The Enron Connection to the 1989 Bennett v Southern Pacific witness murder the

Enron Lawyers in the Hot Seat


In 1989 above attorney was defense counsel in the matter of Bennett versus Southern Pacific he is also one of Alamo first Mormons that is a prime suspect in blowing my truck up and even more likely a prime suspect connected to the Kinder Morgan explosion in Walnut Creek.


FBI agent Frank Doyle Jr pops up everywhere I'm more detailed analysis at forensics R Us dot-com


Mayor Newsom of San Francisco sponsored a $250,000 reward and there was somebody I knew from 1988 her husband wants work for me and most crackheads can't even put a noodle in enough let alone put a bullet between his somebody eyes.

##########$#$$

Southern Pacific Union Pacific Santa Fe pipeline Partners BNSF and Ron and Kinder Morgan bunch of relabeled terrorist


Once ranked as the seventh-largest corporation in the world, energy trader Enron Corp. was a high-flying success story of the bubble economy of the late 1990s.


The bubble burst in 2001, when Enron revealed it would incur losses of at least $1 billion and would restate its financial results. Soon, Enron’s stock lost nearly all its value, and in December 2001 the company filed for Chapter 11 bankruptcy.

Now the finger-pointing and lawsuits are under way, and among the targets of criticism are some of the lawyers who worked for Enron, both in-house and on retainer. Those looking for new details about their work need look no further than the four reports totaling 4,500 pages produced last fall by court-appointed bankruptcy examiner Neal Batson.

Appointed in May 2002 by the U.S. Bankruptcy Court of the Southern Dis­trict of New York, Batson outlines possible causes of action against lawyers and law firms for legal malpractice and for aiding and abetting of­ficers’ wrongful conduct. The lawyers and firms provided services and advice relating to Enron’s so-called special purpose entities, known as SPEs, which were allegedly used along with aggressive accounting techniques to manipulate Enron’s financial statements.

Batson was appointed to investigate and report on En­ron’s use of SPEs and the roles of Enron’s officers, directors, accountants, attorneys and financial institutions.

Outside law firms named in the reports include two Texas law firms: Austin-based Vinson & Elkins, Enron’s primary law firm; and Houston-based Andrews & Kurth, Enron’s firm of choice for legal work in connection with so-called FAS 140 transactions. Enron used these structured finance transactions to transfer illiquid assets to special purpose entities while retaining control of the assets and assuming liability for the debt incurred.

Among the in-house attorneys mentioned were Enron general counsel James V. Derrick and associate general counsel Rex Rogers, the in-house lawyer primarily responsible for disclosures in Enron’s filings with the Securities and Exchange Commission.

MOUNTAINS OF EVIDENCE

During the 18-month investigation, Batson and roughly 100 cohorts at the Atlanta law firm of Alston & Bird produced more than 40 million pages of documentary evidence and testimony from about 300 witnesses. By Bat­son’s reckoning, $10 billion in potential claims for the estate has been identified, and $500 million in settlements has already been approved by the court. Alston & Bird billed about $75 million for the reports and incurred roughly $20 million in expenses.

To date, the bankruptcy court has filed no claim against either Enron’s in-house or outside attorneys, but it is supervising Enron’s reorganization under Chapter 11.

Batson does not go so far as to conclude the lawyers committed malpractice, a point emphasized by Vinson & Elkins’ counsel, John Villa of the Washington, D.C., law firm Williams & Connolly.

“In fact, the examiner was careful to make clear that he was not reaching any such con­­clusion,” Villa says.

“Instead, as the examiner explained, he was merely iden­­ti­fying possible claims for which he found sufficient evidence—ignoring any evidence to the contrary—that the claims would be submitted to a jury for decision, rath­er than being dismissed before trial on a defense motion for summary judgment … or dismissed by the court as a matter of law at the end of the plaintiff’s case.”

Meanwhile, Vinson & Elkins has been named in a shareholder class action lawsuit filed in U.S. District Court for the Southern District of Texas in Houston on April 8, 2002, by Milberg Weiss Bershad Hynes & Lerach, led by partner Bill Lerach. The complaint alleges that “Vinson & Elkins engaged and participated in … contrivances and manipulations to help inflate Enron’s reported financial results.” The law firm has denied wrongdoing.

Lerach told the ABA Journal that he needed to receive clearance to discuss the case, but he had not called back at deadline.

Derrick was named as a defendant in an action brought by Enron’s unsecured creditor’s committee filed in Au­gust 2002 in Texas state court. According to lead coun­sel Charles Cunningham of the Dallas firm of McKool Smith, the case has been removed to the U.S. District Court in Houston. Cunningham says the case is in discovery, and he expects depositions to begin this month.

The reports by the bankruptcy examiner note that the attorneys and law firms deny knowledge of wrongful conduct by the company’s officers. Lack of knowledge is one of several legal and factual defenses the lawyers could raise, the reports say. They also may argue that Enron’s board approved many of the suspect transactions, and that the company had considered concerns and made an appropriate business decision.

