Enron did not disclose deals nature: S&P

By Our Corporate Bureau | 24 Jul 2002

Enron did not disclose deals nature: S&P
Our Corporate Bureau
24 July 2002


Washington: Enron did not disclose to Standard & Poors (S&P) rating services the debt-like nature of certain structured finance transactions and their effect on Enrons financial situation, S&Ps credit analysts submitted before the senate permanent subcommittee on investigations.

The subcommittee hearings on The role of the financial institutions in Enrons collapse began on 23 July 2002 here.

Enron did not, despite our repeated requests for complete, timely and reliable information, disclose any information revealing a link between the prepaid forward transactions and the swap transactions, says S&P managing director Ronald M Barone, who is one of the principal credit rating analysts covering Enron.

Similarly, Enron provided no indication that these transactions were in any way related to any of (its) Yosemite or credit-linked notes transactions despite an explicit inquiry by S&P regarding the effect, if any, of these structured finance transactions on Enrons financial situation, he says.

If such links did, in fact, exist and Enrons use of prepaid forward transactions and swap transactions were, in reality, an alternate form of financing giving rise to debt-like obligations, such information would have likely had a material impact on our rating analysis. The revelation of the debt-like nature of these transactions would also have had a substantial effect on our qualitative analysis of Enrons credit, Barone says.

He makes it clear that on no occasion did S&P advise, consult or suggest to Enron that it should employ these prepaid forward transactions and/or swap transactions or any other means, to increase cash flow.