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The Motley Fool Sues the U.S. Government

Enron, the most misunderstood corporation in American business, is the victim of malicious prosecution and abuse of process by the federal government. We can prove it, and you can profit.

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In Defense of Enron

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By David Gardner and Tom Gardner
April 1, 2006

Dear Motley Fool Members,

As you know, we -- David and Tom Gardner -- have not built an organization that sits on its thumbs when we encounter a burning need for change. Former SEC Chairman Arthur Levitt once hailed The Motley Fool as the organization most responsible for driving forward Regulation Fair Disclosure (Reg. FD), which forced companies to communicate with all shareholders simultaneously.

We stood up on your behalf. We do so again today.

Our historic lawsuit
Today, we announce that we're preparing a class action lawsuit against the federal government on behalf of the former executive leaders of Enron, all of the company's shareholders, and anyone whose investments were adversely affected by the fall of Enron. We believe that the federal government has overstepped its bounds, using malicious prosecution and abuse of process. Their actions cost investors more than $100 billion between 1999 and 2003. That is money that is owed to all of us -- and we're dedicated to helping you win back your share. 

EnRaged: How the media lied to you
How much do you really know about how Enron's leaders formed, financed, and forwarded their business? How much of that was spoon-fed to you by the American media?

Ken Lay, you likely think him a crook.
Jeffrey Skilling, a fiend.
Enron, surely it must've been a damned fraud.

If you've thought any of these, or all three, you're certainly not alone. We understand why you would. But these are honest men who have been impugned. Yup, we said honest. And we'll prove it.

You may be surprised at what you're about to read. (Follow the links above for the real story about the company, the players, the enemies, and the role all individual investors played in the fall of Enron.) It's not the story that Enron-haters want you to read.

The bloodlust in America wants the folks who ran Enron to suffer for all of the misdeeds that took place on Wall Street in the late 1990s for which no one has been prosecuted.

But Enron is not what's wrong with American business. Enron is not the evil that every media organization has led you to believe it is. It is, in our opinion, the most misunderstood corporation in American history.

EnRiched: Profits made; lives improved
Enron was arguably the most strident consumer advocate in the history of American business -- one trying to dramatically reduce the prices on everything from oil to broadband access to electricity right down to the peanut butter in the jar in your pantry. 

It was a wonder to behold -- a magnificent company once valued in excess of $100 billion. Its leading core value was integrity. Its mission was to save you money. Its ambition was to increase the stock price for its shareholders, and management would stop at nothing in pursuit of that goal.

Tom and David Gardner talk it over with Ken Lay.

We only wish that all public companies would similarly prioritize their stockholders' interests. And we said as much in our candid talk with Ken Lay in January 2000. (Listen to our chat or download the audio file to your desktop to enjoy later.)

Enron's was a glorious mission. But its mission was cut short by competitors conspiring with the federal government to kill the goose that was about to lay platinum eggs for the American consumer for decades.

EnWronged: Money due to you
We are seeking damages to match the losses suffered by Enron shareholders ... in excess of $100 billion. These are damages due to all of us (see whether you qualify below). We will be using more than half of the capital previously reserved to run our business in order to correct the misdeeds of prosecuting attorneys who are more interested in advancing their political careers than in finding out the truth about Enron.

  • It is time for the federal government to let corporations grow as they please.
  • It is time to give commercial leaders the latitude they need to form world-class organizations.
  • It is time that investors learn that every accounting mistake is correctable, in time.
  • It is time to tell the truth about Enron: Had the government let Enron and its leaders be, we would not have witnessed together one of the largest bankruptcies in the world's history.
  • It is time for the prosecution to pay a penalty (to us) for its blind ambition.

We will not go down without a fight, on your behalf. Join us as we claim the lion's share of the recovery. Read on for more about how to get involved with us in the struggle and to profit from this legal action.

EnRally: Join the class action lawsuit
Do you qualify to be compensated? If any of the following are true, then you have been a victim of this malicious prosecution and deserve renumeration:

-- if you were an Enron shareholder
-- if you were scared to buy common stock because of the Enron media scare 
-- if you owned common stock of any public company
-- if you were a currency investor
-- if you were a wage earner between the years 1999 and 2003 (the years in which Enron's performance had its profound effect on the equities market)

If you meet any of these standards, you are eligible to participate in our class action lawsuit. (Please email us at EnronClassAction@fool.com with any comments or questions.)

  1. Fill out a Plaintiff Certification form, which will guarantee you a pro rata share of the recovery (up to $500,000). Note: The more plaintiffs involved, the larger the subsequent legal action (and awarded damages) will be. If you know of other victims, email this article to them by clicking the link below.

  2. Show solidarity by participating in the Million Ken March with fellow victims from across the globe.

Again, get the word out by emailing this call to action to all potential victims. Together, we will right this wrong.

Tell us what you think!

David and Tom Gardner


Next: The Problem With Punishing Enron