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Rubin May Be Called to Testify to Congress on Enron !!
Reuters ^ | Susan Cornwell | Wed Jul 31, 3:20 PM ET

Posted on 08/08/2002 1:45:23 PM PDT by Trailer Trash

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To: LarryLied; Mo1; terilyn; Miss Marple; Howlin
I saw a recent press blurb that talked about Rubin's lunch at a classy restaurant - a salad and bottled water. Their subtle point was that he was so very wealthy, but not guy into power lunches.

Maybe he's trying to lose weight so he'll get the 'sympathy' factor when he testifies before the many House, Senate, SEC and Justice Department inquiries. He can then invoke victim status!

41 posted on 08/09/2002 11:43:06 AM PDT by Fracas
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To: michigander
What in the world is that picture? Please tell me it's been "done."
42 posted on 08/09/2002 11:49:43 AM PDT by Howlin
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To: Howlin
It's not "done". It's the real deal. See reply 32.
43 posted on 08/09/2002 12:45:07 PM PDT by michigander
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To: Fracas
"....Rubin didn't do anything wrong by making a phone call...If you were to say to me that Mr. Rubin had some kind of obligation to the Treasury Department because his past service still continued," that would be a different matter", Fleischman said

Didn't Clinton make a big deal about how no one in his administration was going to lobby government after leaving government?

44 posted on 08/09/2002 1:11:57 PM PDT by LarryLied
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To: LarryLied
Didn't Clinton make a big deal about how no one in his administration was going to lobby government after leaving government?

Yep .. up till right before he left office .. I think it was one of his midnight signing that fixed that problem

Hmmmmmmmmmmmm ... Gee I wonder if Clinton's cooked goverment books had anything to do with this??

45 posted on 08/09/2002 1:22:36 PM PDT by Mo1
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To: Mo1
I knew there was something he did about this. Thanks! Gave me enough to search on:

January 2, 2001

Clinton lifts lobbying restrictions on appointees

By Jason Peckenpaugh
jpeckenpaugh@govexec.com

Nearly eight years after issuing ethics rules severely limiting the ability of top political appointees to lobby the government after leaving office, President Clinton has revoked the executive order behind the restrictions.

In a Dec. 28 statement, Clinton revoked Executive Order 12834, which placed a variety of post-employment lobbying restrictions on senior political appointees. Under the executive order, top officials were prohibited from lobbying their former colleagues for five years and faced a lifetime ban on lobbying on behalf of foreign governments. Clinton appointees will still be subject to a one-year ban on lobbying their former agencies under a 1978 law. . .more...


46 posted on 08/09/2002 1:47:02 PM PDT by LarryLied
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To: LarryLied
Under the executive order, top officials were prohibited from lobbying their former colleagues for five years and faced a lifetime ban on lobbying on behalf of foreign governments. Clinton appointees will still be subject to a one-year ban on lobbying their former agencies under a 1978 law. . .more...

OK ... refresh my memory .. when was this call made??

47 posted on 08/09/2002 1:56:48 PM PDT by Mo1
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To: Mo1
On November 8, though, Bob Rubin's invisible hand got that old itch. Enron's stock was in free fall, and though the energy-trading company was still far from a household name, he feared the company's bankruptcy would be a dire event. Citigroup, one of its longstanding bankers, had more than a billion dollars in loans outstanding to Enron. But Rubin had larger concerns. He had been told by his bankers working on the deal, Salomon's Carpenter and syndicated-loan head Chad Leat, that a rescue package was almost assembled. The night before, a group of the highest-level Citigroup and JP Morgan Chase bankers cobbled together a deal that would merge the fast-sinking Enron with its Houston competitor Dynegy.

But for the deal to go through, the credit-ratings agencies needed to be dissuaded from downgrading Enron's mountain of debt to junk status. With a downgrade, the deal would be off and Enron would most likely go bust. In Rubin's eyes, Enron's implosion would rock not only the energy markets but global markets as a whole -- just as the collapse first of the Mexican peso and then of Mexico's stock market in 1994 had wobbled markets worldwide.

So Bob Rubin did what Bob Rubin does. On his own, without consulting Weill or anyone else, he picked up the phone and made what he thought would be the most discreet of calls to Treasury Undersecretary Peter Fisher. Rubin and Fisher weren't strangers -- Rubin knew him from his Treasury days, when Fisher worked at the New York Fed.

"Hey, Peter," Rubin proposed, "this is probably not such a good idea, but what do you think about putting a call in to the ratings agencies? Maybe they could work with Enron's bankers to see if there might be an alternative to an immediate downgrade."

It was a cheeky proposal: Rubin was asking the federal government to meddle in the private business of the independent ratings agencies, Moody's and Standard and Poor's, on behalf of a company with manifold financial and spiritual links to the current administration. Not to mention the fact that he was a major shareholder and executive of one of the two banks that stood to lose the most if Enron went under. "Gee, Bob," Fisher smartly demurred, "I'm not sure if that's advisable at this point." More:

http://www.nymag.com/page.cfm?page_id=5693


48 posted on 08/09/2002 2:13:58 PM PDT by LarryLied
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To: thucydides
He sought to use government influence to perpetrate a fraud on the public by getting the agencies to abandon their fiduciary obligation to the public, all to facilitate the dumping of worthless securities on the public served by the agencies.