They also could assert that the wrongful acts committed by Enron’s officers should be imputed to the corporation. In that case, they could argue that Enron’s wrongful conduct was greater than their wrongful conduct, and therefore claims by Enron should be barred or reduced under comparative fault rules.

Batson’s extensive reports delve into many complicated financial transactions. According to the reports, the SPE structures were complex, but Enron’s objectives were simple: to borrow money without recording debt, and to record the loan proceeds as cash flow from operating activities.

In many instances, outside law firms provided legal opinions that were used to support Enron’s aggressive accounting techniques. “An attorney’s willingness to provide certain legal opinions was, as a practical matter, crucial to Enron’s ability to complete the FAS 140 transactions,” says one of the reports.

TRUTH IN LETTERS

The documents allege that Vinson & Elkins sometimes supplied “true issuance” opinion letters despite questions about whether they could be used to support beneficial accounting treatment. These were used in place of more rigorous “true sale” opinion letters, which verify that the transfer of assets includes a surrender of control that is sufficient to satisfy accounting standards.

The reports cite other Vinson & Elkins activities that could possibly support liability, including its representation of Enron in transactions with names such as “Rhythms” and “Raptors” that had no rational business purpose except to manipulate Enron’s revenue. Other alleged activities include:

• Rendering tax opinions that helped Enron generate accounting income from projections of future tax savings.

• Giving a true sale opinion that enabled Enron to book a $20 million gain in a transaction involving the company’s forest products business, even though there was no valid business purpose for the transaction.

• Investigating allegations by Enron whistle-blower Sherron Watkins without making full disclosure about its role in some of the transactions being investigated.

Andrews & Kurth rendered at least 24 opinions regarding the FAS 140 transactions. The reports say a fact-finder could possibly determine the law firm knew that Enron as a practical matter retained control of assets transferred in many of the transactions, and that Enron was engaging in the transfers to produce misleading financial statements.

‘CRITICISMS ARE UNFOUNDED’

Andrews & Kurth’s attorney, Paul Coggins, a principal at Fish & Rich­ard­son in Dallas, defends his client’s work. “A fact-finder will find that the work Andrews & Kurth performed for Enron was exceptional work performed by nationally recognized lawyers,” he says. “An­drews & Kurth cooperated fully with the examiner. The examiner’s criticisms are unfounded and fall well short of proof.”

The reports also say Derrick, the general counsel, apparently failed to educate himself and Enron’s board about suspect transactions. According to the reports, Derrick viewed his principal role as that of administrator of the law department, relying on the general counsel of each business unit to manage transactions.

“Few issues relating to the SPE transactions appear to have been [elevated] to him,” says one of the reports. “In those instances when issues came to his attention, however, the evidence suggests that Derrick did not fully analyze the issue but rather accepted the conclusions of others with­out probing or testing them.”

In an e-mail statement, Derrick’s lawyer, Cliff Gunter of the Houston-based firm of Bracewell & Patterson, says, “The evidence is clear that Mr. Derrick fulfilled his duties to Enron and the board of directors. … We are pleased that the examiner found no grounds to attribute any intentional wrongdoing to Mr. Derrick and believe that the evidence, considered as a whole, will clear Mr. Derrick of any criticism.”

The reports also suggest that Rog­ers, Enron’s chief securities counsel, may have failed to inform himself properly. “A fact-finder could conclude that Rogers failed to discharge his responsibilities to advise Enron with respect to the disclosure issues surrounding the SPE transactions. Al­though Rogers testified that he took some steps to understand several of Enron’s most frequently used SPE transactions, … he said he found them ‘complex.’

“While it is true that many of the transactions were exceedingly complicated in their structure, the reason that certain Enron officers used them —to manipulate En­ron’s financial statements—was not. If in fact Rog­ers was unable to understand these transactions, he could not properly advise Enron regarding the necessary disclosures.”

Rogers’ lawyer, Michael Rauh of the Washington, D.C., law firm of Manatt, Phelps & Phillips, disputes the reports’ conclusions. “Mr. Rogers would strenuously contend that Mr. Batson is just plain, flat-out wrong.” He declines to elaborate.

