« previous | MUCK HOME | next »

New Mexico Probe Just the Tip Of the Iceberg On Municipal Bond Scams?
Ever since New Mexico governor Bill Richardson withdrew his nomination for Commerce Secretary citing an investigation into the company that obtained a contract to advise the state on bond deals, news reports have been making reference to a broader nationwide probe of alleged price-fixing and corruption in the municipal bond industry, which the New Mexico investigation grew out of.
Here at Muckraker, we've started looking into that larger ongoing story, and today the New York Times delivers a helpful takeout on the subject -- though many of the details still remain murky.
As the paper explains, federal and state investigators have over the last few years gathered evidence of what looks like a collusion scheme by financial firms that work with state and local governments on municipal bond deals worth around $400 billion each year.
Explains the paper:
E-mail messages, taped phone conversations and other court documents suggest that companies did not engage in open competition for this lucrative business, but secretly divided it among themselves, imposing layers of excess cost on local governments, violating the federal rules for tax-exempt bonds and making questionable payments and campaign contributions to local officials who could steer them business. In some cases, they created exotic financial structures that blew up.
And crucially, the paper makes clear that this isn't just an isolated case, but rather goes to the very heart of the municipal bond system.
People with knowledge of the evidence say investigators are not just looking at a few bad apples, but also at the way an entire market has operated for years.
A former IRS investigator estimated to the Times that as much as $4 billion has vanished into the system as a result of the schemes.
A source tells the paper about evidence that sheds light on one way in which the scam works. People from firms that have contracted with local governments to help them pick their bankers were taped telling the bankers: "We want you to bid on this deal, but you're not going to get it -- you're going to get the next one. We want you to submit a sloppy bid." Then, in some cases, banks would be paid in cities where they did not work, to reward them for throwing the other contract to a competitor.
Part of the problem appears to be the lack of regulation, especially of companies that have emerged in recent years to advise governments on complex derivatives deals like swaps and options.
The Times explains:
The packages are presented as money-savers to the municipalities, which may want to protect themselves against interest rate changes. But over the last year, as turmoil spread through the credit markets, some of the derivatives have blown up, leaving local governments stuck with unexpected costs.
CDR, the firm that's being investigated in New Mexico, leading to Richardson's withdrawal, is one such company that handles derivatives.
That firm and two that do similar work -- Investment Management Advisory Group, (known as "Image"), and Sound Capital Management -- had their offices raided by the FBI in 2006 as part of the investigation.
The former Treasurer of the city of Phladelphia is currently in jail for accepting illegal payments in exchange for giving city bond business and other contracts to selected companies. CDR and Image appeared frequently in the indictments, and CDR was found to have paid for the Treasurer's trip to the Super Bowl, but neither firm was formally charged.
Financial services companies including JP Morgan Chase, AIG, and Merrill Lynch have been subpoenaed as part of the investigation.
The exact mechanism or mechanisms by which these scams works remains a bit obscure, and may vary from case to case. But the broad picture is clear: financial firms, including some Wall Street powerhouses (at least until recently) are suspected of colluding to rip off state and local governments -- that is, taxpayers -- for billions.
We'll be staying on top of this...













I'm still hoping Bill Richardson just knows some bad people and isn't involved. He seems like a decent man and it's hard to believe he'd go along with this. Nonetheless, I'm glad this is coming out, especially with the temptation to do more borrowing states and cities will feel under their budget pressures.
January 9, 2009 2:07 PM | Reply | Permalink
For what it's worth.
Around 2002 3 to 2005, I started to to follow the Empire State Development Corporation bond issues because Charles A. Gargano was the president. The ESDC is the state economic development agency.
I've known Gargano was a crook since 1979 when he was a participant in the $2 billion dollar Suffolk County Southwest Sewer District scandal. Charlie was a vice-president at J.D. Posillico & Sons, one of the largest sewer district contractors.
Over the years, the ESDC bond issues kept getting bigger and bigger and I couldn't figure out what the money was being used for. Some of the proceeds were used to refinance existing debt but then there were bonds issued for things like "prison services" which, on the surface, has nothing to do with the ESDC.
For years, I kept asking online if the New York State was borrowing money to operate its prisons. That would be like charging your groceries on a credit card.
One of the tricks I think Wall Street and Gargano were pulling was calling in bonds early just so the bondholders could get paid a premium and the underwriters like Goldman Sachs got their fat fees.
Paying a premium to bondholders for calling a bond issue in early effectively increases the stated value of the bond. If you were a crook and had inside info that certain bond issues were going to be called early by NYS at a premium, you'd go out and buy the bonds before the rest of the bond market found out, wouldn't you?
I don't think NYS taxpayers were getting any bargains either when these bonds were refinanced after factoring in the cost of the premiums and underwriting fees.
Wait. It gets worse. I don't know how widespread this practice is nationwide but, at one point, NYS apparently began issuing income tax revenue stream secured bonds to avoid having to downgrade its credit rating and to be able to continue to load on the debt.
"Tax revenue stream secured" means the bondholders must be paid with income taxes as they are collected and only the residual income taxes go to the state. In other words, tax revenue stream secured bondholders get paid before the state gets the money to spend on anything else.
Apparently, various forms of tax revenue stream secured bonds have been around for awhile. The tax that secures the bonds can be any kind of tax. A sales tax is one example.
In 2000, Fitch, a bond rating agency, issued a rating of sales tax revenue stream secured bonds to be issued by the Interim Nassau County Finance Authority. (At the time, NYS had to bail out Nassau County after crooks like Alphonse D'Amato and Peter King had bled the country dry over the years.)
Fitch's explanation of its rating is fairly easy to understand even if you are not a financial expert.
But try to read Fitch's rating of a 2009 New York City Transitional Financial Authority bond issue. I can't figure out if the bonds are income tax revenue stream secured or not.
When government financing gets so complicated that no one but the experts can figure it out, chances are the taxpayers are getting taken to the cleaners.
Someone ought to sit down with a pencil and paper to figure out how much NYS debt is actually secured by the state's income tax revenue stream in total in one form or another. This issue could be another house of cards just like the derivatives market.
Enough of the muni crisis. Just wait until the taxpayers find out crooked actuaries have been lowballing state and local pension fund liabilities. Sarah Palin, former mayor of Wasilla, knows exactly what I mean.
January 10, 2009 5:54 PM | Reply | Permalink