Tauzin, Greenwood Want Documents
From Enron, Additional Meetings
With Senior Company Officials

tauzincorner.jpg (3663 bytes)

The Committee on Energy and Commerce
W.J. "Billy" Tauzin, Chairman

 

Washington (December 11) – House Energy and Commerce Committee Chairman Billy Tauzin (R-LA) and Oversight and Investigations Subcommittee Chairman James Greenwood (R-PA) have called on Enron Corporation to turn over specific documents relevant to the Committee’s continuing investigation into the company’s financial collapse.  

Additionally, in letters sent to Enron Chairman and Chief Executive Officer (CEO) Kenneth Lay and former Chief Financial Officer (CFO) Andrew Fastow, the Chairmen requested staff interviews with both current and former senior Enron employees as well as members of Enron’s Audit and Compliance Committee.  Last week, Committee investigators traveled to Houston to interview Enron’s current CFO, Jeffrey McMahon.

(Below are copies of the letters sent to Enron Chairman and CEO Kenneth Lay and former Enron CFO Andrew Fastow.)

December 10, 2001
Mr. Kenneth L. Lay
Chairman and Chief Executive Officer
Enron Corporation
1400 Smith Street
Houston, Texas 77002

Dear Mr. Lay:

This letter is to confirm our requests for certain Enron records made during a previous conversation between Committee staff and Enron’s Chief Financial Officer, Jeffrey McMahon, and a second conversation with Enron’s Assistant General Counsel, Robert Williams, and Enron’s outside counsel, Robert Bennett, in which Committee staff requested meetings with Enron employees Rick Causey, Steve Kean, and Rick Buy.  Additionally, Committee staff requested the opportunity to meet with those individuals who comprise Enron’s Audit and Compliance Committee: Robert Jaedicke, Paulo Ferrz Pereira, John Wakeham, and Wendy Gramm.  Please make Mr. Causey, Mr. Kean, Mr. Buy, and the members of the Audit and Compliance Committee available for Committee staff interviews within the next two weeks, or no later than December 21, 2001.  If they are unable to travel to Washington, D.C., Committee staff is willing to travel to Houston, Texas, or to another specified location.

As part of the Committee’s investigation, and pursuant to Rules X and XI of the U.S. House of Representatives, please provide the Committee with the following records by December 17, 2001:

  1. All records relating to Enron’s decision announced in November 2001 to restate its earnings for 1997 to present;
  1. All records in Enron’s possession or control relating to LJM Cayman, L.P. ("LJM1"), LJM2 Co-Investment, L.P. ("LJM2"), Joint Energy Development Investments, L.P. ("JEDI"), Chewco Investments, L.P. ("Chewco"), the Raptor entities, Osprey, Big Doe, and/or their subsidiaries, partners, or affiliates;
  1. All records in Enron’s possession or control relating to any financial relationship between or among Andrew Fastow, Jeffrey Skilling, Ben Glisan, Kristina Mordaunt, Kathy Lynn, Anne Yaeger, Michael Kopper and/or Rebecca Carter;
  1. All records in Enron’s possession or control relating to any contacts, notifications or approvals of the LJM1, LJM2, JEDI, Chewco, the Raptor entities, Osprey, or Big Doe partnerships or their subsidiaries, and their transactions with Enron, including but not limited to, by Enron's Board of Directors, Enron's Officers, Enron's Audit and Compliance Committee, and/or Arthur Andersen;
  1. All agendas for Enron’s Board of Directors and Audit and Compliance Committee meetings from 1997 to present;
  1. All minutes from the Board of Directors meetings from 1997 to present;
  1. All minutes from the Audit and Compliance Committee meetings from 1997 to present;
  1. All management correspondence in your possession or control issued by Arthur Anderson to Enron management or the Audit and Compliance Committee relating to Arthur Anderson’s audits or review of Enron’s 1997-2001 financial statements, and all correspondence between Arthur Anderson and Enron relating to Enron’s internal accounting practices and controls from 1997 to present;
  1. All records relating to proposed adjustments by Enron’s auditors or Enron’s own accounting staff or financial officers that were not recorded in Enron’s financial statements from 1997 to present;
  1. All records relating to any non-audit, consulting services provided by Arthur Anderson to Enron for the period 1997 to the present;
  1. All records exchanged between Enron and Arthur Anderson regarding the structure of, disclosure of, and/or accounting for LJM1, LJM2, JEDI, Chewco, the Raptor entities, Osprey, or Big Doe partnerships or their subsidiaries, or any Special Purpose Entity (SPE), subsidiary, or partnership disclosed in any of Enron’s filings with the Securities and Exchange Commission, including but not limited to all Enron management representation letters said SPEs and partnerships to its auditors from 1997 to present;
  1. All records relating to the issuance of Enron equity interest in exchange for notes receivable, guarantees, or any other form of non-cash consideration from any Enron SPE, partnership, or subsidiary;
  1. All records provided or made available to the Enron Emerging Issues Task Force and/or submitted to external accounting or other professionals consulted or retained by the Audit and Compliance Committee to advise on Enron’s financial situation;
  1. All records from investment bankers or other financial advisors regarding the structuring, financing or accounting relating to Enron’s SPEs, subsidiaries, and/or partnerships including but not limited to LJM1, LJM2, JEDI, Chewco, the Raptor entities, Osprey, Big Doe, and their subsidiaries;
  1. All records relating to the formation and structuring of Enron’s various SPEs, subsidiaries, and/or partnerships, to include but not limited to, all partnership agreements and their management policies, and past or present organization structures;
  1. All records describing or illustrating Enron’s organizational structure for each year from 1997 to present, and for each month during 2001;
  1. A list of the name, title, personal address, business and personal telephone numbers of each of Enron’s Senior Management;
  1. A list of the name, title, personal address, business and personal telephone numbers of each Senior Management official for each of Enron’s divisions and/or affiliates;
  1. A list of Enron’s Board of Directors with each Director’s name, business address, occupation, yearly compensation, and the form of the compensation;
  1. A list of all Enron’s SPEs, partnerships or other subsidiaries, and a list of all Enron officers, individuals, or entities who hold or have held an equity interest in any Enron SPE, subsidiary, or a partnership, or who hold or have held an office in said SPEs, subsidiaries, or partnerships;
  1. A list of any current or former Enron executives, management level managers, and/or accounting and finance personnel who worked for Arthur Anderson prior to joining Enron;
  1. All records relating to Andrew Fastow’s role as an officer at, or equity interest holder in, LJM1, LJM2, JEDI, Chewco, the Raptor entities, Osprey, Big Doe, or any Enron SPE, subsidiary, or partnership.
  1. All records relating to Michael Kopper’s role as an officer at, or equity interest holder in, LJM1, LJM2, JEDI, Chewco, the Raptor entities, Osprey, Big Doe, or any Enron SPE, subsidiary, or partnership;
  1. All records relating to the creation and implementation of any Enron risk management policies relating to trading activities or management of assets;
  1. All records relating to risk management reports prepared by, or relating to, Enron’s business activities and all commentary circulated within or received by Enron concerning such reports;
  1. All records relating to Anne Yeager’s role as an officer at, or equity interest holder in, LJM1, LJM2, JEDI, Chewco, the Raptor entities, Osprey, Big Doe, or any Enron SPE, subsidiary, or partnership;
  1. All records relating to Kristina Mourdant’s role as an officer at, or equity interest holder in, LJM1, LJM2, JEDI, Chewco, the Raptor entities, Osprey, Big Doe, or any Enron SPE, subsidiary, or partnership.;

