 By KAREN HOWLETT
Wednesday, July 24, 2002 – Page B1
U.S. Senate committee investigators have named two Canadian
banks -- Royal Bank of Canada and
Toronto-Dominion Bank -- as participants in a group
that lent more than $1-billion in "prepay" financing to
Enron Corp.
Such financing assisted Enron in carrying out its
widespread accounting deceptions, investigators said, although
they did not say the banks did anything wrong.
Enron used such funds to inflate its operating cash flow
and conceal its debts, alleges a U.S. Senate committee probing
the role played by financial institutions in its collapse.
The funds were advanced to Enron through a so-called
"prepay" financing, typically an arrangement where a company
receives money up front for services to be provided down the
road.
What Enron did was construct elaborate commodity trades in
order to book the proceeds from the prepay financings as
operating cash flow, Robert Roach, chief investigator of the
Senate permanent subcommittee on investigations, said in
prepared testimony for a hearing yesterday.
"But when all the bells and whistles are stripped away," he
said, what remains is a loan to Enron. The company should have
booked the proceeds from the prepay financings as a debt, not
a trading liability, he added.
While RBC and TD have been swept up in the scandal
surrounding Enron, the Canadian banks are not the target of
investigators. In fact, most of yesterday's hearing focused on
the role played by New York-based J.P. Morgan Chase &
Co. and Citigroup Inc., which together did
$8-billion in prepay financings with Enron over a six-year
period, Mr. Roach alleges.
Officials from both RBC and TD will not be asked to testify
before the committee, Elise Bean, an aide to committee
chairman Carl Levin, said in an interview yesterday.
"We have all we can do with doing our own banks here at
home," she said. "And to be fair, the two banks that did 95
per cent of it were Citibank and Chase."
The testimony presented at the hearing was the first time
TD's name has been mentioned in connection with any
investigation into Enron following its bankruptcy filing last
December.
"We are confident that our dealings with Enron were
entirely appropriate at the time, based on the information
provided to us by Enron," TD spokesman Neil Parmenter said
yesterday.
RBC has also not been named in any Enron-related
investigation prior to yesterday. But it is embroiled in a
lawsuit with Rabobank of the Netherlands over a $517-million
Enron-related financing. And the three former British
employees of RBC who structured that deal have been charged
with fraud in connection with a separate Enron financing.
RBC spokesman David Moorcroft said yesterday that the bank
is "very comfortable with [the Rabobank] transaction."
Mr. Roach says in his prepared testimony the evidence
reviewed by his staff over the past seven months shows that
some financial institutions were aware Enron was using
questionable accounting and actively aided the company in
return for fees and favourable consideration in other business
dealings.
"The evidence indicates that Enron would not have been able
to engage in the extent of the accounting deceptions it did,
involving billions of dollars, were it not for the active
participation of major financial institutions willing to go
along with and even expand upon Enron's activities," he
alleges.
As well, he said, some of these institutions "knowingly
allowed investors to rely on Enron financial statements that
they knew or should have known were misleading."
Citigroup did 14 prepay transactions worth $4.8-billion and
J.P. Morgan 12 transactions worth $3.7-billion over six years,
the hearing was told.
"Enron's practice of using prepay transactions to
understate debt and overstate cash flow from operations made
its financial statements look much stronger," Mr. Roach
states.
If Enron had properly accounted for these transactions, its
total debts for 2000 would have soared by $4-billion to
$14-billion and its cash flow would have dropped in half to
$1.7-billion, he says.
Enron could not have done this without the participation of
the financial institutions, notably J.P. Morgan and Citigroup,
he alleges. The banks not only provided the funding, they
allowed Enron to use their offshore entities as "sham trading
partners" so that the company could disguise loans as
commodity trades, he alleges.
"By design and intent, the prepays as structured by Enron
and the financial institutions made it impossible for
investors, analysts and other financial institutions to
uncover the true level of the company's debts."
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