Broadening the inquiry into Enron's collapse, federal investigators who have been examining the esoteric details of off-the-books partnership schemes are now looking at such basics as whether the company misled investors about the value of hard assets like pipelines and power plants, according to people involved in the case. \nThe new inquiry represents a focus on the sort of run-of-the-mill accounting issues that have been raised in numerous corporate fraud cases in the past. Under examination, these people said, is whether Enron carried assets on its books for billions of dollars more than their actual worth. \nOne person involved in the case described this avenue of investigation as an effort by federal officials to determine whether Enron had "a WorldCom problem." Prosecutors have charged executives of WorldCom, the telecommunications giant that joined Enron in bankruptcy court earlier this year, with shifting expenses around on its books in an effort to mislead investors about the company's financial health. \nA year after Enron's collapse, investigators are engaged in what has become a virtual post mortem of the company's business dealings and its possible transgressions of criminal law. Investigators are examining accusations of self-dealing and accounting fraud, securities fraud involving the company's broadband unit, energy market abuses and insider trading. \nThe investigation is now reaching what people involved in the case describe as an important turning point. In the next few weeks, they said, federal prosecutors plan to bring what is known as a superseding indictment against Andrew S. Fastow, the company's former chief financial officer, who was charged earlier this year in a 78-count indictment. \nThe superseding indictment will add charges, name new defendants, or both, according to these people. Prosecutors are expected to settle on a course of action soon, they said. \nThe investigation's new direction, if it proves fruitful, could offer prosecutors not only a case that is easier for a jury to understand, but also another means for pursuing evidence of possible criminal activities up the management ranks at Enron. \nIn indicting Fastow, prosecutors outlined the role they believe was played by the company's former chief accounting officer, Richard A. Causey, in improper activities involving one off-the-books partnership. Any evidence that they now develop of improper accounting decisions might allow prosecutors to exert greater pressure on Causey to strike a deal. \nBut people involved in the case said Causey had not signaled a willingness to plead guilty to any charges. Reid Weingarten, a lawyer for Causey, declined to comment. \nInvestigators have centered their attention on four areas: accounting and partnership issues like those involving Fastow; Enron's energy trading activities; possible insider trading by Enron's former chairman and chief executive, Kenneth Lay; and possible misrepresentations of the financial prospects of Enron's broadband division. \nThe first area has already resulted in two guilty pleas, as well as the filing of charges against Fastow. The trading investigation, involving charges that the company manipulated the California energy market during the state's power crisis, has also resulted in a guilty plea, from a former top trader. \nThe investigation of Lay, on the other hand, has run into complications that may make it difficult to bring charges, people involved in the case said. \nLay's lawyers have told the government that his stock sales were forced by the falling price of Enron shares he used to secure loans, leading to demands from financial institutions that he post more collateral. And because Lay sold his shares back to Enron, rather than into the open market, it becomes harder for prosecutors to demonstrate that he possessed information that the company lacked -- a key element of insider trading. No final decision has been reached, however, on whether charges will be brought, according to the people involved in the case. Investigators examining Enron's broadband division, touted by the company from 1999 to last year as being core to the company's future growth, have been moving aggressively. \nIn recent weeks, agents of the FBI arrived unannounced at the homes of some broadband executives, confronting them with what the agents said was potential evidence of fraud. \nSome former executives have begun cooperating with the inquiry and have testified before a grand jury, people involved in the case said. They include Lawrence M. Lawyer, a former finance executive who pleaded guilty to tax violations, and Timothy N. Belden, a former senior trader who pleaded guilty to conspiring to manipulate the California energy market. \nThe broadband investigation began as an examination of a transaction known as Grayhawk. That deal allowed Enron to profit by taking a position in its own stock before the announcement of a big purchase of Sun Microsystems computers intended to form the backbone of the broadband unit's expansion. \nNow, people involved in the case say, the investigation has broadened to look at whether Grayhawk was part of a wider effort to drive up Enron's stock price by issuing misleading statements about the broadband division's performance. \nIn particular, prosecutors are said to be examining statements made at meetings with Wall Street analysts in 2000 and 2001 about the prospects and performance of the division. In addition, they are