STUDY GUIDE Prepared by Maren Robinson, Dramaturg
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Media Coverage of Ceos: Who? What? Where? When? Why?
Media Coverage of CEOs: Who? What? Where? When? Why? James T. Hamilton Sanford Institute of Public Policy Duke University [email protected] Richard Zeckhauser Kennedy School of Government Harvard University [email protected] Draft prepared for March 5-6, 2004 Workshop on the Media and Economic Performance, Stanford Institute for International Studies, Center on Development, Democracy, and the Rule of Law. We thank Stephanie Houghton and Pavel Zhelyazkov for expert research assistance. Media Coverage of CEOs: Who? What? Where? When? Why? Abstract: Media coverage of CEOs varies predictably across time and outlets depending on the audience demands served by reporters, incentives pursued by CEOs, and changes in real economic indicators. Coverage of firms and CEOs in the New York Times is countercyclical, with declines in real GDP generating increases in the average number of articles per firm and CEO. CEO credit claiming follows a cyclical pattern, with the number of press releases mentioning CEOs and profits, earnings, or sales increasing as monthly business indicators increase. CEOs also generate more press releases with soft news stories as the economy and stock market grow. Major papers, because of their focus on entertainment, offer a higher percentage of CEO stories focused on soft news or negative news compared to CEO articles in business and finance outlets. Coverage of CEOs is highly concentrated, with 20% of chief executives generating 80% of coverage. Firms headed by celebrity CEOs do not earn higher average shareholder returns in the short or long run. For some CEOs media coverage equates to on-the-job consumption of fame. -
United States Court of Appeals for the DISTRICT of COLUMBIA CIRCUIT
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 7, 2016 Decided December 27, 2016 No. 15-7121 ENRON NIGERIA POWER HOLDING, LTD., APPELLEE v. FEDERAL REPUBLIC OF NIGERIA, APPELLANT Appeal from the United States District Court for the District of Columbia (No. 1:13-cv-01106) David Elesinmogun argued the cause and filed the briefs for appellant. Kenneth R. Barrett argued the cause and filed the briefs for appellee. Before: ROGERS, TATEL and GRIFFITH, Circuit Judges. Opinion for the Court filed by Circuit Judge ROGERS. ROGERS, Circuit Judge: In 1999, the Republic of Nigeria entered into a power purchase agreement (“PPA”) with Enron Nigeria Power Holding, Ltd. (“ENPH”), for construction of 2 electrical facilities. Days later, Nigeria suspended implementation of the PPA, and after years of attempted renegotiation over one phase of construction proved fruitless, ENPH filed under the PPA for arbitration by the International Chamber of Commerce’s International Court of Arbitration (“ICC”). The ICC issued an Award in ENPH’s favor. When collection efforts failed, ENPH filed a petition for confirmation and enforcement of the Award in the federal district court here. Nigeria now appeals from the order granting enforcement of the Award. Invoking Article V(2)(b) of The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (known as the “New York Convention”), 21 U.S.T. 2517, Nigeria contends that enforcement of the Award violates the public policy of the United States not to reward a party for fraudulent and criminal conduct. It maintains that ENPH and Enron International Corporation (“Enron”) are alter egos, and, alternatively, that ENPH made false and fraudulent representations about Enron to induce Nigeria to enter the PPA. -
Securities Whistleblowing Under Dodd-Frank: Neglecting the Power of “Enterprising Privateers” in Favor of the “Slow-Going Public Vessel”
Do Not Delete 2/14/2012 1:27 PM SECURITIES WHISTLEBLOWING UNDER DODD-FRANK: NEGLECTING THE POWER OF “ENTERPRISING PRIVATEERS” IN FAVOR OF THE “SLOW-GOING PUBLIC VESSEL” by Michael Neal∗ This Note analyzes the SEC whistleblower program, as modified by the Dodd-Frank Act of 2010. It reviews the history of whistleblowing-like statutes in the United States and analyzes the successes and failures of prior whistleblowers after dividing them into two mutually exclusive groups: Insiders, those who are employed by the company against whom they report; and Outsiders, non-employees. The Note concludes that the new SEC whistleblower program is deficient in two ways. First, it does not create an affirmative duty for Insiders to internally report when their employer has a functioning compliance department; and second, Outsiders lack an offensive private cause of action granting them standing to sue on behalf of the SEC. The Note recommends changes to the program that resolve these deficiencies and better align the SEC’s required functions with its resources. The Note concludes that, as enacted, the SEC whistleblower program encourages the avoidance of internal corporate compliance systems, externalizes corporate compliance to a regulatory body already struggling to provide adequate oversight, weakens the partnership between the regulator and the regulated, and has the potential of reversing the positive progression in corporate cultures developed over the past decade. I. INTRODUCTION ....................................................................... 1108 II. U.S. INFORMANT PROGRAMS ................................................. 1110 A. Stealing from the Government—The False Claims Act ................ 1110 B. The IRS Informant Program—“The Reward for Rats” ............... 1114 C. The SEC Informant Program ................................................... -
