Column Enron collapses under the sin of avarice
By ROBERT F. DRINAN
New armies of angry citizens have
become plaintiffs in court. They lost at least $60 billion when the
energy-trading firm Enron went into bankruptcy. They include teachers and state
workers in Florida who lost $335 million invested in Enron and city workers in
New York City whose pension fund invested in Enron lost $109 million.
Public employees in at least 30 other states saw millions in their
pension funds evaporate in the implosion of Enron.
The nation stands aghast that Arthur Andersen accountants shredded
key documents, an activity against all the basic rules of ethics in every
profession. And lawyers fear the worst about the Houston law firm of Vinson and
Elkins, Enrons main outside counsel during its incredible rise and fall
and the most profitable law firm in Texas.
The suicide of the former vice chairman of Enron who protested its
activities, J. Clifford Baxter, is almost certainly the first of countless
reputations shredded and lives ruined.
Recently a businessman of moderate to conservative political views
confessed his distress to me about Enron, suggesting that the always-latent
distrust of corporations in America may be intensified and bring on a new wave
of regulation of business.
It is not possible to predict what changes will come about from
the activities of the new army of people cheated by Enrons recklessness.
But it could, and should, be profound. The regulators at the Securities and
Exchange Commission should be seeking creative ways in which the millions of
people who were cheated can receive some type of indemnification.
While Congress will be seeking tougher controls over
out-of-control companies such as Enron, the nation could profitably reevaluate
the basic moral ideas involved in greed and avarice. The excessive desire for
money has always been one of the seven capital sins. Christ was especially
severe in denouncing those who lusted for money. Indeed Christ sounds almost
extreme when he denounces the moneychangers and those who want to accumulate
wealth. Christ put it bluntly: You cannot serve God and mammon
(Matthew 6:24).
The desire to get rich quickly seems now to be more a part of the
culture than ever before. People are told in a thousand ways to long for
riches. Legalization of gambling in almost every state is a powerful symptom of
the states promoting the craving for unearned wealth.
The omnipresent desire for a quick accumulation of wealth may have
received a setback in the scandals of Enron. At least some potential investors
may be more careful. But it is not clear that it will do much to reverse the
widespread desire and lust for instant fortunes obtained without labor or
skill.
A review of all of the places in the Bible where the accumulation
of wealth is criticized or denounced leaves no doubt in ones mind of the
perils of wealth and the dangers of being rich. God has warned and scolded the
rich, spoken strongly against greed and avarice and urged a vow of poverty as
the ideal.
The sprawling Enron scandal will raise the question of whether
federal securities law should be stricter or better enforced or both. Millions
feel that securities law should at least require that investors get full and
fair disclosure of the risks.
The name of Enron has become the symbol for capitalists and
traders who, because of their avarice, engage in a form of larceny. They took
advantage of the deregulation of the electric industry and other loopholes to
bring misery into the lives of those whom they misled.
Present federal regulations prohibit trading on inside
information, selectively releasing information to some shareholders and not to
others and many similar forms of double-dealing. Enron violated all these rules
and more.
The public will probably soon lose interest in the scores of
lawsuits filed against Enron in Houston and elsewhere. The political fallout is
unpredictable, though, but could be severe. The forthcoming revelations of
incredible avarice may remind people that this capital sin, like lust and
lying, often has dire and inexorable consequences.
Jesuit Fr. Robert Drinan is a professor at Georgetown
University Law Center. His e-mail address is
drinan@law.Georgetown.edu
National Catholic Reporter, February 22,
2002
|