Article 4 of 1165 Financial Desk
THE ENRON INQUIRY Former Exec Says Enron Destroyed
Documents MEGAN GARVEY; LEE ROMNEY
01/22/2002 Los Angeles Times Home Edition Page
A-1 Copyright 2002 / The Times Mirror Company
HOUSTON -- Enron Corp. shredded documents after the company
came under federal investigation, attorneys for shareholders
said Monday, and the energy company said it would review the
allegations.
The claim that shredding took place in Enron's accounting
offices was made Monday by a former Enron executive who was
laid off from the company this month.
The executive, Maureen Castaneda, collected a box of
shreddings and will be a witness for plaintiffs suing over
stock losses in the Enron collapse, said attorney William
Lerach, who represents a group of shareholders.
"Not just one document was destroyed, but it looks like
hundreds of thousands were destroyed."
Lerach said he intended to raise the issue at a federal
court hearing here today.
Castaneda, a director in Enron's foreign investments
section, said in an interview with ABC News that she witnessed
the shredding of documents that began around Thanksgiving and
continued at least until she left the company in the second
week of this month.
Enron's accounting firm, Andersen, previously acknowledged
that thousands of documents related to Enron were shredded by
its Houston office. But Castaneda is the first to say publicly
that Enron destroyed relevant papers.
Paul Howes, an attorney working with Lerach, said text was
legible in some of the shredded documents and included
references to controversial partnerships such as Jedi II and
Chewco. Losses by such off-the-book partnerships played a key
role in triggering Enron's collapse.
Based on statements from witnesses, Lerach estimated that
possibly hundreds of thousands of documents were destroyed.
"We are investigating the circumstances of the reported
destruction of documents," Robert Bennett, a Washington
attorney who is representing Enron, said in a statement issued
late Monday.
Bennett said Enron had issued "several directives" in
October to all employees saying that "all relevant documents
should be preserved in light of pending litigation."
"If anyone violated those directives," Bennett said, "they
will be dealt with appropriately."
Ken Johnson, a spokesman for the House Energy and Commerce
Committee, said congressional investigators will look into the
allegations.
"This whole sorry affair keeps getting uglier by the
minute," he said. "It's one thing to make bad business
decisions. It's something else entirely to try to cover up bad
business decisions."
Howes said fired Enron employees were told to gather their
work papers in boxes and turn them over to company officials,
who went through them and shredded numerous documents.
He said the shredding began with the layoffs triggered by
Enron's Dec. 2 declaration of bankruptcy, and accelerated
during the Christmas and New Year's holidays. He said the
shredded documents were dated from at least 1994 through Dec.
20, 2001.
Enron spokesman Mark Palmer said the company does not "have
any knowledge of the material that the plaintiffs' attorneys
are parading in front of the media." But he said that if the
allegations prove true, the people responsible will be fired.
The company sent e-mails to employees on Oct. 25, Oct. 26,
Oct. 31 and Jan. 14 instructing them to retain all documents
dealing with "related-party transactions, SEC requests, or any
Enron transactions or accounting for those transactions," he
said.
The January e-mail was sent as a reminder after it was
revealed that Andersen had shredded Enron-related documents.
"These e-mails were very specific that employees who did
not follow these procedures were liable for civil or criminal
penalties," Palmer said.
Palmer confirmed that Castaneda was an employee at Enron
who left the company in a recent round of layoffs.
She was director of "foreign exchange and sovereign risk,"
analyzing currency exchange rates and the possibility that
companies outside the U.S. would nationalize assets.
Phil Schiliro, chief of staff to Rep. Henry A. Waxman
(D-Los Angeles), a senior Democrat on the House Energy and
Commerce Committee, said that if documents were destroyed, it
"raises the real possibility of obstruction of justice. We
need to know if Enron is destroying documents, and if they
are, learn what Enron is trying to hide."
Though many companies routinely shred old or sensitive
documents, business experts expressed surprise Monday that
Enron might have destroyed key records, particularly after the
company became the target of numerous lawsuits and government
investigations.
On Oct. 22, the company disclosed that the Securities and
Exchange Commission had launched a preliminary inquiry into
some of the company's partnerships.
"Under the circumstances, this could be a very serious
issue," said Nicholas Economides , business professor
at New York University's Leonard N. Stern School of Business.