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Nejedly Incident The Jonestown Massacre The Judi Bari Bombing The Karaoke Murders The Kennedy Assassination The Kennedy Files The Kidney Killers The Kinder Morgan The King of England The Leslie Milne Bennett Trust The Lester Garnier Murder The Locust Street Murders The Margaret Lesher Murder The Metcalf Substation Attack The Missing Geary Road Farmers The Mormon Murders The Mueller Investigation The Murder of Margaret Lesher The Murder of Officer Lester Garnier The Murders Impossible The Northern District of California The Officers of Contra Costa County Police Scandal The Oracle and the Bloodied Activist The Orphan Factory The Pamela Vitale Murder The People Temple Finances The Peoples Temple The Peter Branagh Investigation The Peterson Conspiracy The PG&E Investigation Portal The Phillip Garrido Story The Phillip Marshall Story The Pittsburg Officer Wade Derby Civil Case The Presidential Murders The Public Official Murders The Pulitzer Prize The Pulse Nightclub Files The Queen of England The Real Estate Investing Series The Ringheim Murders The Rise Fund The Russia Files The Russian Connections to Bennett The Safeway Conspiracy The Scherer Murders The Scott Dyleski Story The Scott Peterson Story The Scott Shepherd Story The Scott Shepherd Tragedy The Sealed Federal Indictments The Seeno Family Criminal Saga The Serial Arsonist The Sniper Files The Southern Pacific Conspiracy The Sports Authority The Star Chamber The Starbucks Murders The State Bar The State Bar of California The Story Series The Strack Family Murders The Strack Murders The Strack Story The Suicide Files The Susan Kennedy Murder The Susan Polk Files and Analysis The Susan Polk Murder The Susan Polk Story The SW Florida Cartels The Taiwanchik-Trincher Organization The Terrorism Files The Texas State Bar The Theranos Money Machine The Three Suicide Story The Ticket Masters The Tiki Toms Murders The Torres Family Murders The Torres Murders The Tragedy Tracker The Tragic Tales of Ratliff family The Transgender Murders The Unarmed Candidate The Unarmed Constituent The Unionized Trusts The United States Attorney's Offices The Unusual Ratliff Family Deaths The Van Vorhiss Collection The Virus Files The Visa Wars The Walker Family Murders The Wall Street Journal The Welfare Makers The White House Theranos TheSerialArsonist.com TheSniper Thoma Bravo Thomas C. Wales Thomson Reuters Corporation in TIMELINEJS Timelines Tinker Ventures TITLE 18 Title 18 Constituent Discrimination Services Title 18. CRIMES AND CRIMINAL PROCEDURE Todd Cambra TODO Together Building a Better California Tom Van Voorhis Torres Murders TOSCO CORPORATION Towing Town of Danville Town of Danville. TODO Town of Moraga Town of Orinda Town of Paradise Toys "R" Us TPG TPG Energy TPG Capital TPG Companies TPG Energy TPG GLOBAL 301 COMMERCE STREET TPG Growth TPG Newbridge TPG Newbridge Capital TPG Pace Energy Holdings (“TPGE”) i TPG Pace Holdings Corp Trammell Crow.Category III Development Transcripts Transgender Treasuries Trinity Center Trinity Center Walnut Creek Trump Trump Towers Turton TWA 800 U.S. Department of Energy UC Regents UC System UCIS UCOP UK Ukraine Union Nurses Union of Concerned Scientists Union Pacific Union Racketeering Union Station Unionized Atomic Workers Unionized Court Personnel Unionized District Attorneys Unionized Investigators Unionized Public Employees Unionized Railroad Workers Unions United States Attorney United States Attorney John Ashcroft United States Senate University of California US Airways Flight 1549 US Attorney US Attorney John Ashcroft US Attorneys US Grand Jury US News US-Economy US-Environment USAMA usao-wdwa USCF USCIS USDJO USDOJ Useppa Island Utah Utilities Utility Terrorism Vadim Trincher Valley Vanstar VCP Vector Capital Vehicle Fire Venture Capital Venture Capital City of San Jose Vestar Capital Partners Vestar Property Management Victim Profile:GhostShip Fire Victims Videos Vinod Kholsa Vinson & Elkins Virginia Beach Shootings Visa - Debates Visa ~ B-1 Visa ~ Companies Visa ~ Congress Visa ~ EB-5 Visa ~ Grass Roots Visa ~ L-1 Visa ~ USIC Visa ~ Visa Mills Visa Debates Visa Fraud Visa Mills Visa Murders Visas and Companies Visas and Congress Visas and Dead Programmers Visas Explained Vitale Murder VitaWear Voter Fraud WA-Seattle Walker Walker Avenue WalntCreekMurders.com Walnut Creek Walnut Creek Bomb Squad Walnut Creek City Council Walnut Creek City Council Communications Walnut Creek Downtown Walnut Creek Explosion Walnut Creek Ford Walnut Creek Incident Maps Walnut Creek Kidnapping Walnut Creek Murders Walnut Creek Pipeline Explosion Walnut Creek Planning Walnut Creek Police Walnut Creek Police Department Walnut Creek Presbyterian Walnut Creek Public Library Walnut Creek Public Officials Walnut Creek Real Estate WalnutCreekMurders.com Walter Ng Warner Music Group Warren Buffett Washington State Investment Board WCPD Wells Fargo Wells Fargo Bank WellsFargo Wendys Whistleblower Wiki Wildfires William McGlashan WILLIAM TAUSCHER William Walker Willkie WilmerHale Wilson Meany Witness Intimidation Witness Murders Witness Retaliation Witness Tampering Witness Termination Workday World World Poker Tour World Power Tour World Trade Center WTC bombings WTC Bombings. 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