Part 1: How to Spot a Corporate Fraud Before It Makes the Headlines

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Motley Fool Hidden Gems Investing 27 min 2 speakers 6 chapters transcribed 1 month ago
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How did Bethany McLean first expose Enron and why does it still matter?

Bethany McLean 0:03
You think that people like auditors and law firms and a board of directors is there to protect you, the individual investor. But the more you learn, the more you realize that their main incentive is keeping the company happy. And that's still true today.
Rachel Warren 0:29
That was Bethany McLean, the investigative journalist who exposed Enron before Wall Street did, and one of the sharpest financial minds in the business. I'm Motley Fool analyst Rachel Warren. Bethany has spent decades following the money through every major boom and bust in modern financial history, and she has a lot to say about where we are right now. In part one of our conversation, we dig into the psychology behind corporate fraud, how to spot a red flag before it becomes a headline, and why the line between a visionary CEO and a fraudster may be thinner than you think. We hope you enjoy. Welcome back to Motley Fool Conversations. I'm Motley Fool analyst Rachel Warren. Today I'm joined by veteran investigative journalist and Vanity Fair contributing editor Bethany McLean.
Rachel Warren 1:12
Bethany is famously the co-author of the definitive Enron Chronicle, The Smartest Guys in the Room, and has spent decades exposing hidden financial risks from the 08 financial crisis and All the Devils Are Here to the pandemic corporate bailouts in her book The Big Fail. Today, we're using her legendary investigative toolkit to give you a masterclass on spotting corporate red flags, evaluating charismatic CEOs, and finding the next hidden market risks. Bethany, welcome to the show.
Bethany McLean 1:38
Thanks for having me on.
Rachel Warren 1:41
You have a remarkable record of being early on massive stories that later blew up. And, you know, we have to talk a bit about Enron. I mean, when you look back at Enron now, 25 years ago or so, how much of that collapse was a failure of the raw numbers versus a failure of, you know, the gatekeepers who were simply afraid to ask the hard questions?
Bethany McLean 2:03
Well, I think it's both. The raw numbers were a failure because the gatekeepers failed in their job. And that to me is still the most instructive lesson from Enron's collapse, which is that you think that people like auditors and law firms and a board of directors is there to protect you, the individual investor. But the more you learn, the more you realize that their main incentive is keeping the company happy. And that's still true today. And it's not even so much a question just of your greed and who pays them. It's also just human nature. When your approval rests on somebody else saying good job, you start to want them to say good job. And that happens time and time again. We see that the auditors have failed investors many times since Enron.

What lessons about gatekeepers and auditors did Enron reveal?

Bethany McLean 2:56
And so it's just a really important lesson to know that just because the auditors and the lawyers and the board of directors say it's okay, and just because the bankers have a buy rating on the stock, that doesn't mean it's okay.
Rachel Warren 3:08
For members of our audience who might only know Enron as a historical buzzword, maybe you can go through a bit. How did management use complex financial structures, mark-to-market accounting to turn future projections into fake current profits? Maybe you can walk us through that story a little bit.
Bethany McLean 3:26
It's funny. So I joked when I wrote about Enron way back when Fortune magazine, where I worked at the time, had labeled Enron its most innovative company for the previous seven years. And I still think that Enron was the most innovative company in corporate America, even 25 years later, because they used all of those tools in order to make their reported earnings look much better than they were. And one of the fascinating things about Enron is that people think of it as this giant fraud. It actually wasn't. There was a lot of reality to their business. The fraud lay in just pushing the boundaries of generally accepted accounting principles past the breaking point in a few key ways. But most of what they did was legal.
Bethany McLean 4:09
And what they did was figure out how to create reported earnings, even when the economic substance wasn't there.

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