This December 2 will mark the 21st anniversary of the collapse of Enron Corporation.

Based in Houston, Texas, Enron had employed 22,000 staffers and was one of the world’s leading electricity, natural gas, communications and paper companies.

In 2000, it claimed revenues of nearly $101 billion. Fortune had named Enron “America’s Most Innovative Company” for six consecutive years.

But then the truth emerged in 2001: Enron’s reported profitability was based not on brilliance and innovation but on systematic and creative accounting fraud.

And, on December 2, 2001, Enron filed for bankruptcy under Chapter 11 of the United States Bankruptcy  Code.

Enron’s $63.4 billion in assets made it the largest corporate bankruptcy in U.S. history—until WorldCom’s bankruptcy in 2002.

The California electricity crisis (2000-2001) was caused by market manipulations and illegal shutdowns of pipelines by Texas energy companies.

The state suffered from multiple large-scale blackouts. Pacific Gas & Electric, one of the state’s largest energy companies, collapsed, and the economic fall-out greatly harmed Governor Gray Davis’ standing.

The crisis was made possible by Governor Pete Wilson, who had forced the passage of partial de-regulation legislation in 1996. 

Enron seized its opportunity to inflate prices and manipulate energy output in California’s spot markets. The crisis cost the state $40 to $45 billion.

The true scandal of Enron was not that it was eventually destroyed by its own greed.

The true scandal was that its leaders were never Federally prosecuted for almost driving California—and the entire Western United States—into bankruptcy.

And it happened during the “liberal” administration of President Bill Clinton.

Once the news broke that Enron had filed for bankruptcy, commentators almost universally oozed compassion for its thousands of employees who would lose their salaries and pensions.

No one, however, condemned the “profits at any cost” dedication of those same employees for pushing California to the brink of ruin.

To put this in historical perspective:

• Imagine a historian writing about the destruction of Hitler’s Schutzstaffel (Guard Detachment), or SS, as a human interest tragedy.
• Imagine its Reichsfuhrer, Heinrich Himmler, being blamed for failing to prevent its collapse—as CEO Kenneth Lay was blamed for Enron’s demise.
• Imagine that same historian completely ignoring the horrific role the SS had played throughout Nazi-occupied countries—and its primary role in slaughtering six million Jews in the Holocaust.  

Nor did the media urge the United States Department of Justice to end the extortion via RICO—the Federal Racketeer Influenced Corrupt Organizations Act.

Passed by Congress in 1970, this was originally aimed at the kingpins of the Mafia. Since the mid-1980s, however, RICO has been successfully applied against both terrorist groups and legitimate businesses engaged in criminal activity.

Under RICO, people financially injured by a pattern of criminal activity can bring a claim in State or Federal court, and obtain damages at three times the amount of their actual claim, plus reimbursement for their attorneys’ fees and costs.

Such prosecutions would have pitted energy-extortionists against the full investigative might of the FBI and the sweeping legal authority of the Justice Department.

Consider this selection from the opening of the Act:

(1) “racketeering activity” means (A) any act or threat involving…extortion; (B) any act which is indictable under any of the following provisions of title 18, United States Code: sections 891-894 (relating to extortionate credit transactions), section 1343 (relating to wire fraud)Section 1344 (relating to financial institution fraud), section 1951 (relating to interference with commerce, robbery, or extortion), section 1952 (relating to racketeering)….

Today, two powerful social media companies—Facebook and Twitter—play pivotal and potentially dangerous roles in the lives of millions of men, women and children.

Facebook has invaded its users’ privacy (such as via the Cambridge Analytica data scandal), manipulated elections (such as the 2016 Presidential one) and subjected its users to mass surveillance.

Twitter has allowed trolls to abuse its followers and spread dangerous lies to millions. For five years, its chief troll was Donald Trump, who libeled hundreds while falsely claiming that COVID-19 was a hoax and that he won re-election in 2020 but was cheated by fraud.

Such lies resulted in the deaths of tens of thousands of Americans from COVID—and poisoned the American electoral system for future races.

Yet in both cases, the Federal Government has stood by and allowed such abuses to continue unpunished. Yet it commands a wide range of agencies capable of addressing such abuses—such as the Federal Trade Commission, the Federal Communications Commission and—not least importantly, the Justice Department.

Powerful, life-altering companies require powerful oversight—through the prism of the warning given by Niccolo Machiavelli more than 500 years ago:

All those who have written upon civil institutions demonstrate…that whoever desires to found a state and give it laws, must start with assuming that all men are bad and ever ready to display their vicious nature, whenever they may find occasion for it.  

If their evil disposition remains concealed for a time, it must be attributed to some unknown reason; and we must assume that it lacked occasion to show itself. But time, which has been said to be the father of all truth, does not fail to bring it to light.