[I thought economists didn't believe in the soul? Oh, and Fritz Hollings can redeem 
himself by
telling CSpan viewers "that, yes, FedEx workers need and have the right to a union 
just like UPS!",
senile bastard pile of frog crap.]

Gloom as Kenneth Lay slips off the hook

Enron man 'adds years' to inquiry by pleading Fifth Amendment

Matthew Engel in Washington
Wednesday February 13, 2002
The Guardian

Congressional investigators predicted that the unravelling of the Enron affair would 
now take
"several years" after the fish everyone was most anxious to catch slipped away 
yesterday.

Kenneth Lay, the former chairman and chief executive of the fallen energy company, 
answered his
subpoena to appear before the Senate Commerce Committee and, as predicted, answered no 
questions,
asserting his right under the Fifth Amendment not to incriminate himself. In a brief 
statement to
the committee, Mr Lay said he was "deeply troubled" by the dilemma and had reached his 
decision not
to give evidence only after "deep soul-searching".

The senators were left almost gasping with frustration. "It's not possible to 
determine why the
Enron ship is at the bottom of the ocean unless we hear from the captain," said Ron 
Wyden of Oregon.
"We are all reduced to a sense of futility," said John Kerry of Massachussetts.

With the enactment of this time-honoured and ritualised piece of Washington political 
theatre, the
vast number of investigators working on the case have nowhere to go except towards 
reform of company
law and/or a long slog of evidence-gathering to tie corporate executives - up to and 
including Mr
Lay - to specific crimes.

The task is being complicated by absurd duplication. Thirteen separate congressional 
committees are
looking into the case: some of them do not expect to begin hearings before the autumn. 
These are in
addition to all the federal and local agencies which will eventually have to place 
their findings
before a grand jury if prosecutions are to result. "The task is absolutely 
gargantuan," said a
congressional source. Enron had 2,832 offshore subsidiaries, all of which will 
presumably need to be
studied.

So far most of the investigative headway has been made by the media. The Wall Street 
Journal
yesterday compounded the senators' frustration by managing to link Mr Lay, for the 
first time, to at
least one of the "executive-run partnerships" which helped hide Enron's debts. The 
Journal had a
document with Mr Lay's signature approving a deal with the LJM2 partnership, run by 
Enron's former
chief financial officer Andrew Fastow. Previously, Mr Lay had said he was not fully 
informed about
the partnerships.

All the committee could do was force Mr Lay to listen, for an hour and a quarter, to 
the senators'
individual statements. He sat, as upright and impassively as he could, while the 
politicians - many
of whom had taken his money -lectured, hectored and occasionally insulted him. Peter 
Fitzgerald of
Illinois called him a "most accomplished confidence trickster" and added: "I'd say you 
were a car
nival barker, except it wouldn't be fair to carnival barkers."

Barbara Boxer of California, whose state suffered an energy crisis last year in which 
Enron was
deeply implicated, told him: "I know you're not going to talk to the committee. You 
have the right,
but I have the right to talk to you. My state was bled dry by your price-gouging. And 
what you did
to your employees was without conscience."

Mr Lay said his refusal to answer questions was solely at the insistence of his 
lawyers and added:
"I come here today with a profound sadness about what has happened to Enron, its 
current and former
employees, retirees and other stakeholders."

He is the sixth person involved in this scandal to plead the Fifth Amendment before 
Congress. And
the one significant exception, Jeffrey Skilling, also a former chief executive, was 
widely
excoriated for his insistence that he was ignorant of the company's practices.

Nearly all the senators refrained from overt political points, although the crucial 
House vote on
campaign finance reform, expected today, provided a strong undertow to proceedings. 
The one
exception was the chairman, Fritz Hollings. "There's no better example than Kenny Boy 
of
cash-and-carry government," he said. Mr Lay tried not to wince.

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