Thursday January 24 11:38 AM ET

Ex-Andersen Partner Won't Testify on Enron

WASHINGTON (Reuters) - David Duncan, the Andersen partner who was fired after leading an audit of now-bankrupt Enron Corp.'s (ENRNQ.PK) books, refused on Thursday to testify before Congress after lawmakers declined to grant him protection from any prosecution based on his testimony.

``Enron robbed the bank, Arthur Andersen provided the getaway car and they say you were at the wheel,'' said Rep. Jim Greenwood, chairman of the House Energy and Commerce subcommittee on oversight and investigations.

After Greenwood asked Duncan if he ordered destruction of documents to subvert government investigations into Enron's collapse, and if he did so at the direction of others, Duncan invoked his Fifth Amendment right not to incriminate himself.

``I would like to answer the committee's questions, but on the advice of my counsel, I respectfully decline to answer the question based on the protection afforded me under the Constitution of the United States,'' said Duncan.

``Respectfully, that will be my response to all your questions,'' he told the committee. He was then excused from the witness table.

Andersen fired Duncan earlier this month for what it said was his role in destroying documents related to the Enron audit.

Duncan has said previously, through his lawyer, that he was following instructions from an Andersen in-house lawyer and is cooperating with government investigators into the collapse of Enron.

Greenwood lashed out at Duncan for refusing to testify.

``While Mr. Duncan has complied with the subpoena requiring his appearance today, by invoking his Fifth Amendment rights ... he will hamper the important work of this committee in our search for the truth about what transpired at Andersen during the critical period we are examining,'' he said.

-- (criminal@corporate.conman), January 24, 2002

Answers

If he doesn't take immunity there is serious question that Mr. Duncan may have a personal stake in the Enron fraud not related to his Andersen employ. We need to work up the chain from the lowest shredder till it hits or misses him.

-- Carlos (riffraff@cybertime.net), January 25, 2002.