looking at whether the division failed to promptly recognize reversals of income that had been booked on the basis of projections that proved to be inaccurate. \nThe simultaneous investigation into whether Enron was knowingly carrying assets on its books at inflated values developed as a result of actions taken by the new managers installed at the company after it filed for bankruptcy protection. \nLast April, the new management filed a statement with the bankruptcy court saying that, by its estimates, the value of the assets on Enron's balance sheet would have to be written down by about US$14 billion. \nMuch of the reduction was the result of assets losing value in the wake of the bankruptcy filing, the new management team said. But the company's statement said there were also potential problems with "valuations of several assets the historical carrying value of which current management believes may have been overstated due to possible accounting errors or irregularities." \nIt did not identify those assets, but witnesses have told government investigators that primarily three Enron holdings are involved. \nThe largest of these assets, according to people involved in the case, is Enron's Houston Pipeline, which moves energy products throughout Texas. \nThe pipeline is worth about US$800 million, according to former executives, but was carried on Enron's books at a value of more than US$4 billion -- a sum unchanged since Enron was created through the purchase of Houston Natural Gas by InterNorth, another energy company. \nIn that acquisition, InterNorth paid several billion dollars more than the total book value of Houston Natural Gas and chose to write up the value of the gas company's assets, a so-called fair value adjustment under accounting rules. \nAt the time, the former executives said, Enron's accountants argued that Houston Pipeline would be extremely valuable in the future, when it could be used as a hub in a nationwide pipeline system. \nBut, as the years passed, Enron sold parts of Houston Pipeline. Since no acquirer was willing to pay the value that had been assigned to the system, accounting rules normally would have required Enron to record a loss on those sales. To avoid that outcome, Enron shifted billions of the fair value adjustment from the pipeline itself onto a storage area associated with it. \nThough the assumptions that had allowed Enron to inflate the pipeline system's value were ultimately undermined, the company never restated the value of the assets, people who have examined the company's financial records said.
From the customer’s perspective, car rental is a straightforward business. The only uncertainty is whether the hire company will charge you for the scratch they discover when you hand back the vehicle. Hertz Global Holdings Inc’s bankruptcy protection filing on Friday last week was a reminder that today even the simplest business models are underpinned by a lot more financial complexity than meets the eye. The proximate cause of Hertz’s demise was of course the sudden collapse in bookings caused by COVID-19 travel restrictions. The company’s monthly revenue last month fell 73 percent year-on-year, a shortfall that even the most resilient
Uber Technologies Inc, Lyft Inc and Airbnb Inc have slashed thousands of jobs. Salesforce.com Inc and Visa Inc are letting employees work remotely for months; Twitter Inc and Square Inc are allowing them to do so for good. For the companies’ hometown of San Francisco, the moves are early signs of a dire blow. In a city with a long history of booms, busts and natural calamities, the COVID-19 pandemic has suddenly upended nearly a decade of prosperity. While municipalities across the US are grappling with economic fallout from the virus, San Francisco stands to take a deeper hit given its high
‘ONE-STOP SHOP’: A Miaoli official said that the factory in the Jhunan section of the Hsinchu Science Park would create more than 1,000 jobs and boost prosperity A new high-end IC packaging and testing plant planned by contract chipmaker Taiwan Semiconductor Manufacturing Co (TSMC, 台積電) in Miaoli County is expected to start operations in the middle of next year, Miaoli County Commissioner Hsu Yao-chang (徐耀昌) said. Hsu wrote on Facebook that TSMC, the world’s largest pure wafer foundry operator, would invest NT$303.2 billion (US$10.1 billion) to build the plant, the largest-ever single investment in Taiwan. However, TSMC declined to disclose the financial terms of the deal, while a company board meeting on May 12 approved a spending plan worth NT$168.2 billion as part of its investment plans. Construction of the
BULK PURCHASE: The French chain and Hong Kong-based Dairy Farm International reached a deal covering 224 stores, which is expected to be finalized by year’s end Carrefour SA yesterday announced it would acquire Wellcome Taiwan Co (惠康百貨) for 97 million euros (US$108.33 million), and bring all the Wellcome supermarkets (頂好超市) and Jasons Market Place stores nationwide under its banner within 12 months of the deal closing. The France-based hypermarket chain reached an agreement with Hong Kong-based Dairy Farm International Holdings (牛奶國際控股), the pan-Asian retailer that launched Wellcome Taiwan in 1987. The transaction involves 199 Wellcome supermarkets, which have average sales areas of 420m2 and 25 high-end Jasons Market Place stores, which have an average sales area of 820m2, as well as a warehouse in Taoyuan, Carrefour Taiwan (家樂福)