One of the central villains in the story has become an all-too-familiar symbol of corporate malfeasance. The ghost of Enron, the defunct Texas-based energy company and its now-deceased former president, Kenneth Lay, still haunts the market today. Most are familiar with how Enron preyed on financial loopholes in the marketplace to fabricate a phantom energy market and create false gains on its balance sheet throughout the 1990s.
Enron’s grip on the energy market created spastic and turbulent movement in the marketplace resulting in events like the rolling blackouts in 2000 in California. By December 2001, when everything was unraveled, Enron was out of business, its accounting firm, Arthur Andersen, was no more and Washington lawmakers issued a slew of promises to change the regulatory environment.
Devils In The Details
During the final months of Bush 41’s White House in 1992, Wendy Lee Gramm, wife of Phil Gramm, who was then the Republican senator from Texas, was the head of the U.S. Commodities Futures Trading Commission (CFTC). Wendy Gramm is an unabashed free-market advocate once described in 1999 by The Wall Street Journal as the “Margaret Thatcher of financial regulation.” She now sits as a distinguished senior scholar of the conservative think tank Mercatus Center at George Mason University, in Virginia. Mercatus is a policy center on Capitol Hill that boasts board members such as Ed Meese-a central figure in the Iran-Contra scandal as attorney general under President Ronald Reagan-and Charles Koch, of Koch Industries, who has been investigated for stealing oil from federal property and tribal Indian lands, indicted for environmental crimes and fined $30 million by the Environmental Protection Agency (EPA) for numerous spills throughout the United States.
The CFTC oversees the commodities market and applies the regulations set forth under the 1936 Commodities Exchange Act (CEA), a measure enacted by Congress to prevent another collapse on the scale of the 1929 crash. One of Wendy Gramm’s final acts as chairwoman in January 1993 was to create an exemption that allowed Enron to trade energy futures contracts and essentially hide these trades from the CFTC itself; an energy futures contract is an agreement to deliver energy commodities such as oil or natural gas at a set price in the future.
Gramm left the CFTC, and five weeks after creating this exemption, she became a board member of-you guessed it-Enron. In return for her work deregulating the market for Enron to exploit, she racked up millions as an Enron board member prior to the company’s collapse.
Wendy and Phil Gramm were just getting warmed up.