SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS January 24, 2002
Why were senior Arthur Andersen employees especially reminded by their lawyers to implement their document retention policy in other words, to get rid of paper just as concerns about Enrons accounting were reaching a fever pitch? Why didnt Arthur Andersens litigation attorney or its outside litigation counsel send Andersens Enron team a memo on October 22 the day Enron announced an SEC inquiry and tell them to retain all documents? Mr. Berardino, who refused to testify today, told us Sunday on "Meet the Press" that Andersens policy was to do so. Yet Ms. Temple did not write such a memo until November 10, after Andersen received a subpoena. Why did Arthur Andersen management let it happen? Why did anyone at Arthur Andersen in their right mind think that document destruction when an SEC inquiry involving accounting practices was underway was appropriate? Was that the real Andersen policy, which is what company officials told our staff in interviews? Today we start to learn what happened. Today we start the process of holding people accountable. Today we start to determine what tough action is required to prevent this kind of affront to our system of laws from ever happening again. And if these witnesses cant tell us, Mr. Chairman, I look forward to hearing from those who can. I also look forward to additional hearings on the accounting skullduggery that flourished. How should all of these shadowy special partnerships have been disclosed? How did Arthur Andersens overlapping roles as outside and inside auditors, and its conflicting roles as auditor and consultant, hurt full and fair disclosure? How did the lack of transparency, accountability, and enforcement for the accounting industry enable the Enron shell game to go undiscovered? How has the additional legal protection given the accounting industry by Congress over President Clintons veto hurt the ability of victims to seek redress? What happened here? Are Arthur Andersens document destruction, and accounting shenanigans, a matter of individual conceit wayward individuals intent on protecting their careers? Are these a matter of corporate conceit a company thinking it was above the law? Are these a matter of industry conceit an industry thinking that its powerful political patrons would protect it once again? I look forward to a most vigorous hearing, and the continuation and expansion of a most vigorous investigation. - 30 - (Contact: Laura Sheehan, 202-225-3641)
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