Dec. 19, 2001 | The headline-grabbing Enron scandal is proving to be
a cattle
prod thrust deep into the haunches of the political establishment.
Suddenly,
members of Congress are falling all over each other in an effort to
grab a piece
of the Enron investigation limelight. No fewer than eight House and
Senate
committees are already holding hearings or plan to hold them in the
near future.
But where were all these guardians of the public interest when Enron's
executives were playing fast and loose with the books while bilking
employees
and investors out of their life savings? Maybe they were at the bank
cashing
all those campaign checks doled out by free-spending Enron executives
-- or
having a free lunch with one of the company's high-powered lobbyists.
Nor were our political leaders the only ones asleep at the switch. Where,
for
instance, were the "independent" Wall Street experts who, despite having
serious do
ubts about how Enron actually made its money, kept touting the company,
helping to
send its stock price soaring? Clearly, the market bulls were all too
eager to buy into
the company's bull. And where were the "independent" financial journalists
who,
instead of digging for answers, collectively genuflected at the mere
mention of the
Enron miracle? (The editors of Fortune voted Enron the "most innovative"
of the
magazine's "most admired" companies six years in a row.)
And where were the "independent" members of Enron's board of directors,
some
of whom Enron rewarded with lucrative consulting contracts or generous
donations to their favorite charity?
Unfortunately for Enron's investors and employees, we know exactly where
the
bankrupt behemoth's longtime auditor, the accounting firm of Arthur
Andersen,
was while the company was being looted: double-dipping as highly paid
consultants. Arthur Andersen pocketed a cool $27 million from Enron
while
also inspecting the company's books. Now there's a recipe for objectivity.
It's just a tad harder to blow the whistle when you're making a mint.
How, you might ask, can such a mega-million dollar conflict of interest
be legal?
Well, actually, we have the new head of the Securities and Exchange
Commission (SEC)
-- the government body charged with regulating this kind of financial
monkey business
-- to thank for that.
Here's what happened: Last year, then SEC Chairman Arthur Levitt proposed
a
long overdue ban on accounting firms performing additional services
for
companies they are auditing -- precisely the sort of dual relationship
Arthur
Andersen had with Enron. But his efforts were beaten back by a furious
lobbying campaign mounted by the accounting industry's über-lobbyist,
Harvey
Pitt, a man who has made a career out of butting heads with the SEC.
So when the Bush administration got around to naming its choice to head
the watchdog
agency this summer, whom do you think they picked? That's right, SEC
nemesis Harvey Pitt.
Which is a little like naming Osama bin Laden to run the Office of
Homeland Security.
Now I'm not saying that Pitt is corrupt -- just the wrong man for the
job.
Soon after taking office, the new chairman promised to turn the SEC
into a
"kindler, gentler" agency. But, as the Enron debacle proves, we don't
need
regulators who are kind and gentle -- we need them to be vigilant and
unrelenting.
In another example of our leaders' blurry oversight, many of those on
the
Hill now calling for the heads of Enron officials were noticeably silent
when
Pitt sailed through his confirmation process. Which is not surprising
given
the cozy relationships that permeate that world. Just last week, Pat
Shortridge, a top aide to Dick Armey who had recently left his office
to
lobby for Enron, quickly returned to work for the House majority leader
as
soon as the Enron gig turned sour.
A host of changes are clearly needed to ensure that the Enron fiasco
isn't
repeated. Some are legislative, some involve campaign finance reform.
But
these will all take time. We need something that will show that Washington
is
ready to get serious about minding the public good -- and not just
hogging
the scandal spotlight.
Which is why Harvey Pitt should resign before the year is out. I'm sure
he
won't be out of work long -- I hear the folks at Enron could use a
good lawyer.