-Caveat Lector-

Euphorian spotted this on the Guardian Unlimited site and thought you should see it.

To see this story with its related links on the Guardian Unlimited site, go to 
http://www.guardian.co.uk

Bank pursues Enron's insurers for $1bn
David Teather in New York
Monday December 02 2002
The Guardian


JP Morgan Chase yesterday began its move to wring $1bn in Enron-related losses out of 
11 insurance companies which have refused to honour contracts signed before the energy 
group went bankrupt.

The court case opened in Manhattan and is the first trial related to the collapse of 
the company since the successful prosecution of its auditor Arthur Andersen. The case 
begins exactly a year after Enron filed for bankruptcy and the complex deals to 
disguise debts began to unravel before investors.

The Wall Street bank wants the insurers to honour six surety bonds they wrote to back 
trades involving Enron and a Jersey-based vehicle Mahonia. The insurers are ar guing 
that the bank misrepresented the transactions as oil and gas trades when they were in 
fact little more than straightforward loans.

Legal experts have said that JP Morgan is pursuing a dangerous strategy.

Shareholders in Enron will be eagerly watching the outcome and could use it as a basis 
to undertake further legal actions against the bank. It could also provide further 
details of some of the more complex financial engineering used by Enron.

The banks that advised Enron are viewed as a more cash rich target for legal action 
than the company itself.

The judge presiding over the case, US district judge Jed Rakoff, has twice refused JP 
Morgan's request that the insurers be forced to pay up without the case being 
presented before a jury.

Lawyers for both sides were involved in jury selection yesterday and due to deliver 
opening arguments.

The bonds covered six contracts between 1998 and 2000. JP Morgan funded Mahonia, which 
prepaid Enron for future delivery of gas and oil, but the energy firm defaulted when 
it filed for bankruptcy.

They were supposed to cover the risk that Enron might default but the insurers claim 
to have been misled. A JP Morgan spokesman described the insurers' version of events 
as a "brazen distortion of the facts".

He said: "The insurance companies sold us guaranteed protection against Enron credit 
risk. They agreed that their obligation to pay was absolute and unconditional."

Copyright Guardian Newspapers Limited

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