Enron employees who lost their pensions will have to wait
longer to get any of an $85 million settlement because two ex-Enron-CEOs and a
bank that worked on their pensions have appealed.
Ken Lay, Jeff Skilling and Northern Trust Co. asked a
federal appeals court to hear their complaints about being kept out of this
settlement. The deal had been approved by U.S. District Judge Melinda Harmon,
which uses two Enron insurance policies to pay the workers. Without an appeal,
workers could have been paid in a matter of months.
The $85 million-plus settlement is not a tremendous amount
of money when divided amongst all the ex-employees. About $17 million is set
aside for lawyers. The $69 million left amounts to about $3,500 per person
spread out over 20,000 workers. The actual division could differ.
When Jeff Skilling became CEO of Enron, it certainly
appeared as if that had always been his goal. The clause in his contract saying
he could bail out and collect $20 million if not named CEO was, according to
him, not the naked power play it appeared to be.
Skilling claimed it was Ken Lay's idea -- Lay realized that
Skilling was restless. As it became clear that Lay had every intention of
turning over the job to him, Skilling felt he had no choice but to accept the
position.
"Drive and ego, control and power," says a former
Enron executive who was close to Skilling. "You want the next job. Then,
on the other hand, you want a life." In his friend's view, Skilling was
genuinely conflicted, but he wasn't able to walk away from the prestige of
being an Enron executive.
Around 1995, Ken Lay had received complaints from a female
employee about Enron employees' antics at "gentlemen's clubs." Almost
certainly this was in reference to Lou Pai, CEO of Enron Energy Services,
although not exclusively.
Ken Lay responded by issuing a memo that Enron would no
longer pick up the tab at topless bars.
"When that memorandum came out, the trading floor went
completely quiet. There was a pall for two days," recalls one former ECT
executive.
When the Maharashtra
government pulled the plug on the Dabhol plant, it was extremely costly to
Enron, approximately $900 million wasted.
For Rebecca Mark, it was a different story. For one thing,
it made her rich. One executive remembers a conference call between Ken Lay and
Rebecca Mark, to discuss Mark's bonus for Dabhol. The cash-flow estimates she
had prepared, assumed, naturally, that everything would go smoothly, but Lay
offered no objections to her spreadsheet.
The project team split $20 million, of which Mark received a
huge chunk. Soon she was zipping around Houston
in a ruby-red Jaguar XK8 convertible. She had a Land Rover for the kids, a lake
house, a ten-acre retreat in Taos, and an
apartment on Manhattan's Upper
East Side.
Sherron Watkins was not the sort to keep issues to herself.
She spoke freely about it within her circle of friends. About this time, she
also called a friend in Global Finance.
"Enron's going down," she announced. "Andy
and Causey are Going to jail."
Watkins was no babe in the woods. She had helped manage the
JEDI partnership for Fastow, and had witnessed shenanigans at broadband, and
was well-versed in Fastow's conflicts at LJM.
But this was far more alarming. Even as she continued to
gather information, she raced to frightening conclusions. This was the worst
accounting fraud she'd ever seen!
A month after the 2001 analysts' meeting, Jeff Skilling and
Ken Lay held one of their own regular employee meetings. They took the
opportunity to announce Enron's new vision.
Clearly, the World's Leading Energy Company was no longer
grand enough. The management committee had held a half-dozen meetings to
brainstorm. The American executives loved the World's Coolest Company, but many
of Enron's foreign employees didn't know what it meant. Instead, they chose the
World's Leading Company.
Later in the meeting Skilling explained how one measured the
World's Leading Company, not that it had been in doubt.
The first phase of Enron's Dabhol, India
power plant started producing power in May 1999, almost two years behind
schedule. Then construction started on phase 2. Costs soared and would
ultimately climb to $3 biillion.
Then the whole thing came crashing down.
The MSEB refused to pay for all the power, and it became
clear that getting the government to honor the guarantees would not be an easy
task. Even though Mahrashtra suffers from blackouts to this day (and they're
getting worse). Even so, at the time it said it does not need and cannot afford
Dabhol's power.
Former Enron Energy Services CEO Lou Pai's passion for
'gentlemen's clubs' bled over into his work life.
One evening, Lou Pai joined an Enron group for a bachelor
party at Lipstick. At about 2 A.M., as everyone was preparing to clear out, an
unmarried member of the group asked Pai his secret: how did he keep his wife
from smelling the dancers' scent on his clothes?
"That's easy," Pai explained. "I go to a gas
station, and rub some gasoline on my hands, and it kills the perfume."
"If you do that, Lou," someone shot back,
"doesn't your wife think you're fucking the gas station attendant?"