Sherron Watkins and Whistle Blowing at Enron Ethics of 3
BUSINESS Cases in Corporate Ethics: Contemporary Challenges and Imperatives; Strategy & General Management, Ethics and Social Justice, Organizational Behavior, Human Resource, Operations, Finance and Accounting, Marketing and Sales. Case 2.3: Sherron Watkins and Whistle Blowing at Enron Ozzie Mascarenhas SJ, PhD DRD Tata Chair Professor of Business Ethics, XLRI Jamshedpur, India | Published: June 2015 | Redistribution or use without the expressed, written permission of The Global Jesuit Case Series is prohibited. For information on usage rights, contact the Global Jesuit Case Series at [email protected] ________________________________________________________________________ Cases in Corporate Ethics: Contemporary Challenges and Imperatives Jesuit Series, Madden School of Business, Le Moyne College, Syracuse, NY Donated by: Ozzie Mascarenhas SJ, PhD JRD Tata Chair Professor of Business Ethics, XLRI, Jamshedpur, India June 15, 2015 The fifteen cases in Business ethics included here represent the first installment of the thirty cases promised to the Cases in Business Ethics – The Jesuit Series at the University of Le Moyne, Syracuse, NY. We have added three more. The remaining eighteen cases will follow shortly. The thirty three cases illustrate and depend upon the content of corporate ethics outlined in Table 1. As might be clear from Table I, the Course in Corporate Ethics has three parts: Part One explores the ethical quality of moral agents embedded in the capitalist markets such as the human person, the fraud-prone person, the virtuous actor (virtue ethics) and the trusting executive (ethics of trust). Part Two investigates the ethical quality of moral agencies of executive decisions, choices and actions when supported by ethics of critical thinking, moral reasoning, ethics of rights and duties, and ethics of moral leadership. -
Essays on Financial Communication in Earnings Conference Calls
Essays on Financial Communication in Earnings Conference Calls Xiaoxi Wu This dissertation is submitted for the degree of Doctor of Philosophy September 2019 Department of Accounting and Finance Abstract Earnings conference calls are an important platform of financial communication. They provide researchers with unique opportunities to observe firm managers’ and financial analysts’ interactions and natural communication style in a daily-task environment. Relying on multidisciplinary theories and methods, this dissertation studies financial communication in conference calls from both the managers’ and the sell-side analysts’ perspectives. It consists of three self-contained studies. Chapter 2 focuses on managers’ communication strategies in conference calls. It explores, in the small non-negative earnings surprises setting, whether non-manipulators design communication strategies to separate themselves from earnings manipulators, and whether manipulators pool through obfuscation. Chapters 3 and 4 focus on sell-side analysts’ communication behaviour in conference calls. Chapter 3 examines how analysts’ people skills affect their communication behaviour and relationships with firm management. Chapter 4 applies both qualitative and quantitative discourse analyses and investigates how analysts use linguistic politeness strategies to establish socially desirable identities in publicly accessible analyst-manager interactions. The three studies combined contribute to the accounting literature by furthering our understanding of managers’ and analysts’ -
Enron's Pawns
Enron’s Pawns How Public Institutions Bankrolled Enron’s Globalization Game byJim Vallette and Daphne Wysham Sustainable Energy and Economy Network Institute for Policy Studies March 22, 2002 About SEEN The Sustainable Energy and Economy Network, a project of the Institute for Policy Studies (Washington, DC), works in partnership with citizens groups nationally and globally on environment, human rights and development issues with a particular focus on energy, climate change, environmental justice, and economic issues, particularly as these play out in North/South relations. SEEN views these issues as inextricably linked to global security, and therefore applies a human security paradigm as a framework for guiding its work. The reliance of rich countries on fossil fuels fosters a climate of insecurity, and a rationale for large military budgets in the North. In the South, it often fosters or nurtures autocratic or dictatorial regimes and corruption, while exacerbating poverty and destroying subsistence cultures and sustainable livelihoods. A continued rapid consumption of fossil fuels also ensures catastrophic environmental consequences: Climate change is a serious, emerging threat to the stability of the planet's ecosystems, and a particular hazard to the world's poorest peo- ple. The threat of climate change also brings more urgency to the need to reorient energy-related investments, using them to provide abundant, clean, safe energy for human needs and sustainable livelihoods. SEEN views energy not as an issue that can be examined in isolation, but rather as a vital resource embedded in a development strategy that must simultaneously address other fundamentals, such as education, health care, public par- ticipation in decision-making, and economic opportunities for the poorest. -
