What the Dog Saw

substance associated with prostate changes, and, if the results look problematic, they use ultrasound imaging to take a picture of the prostate. Then they perform a biopsy, removing tiny slices of the gland and examining the extracted tissue under a microscope. Much of that flood of information, however, is inconclusive: elevated levels of PSA don’t always mean that you have cancer, and normal levels of PSA don’t always mean that you don’t—and, in any case, there’s debate about what constitutes a normal PSA level. Nor is the biopsy definitive: because what a pathologist is looking for is early evidence of cancer—and in many cases merely something that might one day turn into cancer—two equally skilled pathologists can easily look at the same sample and disagree about whether there is any cancer present. Even if they do agree, they may disagree about the benefits of treatment, given that most prostate cancers grow so slowly that they never cause problems. The urologist is now charged with the task of making sense of a maze of unreliable and conflicting claims. He is no longer confirming the presence of a malignancy. He’s predicting it, and the certainties of his predecessors have been replaced with outcomes that can only be said to be “highly probable” or “tentatively estimated.” What medical progress has meant for prostate cancer—and, as the physician H. Gilbert Welch argues in his book Should I Be Tested for Cancer?, for virtually every other cancer as well—is the transformation of diagnosis from a puzzle to a mystery.

That same transformation is happening in the intelligence world as well. During the Cold War, the broad context of our relationship with the Soviet bloc was stable and predictable. What we didn’t know was details. As Gregory Treverton, who was a former vice-chair of the National Intelligence Council, writes in his book Reshaping National Intelligence for an Age of Information:

Then the pressing questions that preoccupied intelligence were puzzles, ones that could, in principle, have been answered definitively if only the information had been available: How big was the Soviet economy? How many missiles did the Soviet Union have? Had it launched a “bolt from the blue” attack? These puzzles were intelligence’s stock-in-trade during the Cold War.

With the collapse of the Eastern bloc, Treverton and others have argued that the situation facing the intelligence community has turned upside down. Now most of the world is open, not closed. Intelligence officers aren’t dependent on scraps from spies. They are inundated with information. Solving puzzles remains critical: we still want to know precisely where Osama bin Laden is hiding and where North Korea’s nuclear-weapons facilities are situated. But mysteries increasingly take center stage. The stable and predictable divisions of East and West have been shattered. Now the task of the intelligence analyst is to help policymakers navigate the disorder. Several years ago, Admiral Bobby R. Inman was asked by a congressional commission what changes he thought would strengthen America’s intelligence system. Inman used to head the National Security Agency, the nation’s premier puzzle-solving authority, and was once the deputy director of the CIA. He was the embodiment of the Cold War intelligence structure. His answer: revive the State Department, the one part of the US foreign-policy establishment that isn’t considered to be in the intelligence business at all. In a post-Cold War world of “openly available information,” Inman said, “what you need are observers with language ability, with understanding of the religions, cultures of the countries they’re observing.” Inman thought we needed fewer spies and more slightly batty geniuses.

6.

Enron revealed that the financial community needs to make the same transition. “In order for an economy to have an adequate system of financial reporting, it is not enough that companies make disclosures of financial information,” the Yale law professor Jonathan Macey wrote in a landmark law review article that encouraged many to rethink the Enron case. “In addition, it is vital that there be a set of financial intermediaries, who are at least as competent and sophisticated at receiving, processing, and interpreting financial information… as the companies are at delivering it.” Puzzles are “transmitter-dependent”; they turn on what we are told. Mysteries are “receiver- dependent”; they turn on the skills of the listener, and Macey argues that, as Enron’s business practices grew more complicated, it was Wall Street’s responsibility to keep pace.

