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Last updated at: (Beijing Time) Thursday, January 24, 2002

Fired Enron Auditor Refuses to Testify at U.S. Congress Hearing

A fired partner at the accounting firm of Arthur Andersen, once auditor for Enron Corp., refused on Wednesday to testify unless given immunity at a scheduled U.S. Congress hearing.


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A fired partner at the accounting firm of Arthur Andersen, once auditor for Enron Corp., refused on Wednesday to testify unless given immunity at a scheduled Congress hearing.

Robert Giuffra, a lawyer for the auditor, David Duncan, told the House Energy and Commerce Committee by letter that "he will rely on his constitutional right not to testify" unless he is given immunity by the panel.

The committee served a subpoena Wednesday on Duncan requesting him to testify at a hearing on Thursday. Andersen attorney Nancy Temple and risk manager Michael Odom also received subpoenas for the same purpose.

Duncan was fired last week for his role in the extensive destruction of Enron-related documents after federal regulators began investigating possible accounting irregularities.

Congress can compel witnesses to show up, but cannot force them to answer potentially incriminating questions without granting them immunity from criminal prosecution.

Ken Johns, spokesman for the House panel, said Duncan would have to appear in person on Thursday to invoke his constitutional right not to testify rather than send a sworn statement.

Duncan's lawyer said the Congress panel is taking the unusual step of requiring Duncan to come before it publicly Thursday.

Energy trading giant Enron filed for bankruptcy on December 2, and it is the biggest bankruptcy in United States history. Its collapse left thousands of employees out of work and stripped their retirement savings after Enron temporarily barred them from selling company stock.

In another development, the Senate Finance Committee on Wednesday required Enron to release the company's tax returns to the public.

Committee Chairman Max Baucus and ranking Republican Charles Grassley asked Enron to "release to the public information contained in Enron's federal consolidated tax returns or any tax information related to Enron's affiliated companies or partnerships that is not included in the consolidated tax returns."

Last week, a tax watchdog group said Enron had not paid U.S. income taxes in four or five years through to the year 2000.





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