Former Enron Vice President Sherron Watkins on the Enron Collapse
UC Irvine UC Irvine Previously Published Works Title Former Enron vice president Sherron Watkins on the Enron collapse Permalink https://escholarship.org/uc/item/9pb4r7nj Journal Academy of Management Executive, 17(4) ISSN 1079-5545 Author Pearce, JL Publication Date 2003 DOI 10.5465/ame.2003.11851888 License https://creativecommons.org/licenses/by/4.0/ 4.0 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ? Academy of Management Executive, 2003, Vol. 17, No. 4 Former Enron vice president Sherron Watkins on the Enron collapse Academy Address, August 3, 2003, by Sherron Watkins Introduction to the address by Academy President Jone L. Pearce It is my pleasure to introduce Sherron Watkins, the Academy of Management's 2003 Distinguished Executive Speaker. By now, her story as the former vice president of Enron Corporation who tried to bring what she called "an elaborate accounting hoax" to the attention of Enron's chief executive officer is well known. In August 2001, responding to his invitation to employees to put any concerns in a comment box, she did so. When he did not address her explosive charges at a subsequent company-wide meeting, she sought a face-to-face meeting with him. A month later the CEO announced to employees that "our financial liquidity has never been stronger," while exercising his own $1.5 billion in stock options, just ahead of the company's announcement of a $618 million quarterly loss. When United States Congressional investigators uncovered her letter buried in boxes of documents, they brought Ms. Watkins before the United States Senate in February 2002 to testify about her warnings. -
Is Enron Overpriced?
Is Enron Overpriced? It's in a bunch of complex businesses. Its financial statements are nearly impenetrable. So why is Enron trading at such a huge multiple? By Bethany McLean March 5, 2001 NEW YORK (FORTUNE) -- In Hollywood parlance, the "It Girl" is someone who commands the spotlight at any given moment -- you know, like Jennifer Lopez or Kate Hudson. Wall Street is a far less glitzy place, but there's still such a thing as an "It Stock." Right now, that title belongs to Enron, the Houston energy giant. While tech stocks were bombing at the box office last year, fans couldn't get enough of Enron, whose shares returned 89%. By almost every measure, the company turned in a virtuoso performance: Earnings increased 25%, and revenues more than doubled, to over $100 billion. Not surprisingly, the critics are gushing. "Enron has built unique and, in our view, extraordinary franchises in several business units in very large markets," says Goldman Sachs analyst David Fleischer. Along with "It" status come high multiples and high expectations. Enron now trades at roughly 55 times trailing earnings. That's more than 2 1/2 times the multiple of a competitor like Duke Energy, more than twice that of the S&P 500, and about on a par with new-economy sex symbol Cisco Systems. Enron has an even higher opinion of itself. At a late-January meeting with analysts in Houston, the company declared that it should be valued at $126 a share, more than 50% above current levels. "Enron has no shame in telling you what it's worth," says one portfolio manager, who describes such gatherings as "revival meetings." Indeed, First Call says that 13 of Enron's 18 analysts rate the stock a buy. -
A Case of Corporate Deceit: the Enron Way / 18 (7) 3-38
NEGOTIUM Revista Científica Electrónica Ciencias Gerenciales / Scientific e-journal of Management Science PPX 200502ZU1950/ ISSN 1856-1810 / By Fundación Unamuno / Venezuela / REDALYC, LATINDEX, CLASE, REVENCIT, IN-COM UAB, SERBILUZ / IBT-CCG UNAM, DIALNET, DOAJ, www.jinfo.lub.lu.se Yokohama National University Library / www.scu.edu.au / Google Scholar www.blackboard.ccn.ac.uk / www.rzblx1.uni-regensburg.de / www.bib.umontreal.ca / [+++] Cita / Citation: Amol Gore, Guruprasad Murthy (2011) A CASE OF CORPORATE DECEIT: THE ENRON WAY /www.revistanegotium.org.ve 18 (7) 3-38 A CASE OF CORPORATE DECEIT: THE ENRON WAY EL CASO ENRON. Amol Gore (1) and Guruprasad Murthy (2) VN BRIMS Institute of Research and Management Studies, India Abstract This case documents the evolution of ‘fraud culture’ at Enron Corporation and vividly explicates the downfall of this giant organization that has become a synonym for corporate deceit. The objectives of this case are to illustrate the impact of culture on established, rational management control procedures and emphasize the importance of resolute moral leadership as a crucial qualification for board membership in corporations that shape the society and affect the lives of millions of people. The data collection for this case has included various sources such as key electronic databases as well as secondary data available in the public domain. The case is prepared as an academic or teaching purpose case study that can be utilized to demonstrate the manner in which corruption creeps into an ambitious organization and paralyses the proven management control systems. Since the topic of corporate practices and fraud management is inherently interdisciplinary, the case would benefit candidates of many courses including Operations Management, Strategic Management, Accounting, Business Ethics and Corporate Law. -