Former Enron Broadband Services Co-CEO Joe Hirko said Friday
that when he told stock analysts in 2000 that Enron's network wasn't "a
pipe dream" but existed at that moment, he was telling the truth. He was
on the stand for the second day and will be back next week defending charges
that he lied to those analysts.
Hirko, on questioning from his lawyer Per Ramfjord, insisted
that nothing false was said at the analyst conference about the network
capabilities of EBS and that he never heard anyone plan to make
misrepresentations.
The jury in U.S. District Judge Vanessa Gilmore's court was
again shown snippets of video tape from the January 2000 conference that are
key to the charges. "Is this a pipe dream?" Hirko said in a video.
"No, this is something that exists today." He told the stock analysts
that Enron could control its network to deliver a "quality of service for
the Internet" never possible before.
When Jeff Skilling's ascension to the position of Enron CEO
was announced, by all appearances he was on top of the world. Business Week
celebrated his new position with a worshipful cover story, featuring Skilling
precisely as he wanted the world to see him, dressed in ultracool black,
electricity sizzling through his body.
Worth magazine described him as "hypersmart" and
"hyperconfident" -- and named him America's second-best CEO (behind
Microsoft's Steve Ballmer) before he'd even been on the job three months.
Merrill Lynch's Rick Gordon emailed Skilling to tell him
that David Komansky, the firm's CEO, was searching for "potential new
board members," and wanted to "get together" with him.
After construction on the Dabhol power plant was halted by
the Maharashtra government on August 3, Rebecca Mark's extraordinary efforts
not only brought the Maharashtra State Electricity Board back to the table, but
resulted in a new agreement: on February 23, 1996, Maharashtra
and Enron announced a new agreement.
Enron cut the price of power by over 20 percent, cut total
capital costs from $2.8 billion to $2.5 billion, and increased Dabhol's size
from 2,015 megawatts to 2,184 megawatts. And both parties formally committed to
developing the second phase. On December 10, 1996, Enron announced that the
financing for Phase I had again been secured, and that construction had
resumed.
As Sherron Watkins surveyed Enron assets to see what could
be sold, it didn't take her long to see a pattern. She started fixating on all
the losers Enron had hedged with the Raptors. She saw the cryptic footnotes in
Enron's SEC filings suggested Enron had used Special Purpose Entities to avoid
$500 million in losses in 2000 alone.
In the few months since the Raptors were restructured, the
value of the hedged assets had continued to fall. Of course, that mushrooming
obligation in the Raptors -- hundreds of millions -- was supposed to be covered
with millions of Enron shares, but their value had plummeted too.
On December 13, 2000, Enron announced that Jeff Skilling
would succeed Ken Lay as the CEO of Enron. Officially, power would change hands
in February 2001.
"I'm glad to see that Ken Lay has the presence of mind
to allow Jeff, who's really been running this show for a couple of years
anyway, to go ahead and take over," Merrill Lynch analyst Donato Eassey
told the New York Times, summing up the consensus view.
In the analyst community, there were rumors that Skilling
had forced Lay's hand by hinting that he had another job offer. Earlier that
year, Skilling had renegotiated his contract withthe following loophole: if he was not named
CEO by the end of 2000, he could leave the company and collect a payout of over
$20 million.
Sherron Watkins was a mid-level Enron veteran who had come
over to Enron from Arthur Andersen. Andy Fastow hired her in 1993. Like many
Enron employees, she was bright, mercenary and ambitious. Like many, she'd made
the rounds at Enron, moving from Enron Gas Services to International to
Broadband.
And like many of her colleagues, Watkins had earned her
biggest payday -- $175,000 bonus -- from a big deal (in 1999, in Korea) that
ultimately lost money. Long before that became apparent, she'd sunk the bonus money
and her Enron stock options into a heady new lifestyle -- a $500,000 home just
a few blocks from Andy Fastow's, vacations in Italy
and Mexico,
and a green Lexus SUV. Her base salary was about $150,000.
Lou Pai, CEO of Enron Energy Services, had a passion for
making money. His other passion was strip clubs. Topless bars had long been a
part of the old all-male oil-and-gas culture, and Houston was a breeding ground for their
latest incarnation: upscale "gentlemen's clubs" with a veneer of
polish and private VIP rooms, where a big spender could buy lap dances while
sipping Dom Perignon.
In the early 1990s, some gas industry dealmakers still
entertained out-of-town customers at such places. Pai wasn't there just with
clients; he could be found regularly after work, hanging out for hours at
Rick's Cabaret, The Men's Club, or Lipstick. One early ECT colleague recalls
jetting to Dallas Pai for an industry conference then heading straight from the
airport to a topless bar.
"We didn't even go to the convention, the only thing
Lou wanted to do was go to a strip joint," he said.