 

  1. All records relating to Ben Glisan’s role as an officer at, or equity interest holder in, LJM1, LJM2, JEDI, Chewco, the Raptor entities, Osprey, Big Doe, or any Enron SPE, subsidiary, or partnership;
  1. All records relating to Kathy Lynn’s role as an officer at, or equity interest holder in, LJM1, LJM2, JEDI, Chewco, the Raptor entities, Osprey, Big Doe, or any Enron SPE, subsidiary, or partnership;
  1. All records relating to Rebecca Carter’s role as an officer at, or equity interest holder in, LJM1, LJM2, JEDI, Chewco, the Raptor entities, Osprey, Big Doe, or any Enron SPE, subsidiary, or partnership;
  1. A specific accounting of Enron’s off balance sheet debt from 1997 to 2001 including obligees and amounts owed;
  1. A list of officers and management personnel at Enron’s Structured Finance group from 1997 – 2001;
  1. All records relating to the source of LJM1’s equity from 1997 to 2001;
  1. All records relating to the source of LJM2’s equity from 1997 to 2001;
  1. All records relating to the source of Chewco’s equity from 1997 to 2001;
  1. All records relating to the source of Big Doe’s equity from 1997 to 2001;
  1. All records relating to the source of Osprey’s equity from 1997 to 2001;
  1. All records relating to the source of equity for the Raptor entities from 1997 to 2001;
  1. All records relating to the decision to change Enron’s 401k plan administrator during 2001;
  1. All records relating to the sale of Enron shares or options issued by Enron’s officers, employees, or Board of Directors during 1997 to the present, and a summary of said sales including their date, the number of shares or options sold, and proceeds from each transaction;
  1. All records reflecting any objections expressed by any Enron officer or Director relating to any equity interest in LJM1, LJM2, JEDI, Chewco, the Raptor entities, Osprey, Big Doe, or any Enron SPE, subsidiary, or partnership ever held by Andrew Fastow, Michael Kopper, Kristina Mourdant, Anne Yeager, Ben Glisan, or Kathy Lynn;
  1. All records relating to changes in Enron’s economic ratings from 1997 to 2001; and
  1. All draft versions of Enron’s 10Q statement as provided to Dynegy Inc. during October and November 2001;

Please note that, for the purpose of responding to this request, the term "Enron," as used above, means Enron Corp., or one or more of its divisions, subsidiaries or affiliates, or related entities.  The terms "records" and "relating" should be interpreted in accordance with the attachment to this letter.

If you have any questions, please contact Mr. Mark Paoletta, Chief Counsel for Oversight and Investigations, at (202) 225-2927.

Thank you for your prompt attention to these matters. We appreciate your cooperation.

Sincerely,

W.J. “Billy” Tauzin
Chairman                                              

James C. Greenwood
Chairman, Subcommittee on Oversight and Investigations

cc:       
The Honorable John D. Dingell, Ranking Member
The Honorable Peter Deutsch, Ranking Member
Subcommittee on Oversight and Investigations

 

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