It was an image many investors yearned to see: Former Enron
executive Ken Lay in handcuffs, facing civil and criminal charges
stemming from the collapse of the company he led for 15
years.
He wasn't alone. John Rigas was sentenced to as many as 30 years in
prison for using the company he founded, Adelphia, as his personal
piggy bank. And former WorldCom head Bernard Ebbers faces trial on
fraud and conspiracy charges later this year.
These people are all former CEOs, accused of -- or convicted of --
financial misdeeds. And let's make no mistake: The government is
doing the right thing by pursuing incidents of corporate
malfeasance. Capitalism doesn't work without the rule of law.
However, while a series of "crooked CEO" stories has played big in
headlines, talk shows and op-ed pages, surprisingly little media
attention has been given to a much bigger scandal: the United
Nations Oil-for-Food program.
For example, the New York Times has mentioned it only 56
times, compared to the more than 3,000 stories the Times
carried about Enron in 2002.
Oil-for-Food was established a decade ago with the admirable goal
of providing humanitarian aid to the Iraqi people. But it didn't
work.
While his people continued to starve, Iraqi dictator Saddam Hussein
embezzled billions from the program through oil smuggling and
systematic thievery. He also demanded illegal payments from
companies buying Iraqi oil, and pocketed billions of dollars in
kickbacks. The U.S. General Accounting Office estimates Saddam's
illegal take exceeded $10 billion.
But he wasn't the only one who allegedly profited from this
supposed humanitarian program. Some U.N. employees stand accused of
rank incompetence and mismanagement. In fact, some may even have
worked along with the Iraqi regime to defraud the program.
And this is a scandal, like those involving corporate CEOs, that
goes right to the top. Benon Sevan, the former executive director
of the Oil-for-Food program, appeared on an Iraqi Oil Ministry list
of 270 individuals, political entities, and companies allegedly
receiving oil vouchers as bribes from Saddam Hussein's
regime.
That doesn't prove that Sevan did anything wrong, of course. But
he raised additional suspicions when American congressional
committees opened investigations of Oil-for-Food. Sevan -- who
retired from the United Nations at the end of May -- wrote letters
on official U.N. stationery warning some of the companies
implicated in the scandal that they must first seek U.N. approval
before releasing documents to investigators. In the corporate
world, we might call that suppression of relevant documents.
Investigators also will have to puzzle out what U.N. Secretary
General Kofi Annan knew and when he knew it. For example, an
internal U.N. office audited the Oil-for-Food program in 2003,
before the liberation of Iraq. That investigation reportedly
criticized the world body's dealings with the Swiss company Cotecna
Inspection SA.
Annan's son Kojo worked for Cotecna in the 1990s, and was a
consultant for the company until just before it was awarded a $4.8
million contract to oversee the operations of the Oil-for-Food
program. Even after the critical report, Cotecna captured another
$9.8 million contract. Was Kojo Annan a factor in the awarding of
those contracts?
The U.N. conducted 55 other in-house investigations of Oil-for-Food
over the years. The world body should release all those reports to
congressional investigators, so we can determine exactly what Kofi
Annan knew about the rampant structural problems within
Oil-for-Food and what he did, if anything, to fix those
problems.
Former Federal Reserve Chairman Paul Volcker is leading a
U.N.-sanctioned investigation of Oil-for-Food. He's a fair-minded
and dogged investigator, but his panel lacks subpoena authority --
it will have to rely on voluntary cooperation from governments,
U.N. employees, and current and former Iraqi leaders.
That's why it's critical that U.S. lawmakers also continue their
own investigations -- to keep the pressure on the U.N. and to
uncover documents that can be obtained only with a subpoena.
Taxpayers worldwide deserve to know everything there is to know
about Oil-for-Food. After all, relatively few of us were investors
in Adelphia, Enron or WorldCom. But we're all stakeholders in the
United Nations, whether we like it or not. The U.S. taxpayer is far
and away the largest "investor" in the U.N.
After the corporate scandals in 2002, Congress passed the
Sarbanes-Oxley Act, which in part makes companies CEOs responsible
for any financial misdeeds that happen during their tenure. It's
time to hold Kofi Annan and the United Nations to the same
standards we now apply to our corporate leaders.
Ed Feulner is president of The Heritage Foundation
(heritage.org), a Washington-based public policy research
institute.
COMMENTARY
U.N. Shareholders Due Oil-for-Food Answers
Aug 19, 2004 3 min read