Victor Fleischer, who teaches at the University of Colorado Law School, points out that one of the critical clues about Enron’s condition lay in the fact that it paid no income tax in four of its last five years. Enron’s use of mark-to-market accounting and SPEs was an accounting game that made the company look as though it were earning far more money than it was. But the IRS doesn’t accept mark-to-market accounting; you pay tax on income when you actually receive that income. And, from the IRS’s perspective, all of Enron’s fantastically complex maneuvering around its SPEs was, as Fleischer puts it, “a non-event”: until the partnership actually sells the asset —and makes either a profit or a loss—an SPE is just an accounting fiction. Enron wasn’t paying any taxes because, in the eyes of the IRS, Enron wasn’t making any money.

If you looked at Enron from the perspective of the tax code, that is, you would have seen a very different picture of the company than if you had looked through the more traditional lens of the accounting profession. But in order to do that you would have to be trained in the tax code and be familiar with its particular conventions and intricacies, and know what questions to ask. “The fact of the gap between [Enron’s] accounting income and taxable income was easily observed,” Fleischer notes, but not the source of the gap. “The tax code requires special training.”

Woodward and Bernstein didn’t have any special training. They were in their twenties at the time of Watergate. In All the President’s Men, they even joke about their inexperience: Woodward’s expertise was mainly in office politics; Bernstein was a college dropout. But it hardly mattered, because cover-ups, whistle-blowers, secret tapes, and exposes—the principal elements of the puzzle—all require the application of energy and persistence, which are the virtues of youth. Mysteries demand experience and insight. Woodward and Bernstein would never have broken the Enron story.

“There have been scandals in corporate history where people are really making stuff up, but this wasn’t a criminal enterprise of that kind,” Macey says. “Enron was vanishingly close, in my view, to having complied with the accounting rules. They were going over the edge, just a little bit. And this kind of financial fraud—where people are simply stretching the truth—falls into the area that analysts and short-sellers are supposed to ferret out. The truth wasn’t hidden. But you’d have to look at their financial statements, and you would have to say to yourself, ‘What’s that about?’ It’s almost as if they were saying, ‘We’re doing some really sleazy stuff in footnote 42, and if you want to know more about it, ask us.’ And that’s the thing. Nobody did.”

Alexander George, in his history of propaganda analysis, looked at hundreds of the inferences drawn by the American analysts about the Nazis, and concluded that an astonishing 81 percent of them were accurate. George’s account, however, spends almost as much time on the propaganda analysts’ failures as on their successes. It was the British, for example, who did the best work on the V-1 rocket problem. They systematically tracked the “occurrence and volume” of Nazi reprisal threats, which is how they were able to pinpoint things like the setback suffered by the V-1 program in August of 1943 (it turned out that Allied bombs had caused serious damage) and the date of the Nazi V-1 rocket launch. K Street’s analysis was lackluster in comparison. George writes that the Americans “did not develop analytical techniques and hypotheses of sufficient refinement,” relying instead on “impressionistic” analysis. George was himself one of the slightly batty geniuses of K Street, and, of course, he could easily have excused his former colleagues. They never left their desks, after all. All they had to deal with was propaganda, and their big source was Goebbels, who was a liar, a thief, and a drunk. But that is puzzle thinking. In the case of puzzles, we put the offending target, the CEO, in jail for twenty-four years and assume that our work is done. Mysteries require that we revisit our list of culprits and be willing to spread the blame a little more broadly. Because if you can’t find the truth in a mystery—even a mystery shrouded in propaganda—it’s not just the fault of the propagandist. It’s your fault as well.

In the spring of 1998, Macey notes, a group of six students at Cornell University’s business school decided to do their term project on Enron. “It was for an advanced financial-statement-analysis class taught by a guy at Cornell called Charles Lee, who is pretty famous in financial circles,” one member of the group, Jay Krueger, recalls. In the first part of the semester, Lee had led his students through a series of intensive case studies, teaching them techniques and sophisticated tools to make sense of the vast amounts of information that companies disclose in their annual reports and SEC filings. Then the students picked a company and went off on their own. “One of the second-years had a summer-internship interview with Enron, and he was very interested in