|
Andersen CEO won't show
|
 |
January 23, 2002: 4:55 p.m. ET
Ex-Andersen auditor Duncan to appear at Congressional hearing but won't testify.
|
NEW YORK (CNN/Money) - Fired Andersen partner David Duncan agreed Wednesday to appear before a Congressional hearing but will not testify, a source with knowledge of the situation said.
Duncan will invoke his Fifth Amendment constitutional right to protect himself against self-incrimination. Earlier Wednesday Duncan had said through his attorney that he would not testify unless he was granted immunity from prosecution.
Separately, Andersen CEO Joseph Berardino won't appear at the same hearing but will send a replacement instead.
Berardino did not receive a subpoena to testify Thursday before the Subcommittee on Oversight and Investigation. Instead, after negotiating with the committee, Andersen agreed to send executive Dorsey Baskin, who is in charge of Andersen's document retention and disposal policy. Baskin will appear to explain the policy, Congressman James Greenwood (R-Pennsylvania), who heads the subcommittee, told CNNfn.
Duncan will rely on his Fifth Amendment constitutional right as a reason not to testify at the hearing.
"Mr. Duncan will testify on Jan. 24 if the Committee votes to grant him immunity," attorney Robert Giuffra, who is representing Duncan, said in a letter to the Subcommittee.
Duncan didn't want to invoke the Fifth Amendment in person before the Subcommittee and hoped to provide a sworn statement instead.
The Subcommittee will not grant Duncan immunity and wants the executive to invoke his constitutional rights at the hearing, Rep. Greenwood said.
"If [he doesn't] do it, we reserve the right to cite [him] for contempt of Congress," he said.
Andersen's embattled in-house counsel Nancy Temple will appear at the hearing. Temple sent an Oct. 12 memo reminding Andersen's Houston office of the firm's document retention policy, which Duncan and several other executives claim, caused staff to start shredding Enron documents.
Michael Odom, a partner at Andersen's Houston office who has been stripped of managerial responsibilities, will also be present. Both Temple and Odom have requested subpoenas which provide legal protection from employers when testifying.
Also Wednesday, Senate Finance Committee Chairman Max Baucus and Ranking Member Chuck Grassley asked Enron Corp. Wednesday to publicly disclose all company tax records, including those related to Enron's affiliated companies or partnerships. 
|
|
|
|
|
|
|
