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Enron and Newspapers

Another thought on Enron, following on my New Yorker piece.

One of the big points made by Jonathan Macey and others is that the Enron scandal is an example of “receiver failure” as well as “transmitter failure”: that is, that it wasn’t just the case that the company sent misleading signals. It was also the case that those who were supposed to be listening to and interpreting those signals didn’t do their job.

The exception, of course, were newspapers. The Enron scandal was, in large part, broken by the Wall Street Journal.

This is strange, no?

We operate with the assumption, particularly in our understanding of what makes financial markets efficient, that those with the best incentives to ferret out the truth are those who are partial—that is, are directly involved in the process—and those who are economically motivated, who have money at stake. So you’d think that hedge funds, shorts, arbs, and analysts—all of whom were massively partial and economically motivated—would have been the first to see the “real” Enron.

But they weren’t. Reporters were, a group who—at least in theory—you’d think were in the least advantageous position. They aren’t partial to the proceedings. They have no money at stake. (Compared to their Wall Street counterparts, in fact, they barely make any money at all.) They aren’t (relatively speaking) as well-trained as financial intermediaries. They have to serve a general audience, which disposes them against highly technical examination. There are real limits on how much space and time they can devote to a particular story, and their rewards for doing well are almost entirely internal and professional: good reporters are rewarded, largely, by having their status elevated among other reporters. On Wall Street, seeing truth gets you a million dollar bonus. At a newspaper, it gets you a slap on the back.

We’ve spent a lot of time, post-Enron, criticizing the flaws in the investment community’s gatekeeping activities. But I think we should also recognize what the Enron case tells us about the value of newspaper journalism. Maybe, in other words, we have underestimated the value of impartial, professionally-motivated, under-paid and overworked generalists in tackling the kind of information-rich, analysis-dependent “mysteries” that the modern world throws at us.

All of which, of course, points out the irony of what’s happening in the newspaper business right now. We are dismantling the institution of newspaper journalism precisely at the moment when it seems to be of greatest social value.

Enron

My semi-defense of Enron is now out, in this weeks’ New Yorker.
   
And here is the link  to Jonathan Macey’s wonderful law review article on the Enron case, which was my inspiration for the piece.

I also have a minor challenge for aficionados of the Enron case.

Years ago, when I was at the Washington Post, one of my colleagues on the science desk—Bill Booth—called up a dozen or so Nobel Laureates in physics and asked them to explain, in plain language, the nature and significance of the Higgs Boson atomic particle. None of them could. This was at a time, mind you, when the physics community was arguing passionately for the construction of a multi-billion dollar particle accelerator to look for things like the Higgs Boson.  So it wasn’t for lack of interest. They were gung-ho for nailing the Higgs Boson. They just couldn’t explain the Higgs Boson.

Can anyone explain—in plain language—what it is Jeff Skilling and Co. did wrong?

I’m not asking for an explanation for what they did wrong as businessmen. That’s plain. They did a mountain of stupid and arrogant things. Nor is this about what Skilling and company did that was unethical or in bad faith. There’s a mountain of evidence on that too. The question is strictly a legal one: according to the way the accounting rules were written at the time, what specific transgressions were Skilling guilty of that merited twenty-four years in prison? For the sake of argument, let’s stipulate that summaries must be three sentences or less.

When I was reporting the piece, I tried to get someone to answer this question. But everything ended up very Higgs Bosonian.

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  • I'm a writer for the New Yorker magazine, and the author of two books, "The Tipping Point: How Little Things Make a Big Difference" and "Blink: The Power of Thinking Without Thinking." I was born in England, and raised in southwestern Ontario in Canada. Now I live in New York City.

    My great claim to fame is that I'm from the town where they invented the BlackBerry. My family also believes (with some justification) that we are distantly related to Colin Powell. I invite you to look closely at the photograph above and draw your own conclusions.

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