Enron Untouchables

Enron Untouchables

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Tom White, who pocketed millions running Enron Energy Services, one of Enron’s more egregious frauds, remains Army Secretary even after lying to the Senate about his Enron holdings. White continues to say he didn’t mislead investors about EES’s profitability even as his former Enron employees describe how he goaded them to pretend the unit was making money when it was losing money.

Harvey Pitt, lawyer-lobbyist for the big five accounting firms, continues to serve his former clients as head of the Securities and Exchange Commission, where he defends self-regulation. George W. Bush rebuffed Treasury Secretary O’Neill’s recommendation that executives and accountants be held personally responsible for misleading investors, relying instead on Pitt’s SEC to oversee executives–even as his budget starves the agency of resources needed merely to retain its staff, much less police the Fortune 500.

Enron’s Ken Lay and Andrew Fastow remain at large, neither yet having seen the inside of a grand jury room. The secret partners in the off-balance-sheet enterprises remain undisclosed. The Justice Department–in an investigation headed by Larry Thompson, whose former law firm represented both Enron and Arthur Andersen–appears to be joining Pitt’s SEC in pushing Arthur Andersen to cop a plea and settle claims before discovery.

The Bush Administration is staffed with more than fifty high-level appointees with ties to Enron, as documented by Steve Pizzo in a study for American Family Voices. It dismisses all Enron inquiries with imperial disdain. The President stonewalls Government Accounting Office efforts to gain access to Dick Cheney’s Energy Task Force records while he continues to peddle the Enron energy plan, which lards more subsidies on big oil companies. Republicans held unemployed workers hostage to win passage of the corporate tax giveaways that Ken Lay lobbied for personally. And Bush continues to argue for turning Social Security into 401(k)-type retirement accounts like the ones that evaporated on Enron employees.

Each day brings another revelation of Enron’s remarkable penetration of the Bush Administration, but the White House refuses to reveal the contacts its appointees had with Enron officials and executives. One result is that too little attention has been paid to the delay in imposing price controls when energy companies, led by Enron, were gouging California and other Western states in last year’s ersatz “energy crisis.” Bush brags that his Administration did nothing to help Enron, but holding off on price controls bought enough time for Lay and other executives to unload substantial amounts of stock.

The Administration’s attempt to dismiss Enron as a business scandal, the case of a rogue company run by desperado executives, is laughable on its face. After all, Enron’s “Kenny Boy” Lay was Bush’s most generous financial patron. Enron’s business plan, such as it was, depended on political favors. Enron’s freedom from regulation was the result of political fixes. And now the fate of Enron’s policies and principals depends in large part on political calculations.

Yet the Bush dodge seems to be working. The press has done its job, but Democrats have failed to find their voices or their spines. If Enron had been a Clinton patron and Gore was in the White House, Congressional Republicans would have forced a special counsel and resignations of compromised officials weeks ago.

Concerned citizens–and Democrats with a pulse–should take off the gloves. White and Pitt should be forced to resign. The criminal investigation should be taken out of the hands of compromised Republican appointees and placed under an independent prosecutor. Enron’s energy, tax and privatization plans should be exposed and defeated. And fundamental reforms to protect investors, defend retirement accounts, shut down tax havens, and hold corporate executives, accountants and lawyers personally and criminally accountable are long overdue. For that to happen, voters will have to teach a lesson to the Enron conservatives of both parties who continue to betray their trust.

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