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The Earth Times | Posted June 15, 2002


 

Chapters of Enron
BY JAMES W. MICHAELS
Copyright © 2002 by The Earth Times. All rights reserved

Corporate America's reputation is taking a beating . Revelation follows revelation, none of them savory. The once-admired Enron collapsed, revealed as a house of cards, and it brought down one of the most respected accounting firms. Chief executives of several power generation companies resigned or were ousted after conceding that their companies had been booking phony revenues. AOl-Time-Warner, the global-spanning media company, took a $54 billion writeoff, -conceding, in effect, that its assets are a lot less than shareholders had been led to believe they were. Recently, the family that controlled Adelphi Comunications, a huge cable company, stood accused of looting the company at the expense of the other shareholders. Even prestigious General Electric has gotten a black eye. Critics say it manipulated its earnings by over-optimistic assumptions about pension fund income and by misuse of the commercial paper market.


In maritime lore, captains are supposed to go down with their ships. The captain at Global Crossing did a reverse: He rowed off to safety after cashing in hundreds of millions of dollars worth of shares while his company sank into bankruptcy and his trusting shareholders lost everything. Meanwhile, the media is packed with stories about top executives enriching themselves with over-generous bonuses while their shareholders were losing money, employees being laid off. Leftists gloat. America-bashers say I told you so. The system is rigged.

Is it rigged? Is corporate America utterly corrupt? Quite the contrary. What we are seeing is one those periodic periods of self-examination that have in the past--and will again--lead to an even more transparent, system. One of the great strengths of democratic capitalism is its self-correcting nature.The system depends on trust. When trust is violated steps must and are taken to restore the trust.

In fact it is because our financial system is already transparent that these revelations even get made. The checks and balances make it almost inevitable that chicanery will out. We have the media, hungry for scoops, the dirtier the better. There are short sellers fine-combing the available information to identify and puncture undeserved reputations. Let there be even a whiff of scandal and the market punishes with a deluge of sell orders that sinks the stock and endangers to careers of the people who head the companies. The oversight--as the recent events have shown --isn't perfect and often operates with a lag. In roaring bull markets, as in the 1990's the oversight gets sloppy.

There is a long history of this in the US: Boom, abuses, retribution--and, most important, correction. Some 131 years ago, Charles Francis Adams penned "Chapters of Erie," a chronicle of scandalous goings-on during an earlier boom. Adams was a man of great probity, grandson of John Quincy Adams, a hero of the American Civil War, and a businessman and public servant. As the Civil War ended, America was caught up in one of those financial bubbles that usually accompany periods of great technological progress. This time it was the steel-wheel-on-the-steel-rail: railroads. Suddenly the world had become a smaller place and hinterlands far from ports were opened to development. The ensuing boom unleashed the usual floods of greed and gullibility. A flood of money corrupted the Federal courts. Railroad magnates like Jay Gould had certain judges in their pockets. The rule of law was replaced in part by the rule of money.

"Chapters of Erie" led to reforms and a more honest and transparent system. Thirty years after Adams exposed the corruption of the courts by money, the so-called Muckrakers came along, pioneer female journalist Ida Tarbell in the forefront. She exposed the heavy-handed methods used by the Standard Oil Trust and others to crush competition. Our tough anti-trust laws were one of the results.

The 1929 stock market crash and the worldwide depression that followed led to stricter standards in stock trading, to tougher disclosure rules for public companies, to creation of the Securities & Exchange Commission--a development that the rest of the world has since followed.

Captains of industry could no longer say "the public be damned."

Today. as one can expect in a democracy, the politicians are elbowing each other to be first to investigate the misdeeds that are surfacing. They propose new laws. But we don't need to wait for the politicians to act. The market has already punished many of the transgressors. Bankers are withdrawing loans, the pressure is on outside auditors to get tough with their clients, sullied careers have been destroyed and where there is doubt about transparency, shares have been battered to the ground. Even General Electric whose transgressions were relatively minor, has suffered a decline of $100 billion in market value (over and above what it lost in the general decline of stocks). GE is quietly refinancing its debts on a more conservative basis.

So, in honor of Charles Francis Adams let's call the current episode "Chapters of Enron." It's a scandal but a scandal from which we are already learning. The lesson is that the system is built on trust and on transparency. The US financial system is imperfect but it is self-adjusting and self-correcting. No wonder that--despite Enron--so much of the world still prefers investing in the US to investing elsewhere.

(James W. Michaels is Senior Vice President, Editorial, at Forbes. He will be writing a monthly column for Earthtimes.)


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