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Enron Used World Bank to Avoid Taxes [during Clinton years]
Bloomberg, no url | 7/29/3

Posted on 07/29/2003 9:57:34 AM PDT by NativeNewYorker

July 29 (Bloomberg) -- Enron Corp. used World Bank and U.S.

government agency funds to make at least $17 million in

''questionable'' payments to a group of Guatemalan businessmen

who helped win approval for the first power plant in Central

America for what became the world's biggest energy trader, a U.S.

Senate investigation found.

     Enron disguised the payments, made from 1992 to 1995, as

fuel costs to reduce the company's U.S. and Guatemalan tax

liability, the Senate Finance Committee says in a 506-page report

obtained by Bloomberg News.

     The report shows how Enron avoided scrutiny of its overseas

investments by U.S. officials and government-backed financing

agencies in Washington. The Guatemala project came years before

Enron went bankrupt in 2001 after admitting it hid $1.2 billion

in losses through hundreds of off-the-books partnerships.

Senators who commissioned the report said it illustrated that

more corporate oversight is needed.

     ''Enron benefited from taxpayer support and multilateral

organization support to extend its international reach, including

the Guatemalan power project with its questionable payments,''

the report said.

     The Securities and Exchange Commission failed to respond to

a 1999 request by the Internal Revenue Service to investigate,

the report said. Enron executives, including David Haug, Rebecca

Mark and Thomas White, later named Army secretary by President

George W. Bush, were eligible to get bonuses for lining up

financing for projects whether they were completed or not, the

report said.


                     Statute of Limitations


     Enron spokesman John Ambler said the company hadn't reviewed

the report and had no comment.

     In an Oct. 8, 2002, letter to the committee shown in the

report, White, who was chairman of Enron Operations Corp., said

that he did not recall ''any specific meetings or specific

written guidance I received regarding the contract for the

project or related issues.'' In the letter, he said that while he

would have been briefed on the project by Mark, he had no access

to documents that would refresh his memory. Bloomberg News was

unable to reach White, who resigned as Army secretary in April.

     Mark, then president of Enron Power Development Corp.,

referred requests for comment to her attorney, Helen Foster, who

didn't return two calls. Haug, then-managing director of Enron

Development Corp., didn't return a call to his company, the Haug

Group in Houston.


                       'Corporate Abuses'


     Enron can't be prosecuted for the alleged payments because

the statute of limitations under the Foreign Corrupt Practices

Act, which prohibits payments to foreign government officials or

third parties, expires after five years, said Peter Clark, deputy

chief of the Justice Department's fraud division. In this case,

that would have been in 2000.

     Clark declined to comment on the Enron project.

     The top Democrat and Republican on the Finance Committee

said the case illustrated the need for action.

     ''We have yet to see one piece of legislation enacted which

addresses any of the Enron abuses'' since the company's collapse,

Democrat Max Baucus of Montana said in a statement.

     Committee Chairman Charles Grassley, an Iowa Republican,

called on the Justice Department to clamp down on ''abuses in

corporate suites.'' The investigation was done by the finance

committee staff.

     The report details one of Enron's early efforts to expand

overseas, a push that helped make the energy trader the seventh-

biggest U.S. company before it sought bankruptcy protection. The

filing followed disclosures it had written off $1 billion in

failed investments and hid $1.2 billion in losses through

hundreds of off-the-books partnerships.


                        Public Financing


     The collapse was then the largest U.S. bankruptcy, with

Enron owing creditors an estimated $67 billion.

     The investigation shows that Enron modelled projects in

Italy, Puerto Rico and India after the Guatemalan plant, the

report said.

     Enron secured more than $1.4 billion in project financing

and political risk insurance from the U.S. Department of

Transportation, the World Bank, and the Overseas Private

Investment Corp., a U.S. government-backed agency that provides

risk insurance for companies investing overseas.

     The Guatemalan power project, a barge-mounted electricity

plant near Puerto Quetzal on the country's southern coast, was

the first privately owned power plant in Central America.

     The deal originally was struck in 1992 between Texas Ohio

Power Co. and Empresa Electrica de Guatemala SA, the government-

owned electric utility.

     Enron bought Texas Ohio's contract rights later that year,

including the obligation to pay 6 percent of the plant's gross

receipts to the Guatemalan businessmen, according to the report.


                            Sun King


     The five men -- Raul Arrondo, Oswaldo Mendez Herbrugher,

Marco Antonio Lara, Roberto Lopez and Henrik Preuss -- did little

more than ''introduce Texas Ohio to President (Jorge) Serrano,

and talked him into signing the contract,'' according to a memo

in the report by Enron's Guatemalan attorney, Jorge Asensio.

     They made no investment in the project, the report said.

     To finance the project, Enron secured more than $71 million

from the International Finance Corp., a World Bank unit that

lends to private companies, and $98 million from the U.S.

Department of Transportation.

