Whistleblower?
By DAN
ACKMAN
Time magazine's "Person of The Year"
has a checkered history. Hitler was named in 1938. Stalin won
twice, Khomeini once. These choices are perhaps defensible, in
that these men had the biggest impact on world events -- Time's
criterion -- in "their" year. But by what criteria did
Time pick Sherron Watkins? A former vice president at Enron, she
was selected as part of a trio of "whistleblowers,"
along with Coleen Rowley, an FBI staff attorney, and Cynthia
Cooper, an accountant at WorldCom. But Ms. Watkins was no
whistleblower and she had no impact. In fact, she looks like
Time's worst choice ever.
What Time calls "the black comedy of
corporate fraud" had many authors. Managers, board members,
stock analysts, bankers, lawyers and accountants all played a
part. But whistleblowers? They were most conspicuous by their
absence. Take Enron. As it burned, analysts and auditors fiddled.
To be sure there were accountants inside Arthur Andersen who
questioned Enron's books. But they stayed inside -- as did Ms.
Watkins. Time notes that she "wrote a letter to chairman
Kenneth Lay in the summer of 2001 warning him that the company's
methods of accounting were improper." But she remained in the
shadows until 2002. That's when her "warnings" were
unveiled, not by her, but by congressional investigators.
A whistleblower is someone who spots a criminal
inside a bank and alerts the police. That's not Sherron Watkins.
What she did was write a memo to the bank robber (Mr. Lay)
suggesting he was about to be caught and warning him to watch out.
In response, he met with her, told her he didn't think he was
robbing the bank, but assuring her he'd launch an investigation.
Mr. Lay put his law firm, Vinson & Elkins, on the case. The
lawyers didn't talk to Mr. Lay or to Jeffrey Skilling, the
departed CEO. On Oct. 15, 2001, Vinson & Elkins issued a
report concluding that the facts didn't warrant an investigation.
A day later, Enron restated its financials, the first step in the
chain of events that led to bankruptcy. Through it all, Ms.
Watkins said zip. Many others did nothing as well, but none of
them are "Person of the Year."
After her warnings became famous, Ms. Watkins was
hailed as a "whistleblower" by the press and members of
Congress, hungry for a hero in a story littered with villains. But
when called to testify she provided cover for Mr. Lay, who she
said was duped. And she heaped blame on Arthur Andersen, Vinson
& Elkins, and Mr. Skilling, whose resignation in August 2001
was more of a warning than any ever uttered by her.
"Has Enron become a risky place to
work?" Ms. Watkins asked Mr. Lay. From this foreboding, many
assume she was fired. She wasn't. She stayed on the job until last
month, when she quit to become a consultant on corporate
governance. Oddly enough, in her new job she joins the Person of
the Year for 2001. Rudolph Giuliani is a consultant, too.
Mr. Ackman writes for Forbes.com.