Houston (Texas): A videotape showed at the Arthur Andersen criminal trial on May 20
showed a partner telling employees it "would be great" to destroy documents before
any legal action is filed to make them "irretrievable".
The tape played at the obstruction of justice trial showed Michael Odom, risk
manager for the accounting firm's Houston office, speaking to a training session for
Andersen accountants on October 10, weeks before a full government probe began in
the Enron affair.
Odom told the session that destruction of documents is "a housekeeping issue that we
don't do well".
He added, "There is no need for anyone to retain anything once the audit is
completed. Once litigation has been filed, we are not permitted to destroy anything.
If it is destroyed in the course of normal policy, then litigation is filed the next
day, that's great. It's destroyed, it's gone, it is irretrievable."
The evidence could help prosecutors show that Andersen was destroying Enron
documents in anticipation of a subpoena from US authorities investigating irregular
accounting before Enron's collapse last year.
Although Andersen has argued it was carrying out its normal policy of document
destruction, prosecutors allege that Andersen, already on probation for misdeeds in
the audits of Waste Management and Sunbeam, was trying to hide its role in Enron's
questionable accounting practices for fear of being barred from further audit
work.
Also, a hand written note from in-house Andersen lawyer Nancy Temple presented in
the trial showed that she termed the Enron account "highly problematic", and had the
potential to put the audit firm in more hot water with regulators at the Securities
and Exchange Commission.
Temple's notes from her desk calendar, described by FBI agent Barbara Sullivan,
said, "We could be facing a charge of violating the cease and desist order in the
Waste Management case and violating the SEC injunction."
Sullivan also described an October 12 e-mail from Temple to Odom in which she
wrote, "It might be useful to remind our (Enron) engagement team of our document
retention policy."
Temple has not appeared in court, and prosecutors have informed US District Judge
Melinda Harmon that Temple would invoke her Fifth Amendment Constitutional right
against self-incrimination.
Sullivan also went through a number of other internal Andersen documents from last
year, including one offering employees overtime pay to shred documents from
Enron.
Andersen, which has lost some 300 clients since it was indicted by the Justice
Department on one charge of obstruction of justice on March 14, could be fined $
500,000 and put on probation for five years if convicted in the case.
The Chicago-based firm asked for a speedy trial to clear its name, but its worldwide
network has been splintered with its US offices facing massive liabilities from the
Enron case and other legal actions.