Official Versions Vs Facts
1 This text below is inspired by a translation from a French text that was published on the website of Paul Jorion in late June 2017, ie about only 2 weeks after this website would go live. I answered here a very straight question: “how do you differ from the official version?” And here is my “story”, the only one that have conveyed since 2012. It was then meant to summarize how my website differs from all the reports that the bank and the authorities have made on the “London Whale” case. It was 143 pages long for Paul Jorion. Now it is 29 pages long. What I have added are further details on key topics like ‘profits’, like ‘orders’, like ‘valuation’, like ‘mismarking’…. Needless to say, this account vastly differs from any media reporting although some outlets are closer than others. This text below thus predated by a month or so the decisions of the DOJ as disclosed on July 21st 2017. It may well have been the “recent statements and writings” that would shake the tree. It contradicted ahead of times the WSJ subsequent article of August 3rd 2017. Yet it corroborated the statements of Dimon on August 8th 2017 to some extent and clarified ahead of times the context of the ultimate decision of the SEC in late August 2017. But, back in June 2017, this text was also displaying my ‘story’ as an anchor amid all the changing stories that would have been conveyed since 2012 and onwards… In sharp contrast to what all the authorities and the bank would do between 2012 and 2018, I will deploy only one “story” to tell all along, be that on the public stage or confidentially towards the authorities. -
2 Bureaucratic Autonomy: Logic, Theory, and Design 18 2.1 Introduction
Charting a Course to Autonomy: Bureaucratic Politics and the Transformation of Wall Street by Peter Joseph Ryan A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Political Science in the GRADUATE DIVISION of the UNIVERSITY OF CALIFORNIA, BERKELEY Committee in charge: Professor Paul Pierson, Chair Professor J. Nicholas Ziegler Professor Neil Fligstein Spring 2013 Charting a Course to Autonomy: Bureaucratic Politics and the Transformation of Wall Street Copyright c 2013 by Peter Joseph Ryan Abstract Charting a Course to Autonomy: Bureaucratic Politics and the Transformation of Wall Street by Peter Joseph Ryan Doctor of Philosophy in Political Science University of California, Berkeley Professor Paul Pierson, Chair Over the past three decades, federal regulators have been at the heart of transformations that have reshaped the financial services industry in the United States and by definition, global markets. It was, for example, the Federal Reserve that initiated and developed risk- based capital standards, rules that are now at the heart of prudential regulation of financial firms across the globe. Federal regulators played a central role in preventing regulation of the emerging ‘over-the-counter’ derivatives market in the late 1980s and early 1990s, actions that later had dramatic consequences during the 2007-2008 financial crisis. The Securities and Exchange Commission took critical decisions regarding the prudential supervision of investment banks, decisions that greatly contributed to the end of the independent invest- ment banking industry in the United States in 2008. Finally regulators played an important role in setting the agenda and shaping the outcomes of the Dodd-Frank Wall Street Reform Act of 2010, the most sweeping and comprehensive piece of legislation affecting the industry since the New Deal. -
The Enron Fraud and Scandal and What It Means to Business Today
The Impact of the Crooked “E” The Enron Fraud and Scandal And What It Means to Business Today Ed Ferrara MIS5208 – Project 1 – Examples of Corporate Fraud [email protected] Agenda § Facts About Enron – Company History § The Players – The Executives § Enron – So Many Dimensions of Fraud § A Chronology of Enron’s Collapse § The Aftermath § What It Means § References § Appendix A – Other perpetrators The Enron Players – The Executives Ken Lay – Enron Chairman and CEO David Duncan – Andersen Partner – Enron Convicted on 29 criminal counts including Partner responsible for Enron. Fired for failure to conspiracy, securities and wire fraud. Dies in exercise “due professional care and the necessary Aspen Colorado on July 5 2006 while awaiting skepticism”. Pled guilty to obstruction of justice – sentencing for his convictions.1 later rescinded plea, and struck deal with SEC.4 Jeffrey SkillinG – Enron CEO Sherron Watkins – Enron VP Internal Audit Convicted for fraud, conspiracy, insider trading and Watkins, who has never been charged with insider lying to auditors in the largest corporate fraud in trading, sold almost $50,000 in stock after her history. More than 4,000 Enron employees lost August 2001 meeting with Lay — and before Enron their jobs, many lost their life savings, when Enron shares became worthless months later. “No,” she declared bankruptcy in 2001. Investors lost billions told prosecutor John Hueston when he asked her if of dollars.2 her stock sales were proper. “I had more information than the marketplace did.”5 Andrew Fastow Charged with 78 counts of fraud due to his role in Theft using off-balance sheet entities that did business (Misappropriation) with Enron.