliff Baxter's suicide
to the handcuffing of Lay and Skilling. Of course,
additional details can add unseen nuances to the
story; otherwise, the upcoming trial would be a
slam-dunk for the prosecution. Requiring complicity
across a number of fronts to pull off the greatest
corporate scam in recent American history, any attempts
to portray former CFO Andrew Fastow as scapegoat
just don't wash. Enron: The Smartest
Guys in the Room serves as an excellent
introduction to the mind-boggling corporate scandal
and should be required viewing for anyone that wants
to sort out the mess. It should screen for the Lay-Skilling
jury*, but the defense lawyers would fight to block
it. In fact, be sure to watch this if you have no
desire to serve on the jury since this is sure to
disqualify you.
*Note:
Lay and Skilling were found guilty, but Lay died
before the sentencing hearing began. Skilling
was sentenced to 24 years and four months in prison
and must forfeit $45 million for his part in the
massive fraud case.
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