While the implosion of Enron is almost as murky as the bankrupt company’s
financing schemes, its self-dealing
and scamming have evoked memories of other great business scandals,
such as Teapot Dome and the South
Sea Bubble. Whether or not those analogies ever prove to be justified,
the most compelling political comparison
for the moment is with another scandal that turned out, despite the
investigative zeal of journalists, pols and
prosecutors, to be more squib than bombshell: Whitewater.
Consider the stated purposes of the long, costly probe into that tiny,
troubled land deal, as expressed in the final
report of the Senate’s Special Committee to Investigate the Whitewater
Development Corporation and Related
Matters (Alfonse M. D’Amato, chairman). According to the report’s preface,
its mission was to investigate
"the complex web of intermingled funds, fraudulent transactions, political
favors and conflicted relationships,"
all of them "woven together by common and recurring themes of abuse
of power, fraud on federal institutions
and theft of public funds, and frequent neglect, if not deliberate
disregard, of professional, ethical, and at times,
legal standards," including "clearly identifiable patterns of motivation,
conduct and, at times, concealment."
If those damning phrases sound familiar, then perhaps you’ve been reading
some of the better coverage of Enron
in periodicals like Fortune, which concluded that even if no one ever
goes to jail, "it feels as though a crime has
been committed."
That question will be decided by the courts, which must determine whether
Enron was sunk by "fraudulent transactions"
as well as more mundane abuses of corporate authority. But there is
no question that Enron’s corporate history is laden
with "political favors" and "conflicted relationships" with leading
figures in the White House, regulatory agencies and
the Senate itself.
Those relationships extend well beyond the $2 million bestowed on the
President and other politicians by Enron
executives, or the substantial blocks of stock held by Bush appointees,
or the formidable cadre of connected
lobbyists, consultants and officials that make the White House resemble
an Enron branch office.
One place to start untangling the Enron tale might be the moment in
early 1993 when Bush appointees on the
Commodity Futures Trading Commission voted to exempt energy traders
from its anti-fraud regulations.
The commissioner who initiated that convenient rule-making process,
following a post-election request from
Enron and several similar companies, was Wendy Gramm, wife of the Texas
Senator. She left the CFTC just
before the actual vote and, five weeks later, joined the Enron board
of directors. This was merely a coincidence,
as she and her benefactors in Houston later explained.
Coincidence or not, that decision pulled open the "regulatory black
hole" in which Enron thrived and connived.
It also represented the beginning of an unwholesome pattern that culminated
earlier this year, when Enron’s
generosity to the Bush-Cheney campaign evidently won its executives
the right to choose their own regulators
in Washington. (Meanwhile, those same strutting geniuses were unloading
their watered-down stock into the
pension portfolios of their unfortunate employees.)
The immediate justification for the Senate probe of Whitewater was that
Madison Guaranty, the storefront
savings-and-loan operated by small-time hustler James McDougal, had
cost the government about $65 million
in bailout funding. Setting that pitiful amount against the $60 billion
or so that suddenly evaporated from Enron’s
market capitalization–as Gene Lyons and Molly Ivins have noted–offers
a way to chart the difference in magnitude.
Yet so far, thanks to the "war on terrorism" and perhaps other, less
patriotic factors, the level of public indignation
is inverted; Enron seems to generate about one-tenth of 1 percent as
much concern as Whitewater did.
The Justice Department and the Securities and Exchange Commission are
examining Enron, of course, and various
committees of Congress are also looking into the matter. Their approach,
however, is strangely desultory and
deferential. Enron founder and chief executive Kenneth Lay blew off
an invitation to appear before a House
committee the other day, prompting an audible yawn from the same media
outfits that screamed incessantly
about "the Whitewater scandal" year after year. Those excitable editorialists
at The Wall Street Journal have
dismissed Enron’s problems as an example of "bad accounting."
Imagine the outcry if, instead of providing a million pages of documents
to the Senate Whitewater Committee,
the Clinton White House had withheld all relevant papers. That is precisely
what Vice President Dick Cheney
has done to date, in response to requests from the House Government
Reform Committee about private meetings
that he and his energy task force held with Enron executives.
And imagine what Mr. Lay might have said to Mr. Cheney and Larry Lindsey,
the former Enron consultant who
now serves as the President’s chief economic advisor, during those
secret sessions.
You’ll have to imagine, at least for now, because the Vice President
and his cronies aren’t talking–and because
nobody in the media is even asking.