By :
WAYNE MADSEN
Last month, the Tulsa, Oklahoma-based Williams
Companies, an amalgamation of energy companies and
communications subsidiaries, announced it might face
potential losses of as much as $100 million because of
deals it made with Enron. However, a few weeks later,
Williams was hit with a class action lawsuit from
stockholders that claims the firm engaged in the same
type of business practices and accounting
"irregularities" that bankrupted Enron. Although
Williams executives claimed the company was simply a
victim of Enron, they were covering up the company's
own Enron-like activities with tentacles stretching
beyond Tulsa to the corridors of power in Washington,
according to the suit.
Enron II
Williams' financial mess could well be termed "Enron
II." Like Enron, Williams saw their revenues and their
stock plummet. In the last 3 months of 2001 Williams'
lost $71 million in their communications subsidiary
alone and the value of their communications stock fell
from a high of $61 per share to just 67 cents.
Like Enron, Williams has been a large contributor to
Republican candidates. According to the Federal
Election Commission, during the 1999-2000 campaign
cycle, Williams and its corporate big wigs gave the
GOP $98,425. And, like Enron, that money bought
access. Williams' Chairman Keith Bailey, now a
defendant in the shareholders class action suit,
served on President-elect Bush's transition team on
education. Should Williams go the same way as Enron,
more questions are likely to be asked in Washington
about the securities and financial fraud thread that
apparently runs through members of the Bush
administration and its largest political supporters.
Williams' influence extends to Capitol Hill. The GOP
quickly echoed Williams' public relations spin on the
company's rapid losses. On February 6, Steve Largent,
the Republican Congressman from Tulsa and candidate
for Governor of Oklahoma, told the House Commerce and
Energy Committee (on which he sits) that Williams'
$100 million fourth quarter loss was caused by "unmet
obligations by Enron." Largent also complained that
Wall Street was unfairly comparing companies like
Williams to Enron, adding, "this is a guilt by
association type mentality." Largent accepted $5,500
from Williams in his last congressional race,
according to the Center for Responsive Politics.
From Pipelines to Telecom
Like Enron, Williams is originally a natural gas
pipeline company that figured it could make money in
telecommunications. Williams execs thought they could
make windfall profits by building a fiber optic
network along the company's pipeline rights-of-way and
leasing network services to telecommunications and
Internet providers. Williams subsequently spun off a
telecommunications subsidiary, Williams Communications
Group.
Williams, convinced it could make millions in
potential profits from the communications arena, began
inflating the value of its stock through various
partnerships. According to its own Securities and
Exchange Commission 10K filing, in 1999 Williams
convinced SBC Communications (previously Pacific
Bell), Intel Corp, and the privatized Telefonos de
Mexico (TELMEX) to invest in Williams Communications
common stock. Williams Communications operating units,
including one called Strategic Investments, began to
"secure long-term, high-capacity commitments for
traffic on its network," thereby boosting the value of
its stock. The company did this despite investment
house warnings that the market for such services was
vapid.
The complaint filed on behalf of Williams'
shareholders by the law firms Morrel, West, Saffa,
Craige & Hicks and Schatz & Nobel, alleges that
Williams' top management ignored warnings by market
analysts that there was an "over-supply of fiber-optic
capacity" in the broadband market. The shareholder
complaint states, "almost 100 million miles of optical
fiber -- more than enough to reach the sun -- were
laid around the world" at the same time Williams' top
management was hyping value of its fiber network to
investors.
When the bottom dropped out of the fiber market,
lenders refused advance money to fiber broadband
service providers like Williams. However, the
aggrieved Williams' shareholders claim the company
"consistently and adamantly contended that [Williams
Communications] was not being adversely affected by
any over-capacity or over-supply conditions." However,
Williams knew it was in deep financial trouble due to
the communications glut just like every other company
in the business, including Enron.
Williams' employees began to feel the pinch when
Communications President and Chief Executive Officer
Howard Janzen announced last June that 500 job cuts
were "necessary as the company re-evaluated its
costs." A spokesperson for the Northern Oklahoma
AFL-CIO said the lay-offs were having a "devastating
effect" on the Tulsa economy. The fact that Williams
Companies is "not union-friendly" left fired employees
with no protection or recourse, according to the
AFL-CIO.
Williams' optimistic statements in the face of certain
financial losses could have come from the playbook of
former Enron Chairman Ken Lay, who was told similar
tales to his investors and employees about his own
company. And as was the case with Enron and its
auditor Arthur Andersen, Williams' auditor, Ernst &
Young, appears to have gone along with the fancy
footwork and creative accounting practices of the top
management. At the very least, Ernst and Young signed
off on Williams' 10K SEC filing.
Hiding Debt
As the bottom dropped out of the fiber optics market,
demand in the natural gas market was at an all time
high. The shareholder lawsuit alleges that in order to
protect itself from the communications losses,
Williams decided to spin off its anemic subsidiary to
remove from corporate balance sheets its "mounting
losses and rising expenses. The suit alleges that they
did this "before it was revealed that these costs and
expenses were continuing to escalate beyond announced
expectations, and before investors came to realize the
true impaired condition of Williams communications."
But in order to sell off its loss maker, Williams had
to guarantee $2.5 billion of the subsidiary's debt.
The lawsuit maintains that in guaranteeing that debt
Williams exposed its shareholders to a huge
undisclosed financial liability. While Wall Street was
being rocked by continuing revelations concerning
fraud at Enron, Williams dealt the market another blow
when, on January 29, it announced that it was delaying
the release of its 2001 earnings report "pending an
internal assessment of Williams' contingent
obligations to Williams Communications." The stock of
both companies fell precipitously.
Williams was given an opportunity to comment for this
article but it declined. The company also refused to
disclose when the release of its 2001 earnings report
would occur. A company spokesperson said, "In the
context of what the article concerns, we cannot
comment on the release of the report." Nevertheless,
on February 6, without the benefit of seeing its 2001
earnings, Wall Street analysts at Salomon Smith Barney
recommended Williams Energy stock as a "buy." Congress
and the Securities and Exchange Commission are
currently investigating similar inflated
recommendations by Wall Street analysts on Enron stock
when all the financial indicators were pointing down.
Despite the ongoing revelations, Williams web site
proclaims, "Honest relationships and trust are
essential for long-term business success. We deal
fairly in all our business relations." Similarly
Enron's 2000 Annual Report asserts: "We work with
customers and prospects openly, honestly and
sincerely. When we say we will do something, we will
do it; when we say we cannot or will not do something,
then we won't do it."
Following the disclosure that Enron was actually one
huge Ponzi scheme that enriched the Texas friends of
George W. Bush and pumped hundreds of thousands of
dollars into the president's campaign coffers,
observers wonder how many other such schemes are
hiding behind the corporate veil of secret
partnerships and off-the-books operations. Considering
Bush's oily ties to Enron and Williams, the American
people, like the unfortunate shareholders of those two
companies, deserve honest answers to this and other
tough questions.
-- Wayne Madsen is a Washington-based journalist who
covers intelligence, national security, and foreign
affairs. He is also a Senior Fellow of the Electronic
Privacy Information Center (EPIC) in Washington, DC
and author of "Genocide and Covert Operations in
Africa 1993-1999" (Mellen Press).
From Corpwatch