I suppose that he could not be charged with "conspiracy to commit fraud" because "they would have difficulty proving intent"?

Just like Mary Jo White not prosecuting Torricelli because they only had the testimony of a convicted felon. Message? Any crooked politician can skate if he deals only with convicted felons.

49 posted on 08/09/2002 2:28:05 PM PDT by jackbill
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To: Trailer Trash
"I wouldn't hesitate to call him if we can prove that there's anything to add to our investigation," Lieberman added

Take my word for it Joe, it would add a bit of credibility to your "investigation".

50 posted on 08/09/2002 2:29:50 PM PDT by jackbill
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To: LarryLied
OK .. This midnight signing was on Dec 28, 2000 and the phone call was on Nov 8, 2001

Wouldn't this be a problem with the 1978 one year ban law??
51 posted on 08/09/2002 2:52:36 PM PDT by Mo1
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To: jackbill
Rubin made the call to a treasury official, who refused to do what he asked. No fraud was consummated. Nor was there any conspiracy apparently, since Rubin did not reach agreement with anyone to carry out such a scheme (unless someone could be found at Citibank to say, "yes, we all agreed that he would bring pressure on the rating agencies." However, he clearly tried to do something improper, even if the good character of the treasury official resulted in his being turned down. None of the media is focusing on the fact that so far, Rubin is the only government official who set out do something improper, never mind that he was thwarted. What Rubin set out to do may be worse than what some of the company executives did. They put forth financial statements that undertook some generous and questionable treatments of certain items, yet one could see something questionable was going on, and in fact many analysts concluded that investors should stay away from their stocks long before they went under, calling them a house of cards. On the other hand, had Rubin succeeded, nobody would have had a hint that the ratings put out by the independent rating agencies were false and misleading.
52 posted on 08/09/2002 4:31:49 PM PDT by thucydides
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To: Mo1; thucydides; Fracas
Need a freeper lawyer but it appears to me Rubin was prohibited from making that phone call.

TITLE 18
PART I
CHAPTER 11
Sec. 207. - Restrictions on former officers, employees, and elected officials of the executive and legislative branches

Clinton' s EO took effect at noon on the day he left office so that doesn't apply but the 1978 one year ban seems as if it does. Did Rubin duck out before Clinton or did he leave the same day?

53 posted on 08/09/2002 4:55:46 PM PDT by LarryLied
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To: LarryLied; Howlin; Miss Marple
I believe he left early but I'm not sure the day

Did you catch the 2 year part??

Hey Howlin & Miss Marple .. do you remember the date Rubin left??
54 posted on 08/09/2002 5:11:32 PM PDT by Mo1
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To: Mo1
Sometime in 1999, if I remember correctly. There was lots of hand-wringing in the press at the time.
55 posted on 08/09/2002 5:24:13 PM PDT by Miss Marple
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To: LarryLied
Rubin left Treasury in early 1999, and was succeeded by Larry Summers, then Undersecretary of the Treasury. So I don't think it was within one year.
56 posted on 08/09/2002 5:59:37 PM PDT by thucydides
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To: Miss Marple; Mo1; LarryLied
Rubin resigned May 12, 1999

Rubin made the calls early November 2001
57 posted on 08/09/2002 6:16:30 PM PDT by terilyn
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To: thucydides
Rubin made the call to a treasury official, who refused to do what he asked. No fraud was consummated. Nor was there any conspiracy apparently, since Rubin did not reach agreement with anyone to carry out such a scheme (unless someone could be found at Citibank to say, "yes, we all agreed that he would bring pressure on the rating agencies."

In one of the articles about a week ago (might have been a Washington Times editorial) it was mentioned that Ken Lay had called several people in government (maybe Sec. of Commerce, Sec. of the Treasury, etc.) trying to do the same thing that Rubin did. If memory serves, that was Nov. 8, the same day that Rubin called the guy at the Treasury.

Doesn't that sound like there may have been a conspiracy? One of the first questions to be asked of Rubin: Did Ken Lay or anyone else at Enron call you within the week before you called Treasury?

Second question: If so, did that person suggest to you that you should call Treasury (and Moody's as well)?

If "NO", did you suggest to that person that you might call Treasury and see if they could help?

Etc., etc.. And, by the way, I don't think that you have to commit fraud to be convicted of "conspiracy to commit fraud". If I try to hire you to kill my wife and the cops find out, I'm pretty sure that we would both be charged with "conspiracy to commit murder".

58 posted on 08/09/2002 7:43:26 PM PDT by jackbill
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To: jackbill
You are right, conspiracy doesn't require that the related crime be in fact carried out. It just requires an agreement, express or inferred, plus some overt act in furtherance (for example, the phone call). In my opinion, depending on what led Rubin to make the call, there is very serious legal exposure for him, and this is why the democrats will try every way possible to avoid calling him. Imagine if after all their innuendo and insinuation, the only government official to be charged was Rubin?
59 posted on 08/10/2002 8:26:04 AM PDT by thucydides
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