-Caveat Lector-

July 23, 2002 9:45 a.m.

Joe Lieberman’s Cover-Up
Where is Robert Rubin?

 The news this morning for Citigroup, Inc., one of Enron's largest
creditors, is bad.

The New York Times reports that "senior credit officers of Citigroup
misrepresented the full nature of a 1999 transaction with Enron
in the records of the deal so that Enron could ignore accounting
requirements and hide its true financial condition, according to
internal bank documents and government investigators." The Wall
Street Journal reports that Enron "marketed similarly structured
deals to a slew of other companies." And yesterday, the Washington
Post reported that Citigroup, along with J. P. Morgan Chase & Co.,
"transferred billions of dollars to Enron ... in recent years in what
amounted to loans that Houston energy trader concealed as it
struggled to survive .…"

Given the central role played by Citigroup in concealing Enron's debt
from investors, the general public, and government regulators, why,
then, hasn't former Clinton treasury secretary, Robert Rubin, now
the chairman of Citigroup's executive committee, been called to
testify before Congress? In particular, why hasn't the chairman of
the Senate Governmental Affairs Committee, Senator Joseph
Lieberman, sought Rubin's testimony? After all, Lieberman is
heading  up the Senate's investigation into Enron's bankruptcy and
fraudulent dealings.

And there's ample reason to hear from Rubin. In addition to this
week's disclosures about Citigroup's assistance in cooking Enron's
books, during Enron's final days Rubin played a direct role in
attempting to conceal Enron's financial condition from credit-rating
agencies. Specifically, on November 8, 2001, Rubin made a
telephone call to Peter Fisher, the Treasury Department's
undersecretary for domestic finance, seeking Fisher's intervention
with Wall Street credit-rating agencies on behalf of Enron when
those agencies were about to downgrade Enron's ratings.

As reported on January 12, 2002 by the Associated Press,
according to Treasury Department spokeswoman Michele Davis:
"Rubin asked Fisher what he thought of the idea of  Fisher placing a
call to rating agencies to encourage them to work with Enron's
bankers to see if there was an alternative to an immediate
downgrade.

Fisher responded that he didn't think it advisable to make such a
call.

Rubin said he thought that was a reasonable position. Fisher made
no such call."

Rubin's spokesman, Michael Schlein, told AP that Fisher's
characterization of the phone call was "largely accurate." He added
that Rubin "had prefaced the call by saying, 'This may not be the
best idea,' and in the end agreed with Fisher that it wasn't a good
idea." Neither the fact that the call was made nor the purpose of the
call are in dispute.

Moreover, AP reported that at a March 21, 2002 hearing before
Lieberman and his committee, John Diaz, managing director of
Moody's Investors Service, a major credit-rating agency, Diaz
testified that Rubin had contacted him about seeking a higher
credit rating for Enron. Diaz said nothing came of Rubin's telephone
call. However, this was the second time Rubin intervened in an
attempt to keep Enron's credit rating high.

When asked why credit-rating agencies delayed the lowering of
Enron's rating, Diaz said that Enron executives lied to his agency in
the fall of 1999 about its complex web of partnerships and that
"material information was missing."

Consider Lieberman's remarkable reply: "I feel as if you weren't as
aggressive as you should have been. We have got to look seriously
at creating some kind of system of accountability and monitoring of
what the agencies are doing."

Yet, Lieberman knew that Rubin, on behalf of Citigroup — which
had an approximate $1billion investment in Enron and the potential
of large merger and other fees in pending deals — on at least two
occasions, sought personally to protect Enron's credit rating. Still, as
best as I can tell, Lieberman has never asked Rubin to testimony
before his committee. Furthermore, Carl Levin, chairman of the
Senate Governmental Affairs Committee's Permanent
Subcommittee on Investigations, which is holding a hearing today on
"The Role of the Financial Institutions In Enron's Collapse," has, to
the best of my knowledge, not sought Rubin's testimony. (An inquiry
I made to Levin's subcommittee asking whether Rubin would be a
witness at today's hearing went unanswered.)

On January 14, 2002, while being interviewed about Enron's
collapse on the NewsHour with Jim Lehrer, Lieberman said, in part:
The stock was being touted by executives of the company, while
they, in fact, were selling theirs and average stockholders were
holding on and in the process of losing their life's savings, so this
was a really shocking and unsettling scandal in which greed and
arrogance, deception and fraud and maybe criminal behavior was
involved.

Lieberman's supposed concern for "average stockholders" and
"their life's savings" clearly doesn't outweigh his political interests in
covering up Rubin's central role in helping to prop up Enron and
protect Citigroup's investments. If Lieberman were to force his fellow
Democrat to testify about his conduct,  the Democrats might lose
their election-year issue. Meanwhile, Citigroup's stock value has
declined by more than ten percent, to the lowest level in nearly three
years, on news of its deceptive activities.


  http://www.nationalreview.com/levin/levin072302.asp

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