The Enron Scandal
The Enron Scandal
The Enron Scandal
Enron was formed in 1985 by Kenneth Lay after merging Houston Natural
Gas and InterNorth. Several years later, when Jeffrey Skilling was hired, he
developed a staff of executives that by the use of accounting loopholes,
special purpose entities, and poor financial reporting were able to hide
billions of dollars in debt from failed deals and projects. Chief Financial
Officer Andrew Fastow and other executives not only misled Enron's board of
directors and audit committee on high-risk accounting practices, but also
pressured Andersen to ignore the issues.
Enron shareholders filed a $40 billion lawsuit after the company's stock price,
which achieved a high of US$90.75 per share in mid-2000, plummeted to
less than $1 by the end of November 2001.[2] The U.S. Securities and
Exchange Commission (SEC) began an investigation, and rival Houston
competitor Dynegy offered to purchase the company at a very low price. The
deal failed, and on December 2, 2001, Enron filed for bankruptcy under
Chapter 11 of the United States Bankruptcy Code. Enron's $63.4 billion in
assets made it the largest corporate bankruptcy in U.S. history until
WorldCom's bankruptcy the next year.[3]
Many executives at Enron were indicted for a variety of charges and some
were later sentenced to prison. Enron's auditor, Arthur Andersen, was found
guilty in a United States District Court of illegally destroying documents
relevant to the SEC investigation which voided its license to audit public
companies, effectively closing the business. By the time the ruling was
overturned at the U.S. Supreme Court, the company had lost the majority of
its customers and had ceased operating. Enron employees and shareholders
received limited returns in lawsuits, despite losing billions in pensions and
stock prices. As a consequence of the scandal, new regulations and
legislation were enacted to expand the accuracy of financial reporting for
public companies.[4] One piece of legislation, the Sarbanes-Oxley Act,
increased penalties for destroying, altering, or fabricating records in federal
investigations or for attempting to defraud shareholders.[5] The act also
increased the accountability of auditing firms to remain unbiased and
independent of their clients.