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January
31, 2002
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India
would have lost Rs 6,000 crore
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Puppets of Enron
This
is the story of Rs. 6,000 crore, a greedy and desperate company,
and a prime minister and power minister determined to prevent the
second from grabbing the first. They succeeded, and thus it was
that Kenneth Lay failed in pulling off a magician’s trick — pulling
out over a billion dollars from India’s turban...
On
September 11, 2001, four planes were hijacked, and the United States
awoke to the bloody reality of terrorism. All Americans, we were
assured, had suddenly forgotten everything else, united in a grim
determination to revenge themselves.
All?
Well, that might have been hyperbole. On September 14, a mere three
days after the World Trade Center came down, Kenneth Lay had more
pressing matters on his mind. The boss of Enron was penning a letter
to the prime minister of India, rudely demanding compensation for
the 65 per cent stake which Enron held in the Dabhol venture.
I
said “rudely”, and meant just that. The wording was certainly not
that normally used by one gentleman writing to another, leave alone
in an epistle addressed to the head of government of the world’s
largest democracy. It should have been thrown into the wastepaper-basket
on that account alone.
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Several men were a little too anxious
to please Enron, even at the cost of throwing standard financial
processes and mandatory accounting procedures to the winds
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The
subject matter was as astonishing as the manner in which it was
presented. Enron was trying to blackmail the Government of India
into presenting it with “compensation”. The American firm claimed
its 65 per cent stake was worth US $ 1.2 billion, Rs. 6,000 crore
in Indian currency. (The other stockholders in Dabhol are Bechtel
with 10 per cent, General Electric with 10 per cent, and the Maharashtra
State Electricity Board with 15 per cent.) Enron also wanted the
Government of India to stipulate that the firm would not be held
responsible for any debts incurred by Dabhol, external or internal.
Lastly, Enron wanted dollars, and wanted them immediately.
This
letter followed public threats from Enron officials as well as their
supporters in the American government. In one interview, Kenneth
Lay accused India of seeking to “expropriate” Enron’s property by
acquiring Dabhol’s assets below cost. “There are,” he said, “US
laws that could prevent the US government from providing any aid
or assistance to India going forward if, in fact, they expropriate
property of US companies.”
Everyone
in Washington — and Delhi and Mumbai too — knew this was no idle
talk. Enron, a Texan firm, had been the single largest contributor
to George Bush’s presidential campaign. Vice-President Cheney is
a former oilman with extensive links to his old friends in that
industry.
Even
if Indian officials were ignorant of all this — and their homework
was surprisingly lax if they did not know — they would have been
rudely reminded of it. Several high-ranking Indians toured the United
States in 2001. According to reports released under the US Freedom
of Information Act, many — bureaucrats and politicians, those linked
to the BJP and those to the Congress (I) — came under intense pressure
from some of the highest officials in the United States.
My
American friends insist at least five top officers in the Bush administration
relentlessly pushed Enron’s case to every visiting Indian. (They
stopped short only at President Bush raising the issue with the
prime minister himself.)
I
am not interested in naming names (though they have already appeared
in the American media). At this point, I am interested solely in
the effects of this pressure — especially in such places as the
prime minister’s office and the Union ministry of finance. If there
were pro-Enron men in Washington, there were also pro-Enron men
in Delhi.
As
I understand it, there was a move by the prime minister’s office
to bring the ministry of finance and the power ministry to see reason
— on Enron’s terms, of course. The ministry of finance apparently
raised no objection. Mercifully, the power ministry proved tougher.
Even more happily, the prime minister put his authority behind the
Union power minister.
At
this point, I should point out that there had never been any independent
appraisal of the value of the shares held by Enron. Nor had the
issue been debated by the Union Cabinet. From beginning to end,
it was an attempt to settle the issue on Enron’s terms!
With
both the prime minister and the power minister opposing it, this
should have been an end to any further tricks by Enron. But Kenneth
Lay then got his supporters in Delhi to back another proposal. This
time, Enron suggested US $ 800 million (Rs. 4,000 crore) as a fair
price for its assets. Again, certain bureaucrats agreed — and again
I am sure that valuation was not independently assessed.
By
this time, it was a little too late for Enron. News of its impending
bankruptcy had become common knowledge, which meant even its most
ardent supporters were seeking shelter. But can we end here?
Only
the watchfulness of the prime minister and his power minister had
prevented the National Democratic Alliance government from a huge
scandal — and India from suffering a huge loss. I don’t care if
the entire Bush administration were in bed with Enron; but it is
a different matter if that firm influenced men in Delhi.
Who
were — note the plural — powerful enough to try an end-run around
the finance ministry and the power ministry? Who backed the move
to pay Enron US $ 1.2 billion without any appraisal? Finally, who
decided that US $ 800 million was a fair price once the original
proposal was rejected?
The
United States House of Representatives and Senate have started independent
investigations into the Enron scandal. Enron, its auditors, members
of the Bush administration — all these shall come under scrutiny.
But why should senior officials in India get away after dancing
to Enron’s piping?
Several
men were a little too anxious to please Enron, even at the cost
of throwing standard financial processes and mandatory accounting
procedures to the winds. The haste to gift the American firm US
$ 800 million at the eleventh hour was unbelievable! Can we entrust
our economy to such officers?
References
have been made in the American Press to men in the prime minister’s
office itself, and it is only a matter of time before the Enron
issue becomes an open scandal in India too. I hope the prime minister
intervenes directly — to squash the allegations, or to chastise
the guilty.
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