One Year Anniversary of Enron Scandal
WASHINGTON –
Sen. Carl Levin's, D-Mich., Senate floor statement on the one
year anniversary of the Enron scandal follows:
One
year ago today, the public first began to learn of the accounting
frauds that led to the collapse of Enron Corporation. For the first
time, investors learned of special purpose entities used to make
Enron's financial condition look better than it was and of
partnerships run by Enron's chief financial officer. One year ago
today, the press first reported the $1 billion loss in Enron's
shareholder equity and a $700 million loss in earnings. Less than
two months later, Enron's reputation as a well-run company and a
good investment morphed into that of a bankrupt operation with
billions in unpaid debt.
As the
scandal unfolded, Enron's employees lost their jobs and their
pensions. Its stockholders lost their shirts. Its accounting firm
lost its credibility and its ability to operate as an auditor. About
the only ones to walk away from Enron's fall intact were a number of
executives who pocketed millions of dollars in compensation despite
the company's collapse. Other executives are now beginning to pay
the piper for their misdeeds.
Of
course, Enron was only the beginning. Within six months, the press
was inundated with reports of multi-billion-dollar accounting frauds
at other major publicly traded corporations in the United States. We
learned that Worldcom had misreported $3 billion in expenses, a
figure which has since doubled to more than $7 billion. We learned
that Aldephia had made billions of dollars in unsecured loans to
corporate insiders, especially members of the Rigas family. We
learned that Tyco had made not only unreported loans to corporate
executives and directors, but its CEO appears to have cheated on his
taxes. The list of companies associated with accounting frauds or
other corporate misconduct kept increasing, shaking not only Wall
Street, but also Main Street where more than half of U.S. households
are directly or indirectly invested in the stock market.
The
result is that, today, investor confidence in U.S. financial
statements and the U.S. accounting profession lies in tatters. The
stock market itself has compiled its worst record in
years.
The breadth and depth of this corporate misconduct
galvanized Congress. Over the past year, we conducted detailed
investigations into what happened. We subpoenaed documents. We held
hearings. We issued reports. And during the summer, we enacted into
law the Sarbanes-Oxley Act, a corporate reform law which calls for a
host of changes in the way U.S. business operates, including
overhauling accounting oversight, restoring auditor integrity, and
strengthening investor protections. This legislation was a strong
response to the corporate scandals, but the work is far from
over.
Enron's
one-year anniversary is a good time to recall what still needs to be
done.
First,
the SEC needs to implement the Sarbanes-Oxley Act. The most
important next step here is naming the members of the new Public
Company Accounting Oversight Board. This Board is charged with
strengthening auditor ethics, disciplinary proceedings, and conflict
of interest prohibitions to restore confidence in the U.S.
accounting profession. This work will require a frank acknowledgment
of past problems, a fresh examination of what works and what has
failed, and a willingness to break from past practice to increase
investor protections.
Some
impressive candidates have stepped forward to express their
willingness to serve on this board. One terrific candidate is John
H. Biggs who is about to retire from his post as Chairman and CEO of
TIAA-CREF. Mr. Biggs has the stature, expertise, and backbone needed
to lead this Board. He is the right man at the right moment to
restore integrity to U.S. financial statements and the U.S.
accounting profession, and the SEC ought to immediately accept his
offer to serve the public as a member of this important new
board.
The SEC
also has a host of important regulations to issue over the coming
year – a task that will require continued Congressional oversight.
One of the most important is the requirement that companies disclose
all material off-the-books transactions, arrangements, obligations
and relationships. While the Financial Accounting Standards Board or
FASB has issued a proposal to strengthen accounting rules regarding
special purpose entities, that addresses only a portion of the
problem and the SEC can and must do much more to strengthen
disclosure.
The SEC
must also set up the policies and procedures necessary to identify
and administratively bar those persons who are substantially unfit
to serve as officers or directors of public companies. Too many
officers and directors have turned their eyes away from misconduct,
failed to ask tough questions, or allowed fraudulent or questionable
activities to continue unchecked at the companies that are now the
subject of legal proceedings. We need stronger leadership in
corporate America and to eliminate those unwilling or unable to act
as fiduciaries for investors.
These
are just two of the many pressing regulatory issues facing the SEC
in implementing the Sarbanes-Oxley reform law. But it will take more
than Sarbanes-Oxley to end corporate misconduct and restore investor
confidence in U.S. markets. The list of unfinished business includes
at least the following items.
First,
Congress needs to recognize that the SEC is outgunned and outspent
and give the SEC the resources it needs to police financial
statements and detect and punish corporate misdeeds.
Second,
we need to give the SEC new civil enforcement authority to impose
administrative fines on company officers, directors, auditors,
lawyers, and others who violate federal securities laws. Right now,
the only wrongdoers the SEC can fine in administrative proceedings
are broker-dealers and investment advisers. My amendment to broaden
its authority to fine other violators of the securities laws never
received a vote during consideration of the Sarbanes-Oxley Act. I
intend to keep trying until that vote takes place.
Another
festering problem involves stock options. Stock option abuses have
not stopped, and dishonest accounting of stock option expenses
continues. That means that Congress still needs to set a deadline
for FASB to take appropriate action on the issue of expensing stock
options. Over 120 publicly traded companies have announced their
intention – on a voluntary basis – to begin expensing options.
That's a huge and welcome change from past practice. But many other
public companies have indicated they have no intention of expensing
options until required to do so. It's time to level the playing
field in favor of honest accounting of stock options.
Still
another continuing problem involves so-called corporate inversions,
when U.S. companies pretend to move their headquarters to an
offshore tax haven in order to avoid paying their fair share of
taxes. These offshore shenanigans are not only unpatriotic, they are
unfair to the taxpayers who have to pick up the slack and pay for
this country's military, security, law enforcement, and other needs,
many of which benefit the companies avoiding their fair share of
taxes. I plan to spend a significant amount of time over the next
year looking at issues related to offshore tax evasion and corporate
nonpayment of tax.
A few
years ago, this country had billions of dollars in surplus and a
growing economy. But that is over. One contributing cause is the
corporate scandals over the last year. Those arguing for tepid
reforms or the status quo will not provide the leadership needed to
end the corporate misconduct and investor fears now plaguing U.S.
markets. We need not only to complete the implementation of the
Sarbanes-Oxley law, but also to move ahead with additional measures
needed to restore investor faith in U.S. business. The one-year
anniversary of the Enron scandal is a good time to renew the call
for that unfinished business.
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