"'When someone destroys documents, people start wondering
what was in those documents," Economides said. "Even if
they didn't say something horrible, a bad impression remains.
And at Enron, there's no justification. Certainly no one could
say they destroyed documents because they thought they were
unimportant."
Former employees reacted with concern and anger to the new
charges.
"It does take it to a new level," said Maritta Mullet, 58,
a 10-year employee who lost nearly half a million dollars in
would-be retirement benefit when the company crashed. "It's
criminal. You just don't destroy evidence."
The accusations of document shredding at Enron came as
congressional investigators continued preparations for a
hearing scheduled Thursday into the destruction of thousands
of documents by Chicago-based Andersen.
Congressional investigators said they will issue subpoenas
today for key witnesses who fail to commit to testifying at
Thursday's hearing.
The House Energy and Commerce investigations subcommittee
turned down an appeal Monday from David B. Duncan for more
time to prepare. Duncan was Andersen's lead partner on the
Enron account until he was fired last week for allegedly
destroying documents. Duncan maintains he was following
company orders.
"Apparently [Duncan] would like to have more time to
refresh his memory about events," said Johnson, who works for
committee Chairman Rep. W.J. "Billy" Tauzin (R-La.).
"The bottom line is he will agree to testify by [today] or
he will be subpoenaed," Johnson said. "All the witnesses have
been put on notice that they are expected to appear and will
face contempt-of-Congress charges and criminal penalties if
they do not."
In a letter to the committee Monday, Duncan's attorney,
Robert Giuffra, said it is premature to require his client's
testimony. Giuffra said Duncan wants to review boxes of
documents that Andersen gave the committee but has not yet
shared with him.
At issue is Andersen's destruction of documents relating to
Enron, shredding that took place even after the accounting
firm was aware that the SEC was looking into the company's
collapse.
In firing Duncan, Joseph F. Berardino, Andersen's managing
partner and chief executive, asserted that the 42-year-old
executive had organized the destruction of records. The firm,
he said, would not tolerate "unethical behavior, gross errors
in judgment or willful violation of our policies."
In private interviews with congressional staffers last
week, Duncan and another Andersen official, Michael C. Odom,
indicated that others at the accounting firm were "at the
table" when the memo regarding the destruction of material was
discussed, one congressional investigator said Monday.
Andersen attorney Nancy Temple sent a memo Oct. 12
reminding employees of the company's long-standing policy to
get rid of nonessential documents.
"Duncan and Odom said there were other partners and
managers at the table when the retention policy was handed
out," said an investigator, who spoke on the condition of
anonymity. "Employees were told to do no less or no more than
the policy called for."
A month later, and nearly three weeks after Enron disclosed
it was the subject of an SEC probe, Temple wrote another memo
instructing company employees to preserve Enron documents. As
of late Monday, she was the only one of four Andersen
executives summoned who has told investigators she will appear
on Capitol Hill for the Thursday hearing.
The inquiry has been called to investigate who was involved
in the destruction of evidence, which documents were destroyed
and why.
Odom, who was in charge of risk management at Andersen's
Houston office, was told Monday that he would be called to
testify. The subcommittee also has summoned Berardino, who has
been given the option of sending a proxy and who is familiar
with his company's internal investigation into the document
destruction.
In an appearance over the weekend on NBC's "Meet the
Press," Berardino did not indicate his plans for the hearing.
Enron's bankruptcy is widely considered to have the
potential to become a political scandal because of the
donations--almost $6 million over the last decade--to both
parties from the company's officers, directors, employees and
political action committee. Kenneth L. Lay, Enron's chairman
and chief executive, was one of President Bush's top donors.
A number of legislative efforts have been proposed to
prevent a reoccurrence of Enron's unraveling.
Sen. Barbara Boxer (D-Calif.) said Monday that she plans to
introduce a bill this week that would prohibit accounting
firms from also serving as consultants for the companies they
are auditing.
The practice, which in the case of Enron allowed Andersen
to earn more in consulting fees than from actual audit
charges, has been widely derided in the wake of the bankruptcy
as a clear-cut conflict of interest.
*
Garvey reported from Washington and Romney from Houston.
Times staff writers David Streitfeld, Jeff Leeds, Edmund
Sanders and Richard Simon contributed to this report.
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