     Enron officials soon realized they had inherited Texas

Ohio's commitment to pay the Guatemalan businessmen, which the

power company said would amount to about $63 million during the

life of the contract, or 46 percent of the project's cash flow.

The Guatemalan businessmen insisted Enron make the payments in

U.S. dollars deposited in a Miami bank, according to the report.


                         Arthur Andersen


     Enron discovered the Guatemalan businessmen, whose company

is known as Sun King Trading Co. according to the report, were

incorporated in Panama, which has no income tax.

     Arthur Andersen LLP, Enron's accountant, said in 1995 that

making the payment would trigger Guatemalan taxes of more than 28

percent and might not qualify as tax deductible on the company's

U.S. tax returns.

     Andersen, which later collapsed, estimated potential tax

liability approaching $2.9 million by 1995.

     Enron made the tax-free payments anyway by disguising them

as add-on tax-deductible fuel payments, which the report said was

an arrangement to pay Sun King in U.S. dollars ''and to hide them

from Guatemalan tax authorities,'' the report said.

     The committee said Enron was ''unable to locate

documentation for compensation, bonuses and stock options awards

for the Guatemala project.'' The report didn't accuse any

specific executive of profiting from the deal.


                           Guatemalans


     Three of the Guatemalan businessmen -- Arrondo, Herbrugher,

and Preuss -- denied any impropriety. Lara and Lopez couldn't be

located for comment. Foreign nationals are not subject to the

Foreign Corrupt Practices Act and the Guatemalans are not the

target of the congressional probe.

     ''They're trying to conclude something that is totally

false,'' said Herbrugher, president of the Sun King group. ''I

was controlling all the income. I can guarantee you to whom these

moneys went.''

     Enron ultimately engineered a lump-sum $12 million buyout of

the contract, according to the Finance Committee report.

     ''The stress that we have gone through in trying to pay

abroad, to pay tax free, and to pay in dollars, has put this

company against the wall, and such payments could severely injure

the company in the future,'' Asensio, Enron's attorney, wrote in

one memorandum.

     An informant approached Internal Revenue Service auditor

Gerald Richards in 1997 about the payments, according to the

report. Richards then challenged Enron's efforts to deduct some

of the payments on its U.S. tax returns, the report said. It

didn't identify the informant. Richards declined to comment.


                            IRS Audit


     He also urged his boss, District Director Paul Cordova, in

May 1999 to refer the case to the Department of Justice and SEC.

Cordova's referral, a copy of which is in the report, said Enron

''may have violated the Foreign Corrupt Practices Act.''

     While the Justice Department and SEC acknowledged the

referrals, they never acted on them, partly believing that

taxpayer confidentiality laws would make it difficult for the IRS

to share information, according to the report.

     Spokespeople for the SEC and the Justice Department declined

to comment.

     Enron officials at the time were invited to contribute ideas

on energy policy by the Clinton administration in the mid-1990s,

as they later were by the Bush administration. Enron officials

accompanied Clinton Energy Secretary Hazel O'Leary on trade

missions to India, China, Pakistan and South Africa.

     The Bush administration went to bat for Enron during its

first year in office, as Vice President Dick Cheney and then-

economic adviser Lawrence Lindsey helped Enron resolve a

multimillion-dollar dispute with Indian officials over the Dabhol

Power Co., an Enron project.



TOPICS: Business/Economy; Crime/Corruption; Government
KEYWORDS: enron; guatemala; sec; worldbank

1 posted on 07/29/2003 9:57:35 AM PDT by NativeNewYorker
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To: NativeNewYorker
Are they talking about the San Jose Power Station that was completed in in 2001?

I was there.
2 posted on 07/29/2003 10:23:52 AM PDT by I got the rope
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To: I got the rope
Awesome screen name!!
3 posted on 07/29/2003 10:26:34 AM PDT by NativeNewYorker (Freepin' Jew Boy)
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To: NativeNewYorker
ACTIONS HAVE CONSEQUENCES. So GW, what are they with Enron & Bubba or Hillary??? What are they for JessieHIGHJackson or illegals or Saudi Arabia? We know what they are for Trent Lott, the conservative judicial appointees,etc
4 posted on 07/29/2003 10:28:09 AM PDT by Digger
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To: NativeNewYorker
http://www.duke-energy.com/news/releases/2001/Nov/2001110801.html

http://www.tecopowerservices.com/PSJnsMsbchr.html

http://www.ei.enron.com/presence/caribbean.html

http://www.casgen.com/pr/pr990012.htm
5 posted on 07/29/2003 10:39:12 AM PDT by I got the rope
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To: NativeNewYorker
Enron is, was, and always has been yet another scandal aided and abetted by the US government between the years of 1992 and 2000. It was not the only one blamed on the following administration when the corruption had been uncovered after 2001 had begun.
6 posted on 07/29/2003 10:52:20 AM PDT by Maelstrom (To prevent misinterpretation or abuse of the Constitution:The Bill of Rights limits government power)
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