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The Pension Scandals: Six Degrees Of How "Toxic Waste" Lands In Teachers' Retirement Funds
LATE UPDATE: An earlier version of this post misidentified New Mexico State Investment Council portfolio manager Kay Chippeaux as being Frank Foy's replacement; Foy had held various titles including chief investment officer at the state's Education Retirement Board.
In June 1997 Tom Flanigan, the chief investment officer of the California State Teachers Retirement System, wrote a letter to his old mentor, then-SEC chief Arthur Levitt. He was under political pressure, he said, to gamble with teachers' savings. The state comptroller was demanding he allocate a bigger portion of the fund to venture capital firms and hedge funds in what he thought to be an overheated market.
Meanwhile, hedge funds and private equity firms were hiring politically connected "placement agents" to descend upon his board of directors, who had final approval over his investment decisions. He had just watched the Texas investment firm Hicks, Muse, Tate and Furst secure a $100 million investment from the state employees' general retirement fund CalPERS after paying a $750,000 "finders fee" to a former board member and longtime Los Angeles politico named Alfred Villalobos. Villalobos had a questionable history with Hicks -- as a board member he'd already approved another $100 million investment in the firm on the advice of the fund's paid adviser Chris Bower. Nine months later, Bower sold his two-year-old yacht to Hicks founder Tom Hicks for a $45,000 profit. And there was other smoke around the deal, if no clear fire: Villalobo, for one had just filed for personal bankruptcy over gambling debts. And the board had initially rejected the deal -- when another LA politico on the board, a labor leader named Jerry Cremins, changed their minds. There was something "unseemly if not unethical" going on, Flanigan wrote. The SEC proposed rules regulating the placement agencies.
A few months later, Flanigan was sacked.
The SEC's proposals went nowhere. In 2001, Flanigan was hired to run the Connecticut state employee pension fund after the former state treasurer was indicted in another play-to-play scandal. (Seven weeks into the gig, Flanigan was sacked again -- this time for trying, he claimed, to stop a massive secret sale involving bond sales by a firm which had already been indicted in another case.)
Frank Foy can relate. Until 2006 he managed the New Mexico teachers' retirement fund, and according to a whistleblower lawsuit he filed against the state, he maintained a strict policy against investing any money with managers who made political contributions. He started at the fund in 1992 and was promoted to chief investment officer in 1996. But when Governor Bill Richardson took office in 2003,things changed. Bruce Mallot, the Education Retirement Board chairman and Richardson campaign treasurer, started getting more aggressive with the pension's money -- as his accounting firm racked up $7.8 million in state auditing contracts. "It had become apparent," the complaint reads, "that in some instances [investment decisions] were being tainted by political considerations and contributions." By 2005, the complaint says, Foy was regularly coming into conflict with the board. Mallott advised him to be a "team player."
Rather than face Flanigan's fate, Foy arranged in 2006 to demote himself to deputy, a position from which he could not be fired without cause. That same year, he started getting calls from a firm called Vanderbilt Capital Advisers, which wanted the fund to invest in a mortgage-backed collateralized debt obligation, or CDO. If those three letters mean anything to you, you have an idea where this is headed. But Vanderbilt's was a very special kind of CDO.
After investment banks pool mortgages together into CDOs, they split them up into "tranches" of quality, of which the highest-rated get first dibs on interest payments. Generally in such deals, only the highest-rated tranches are sold to investors. But what Vanderbilt was peddling was the lowest-quality "equity" tranche -- "the residue left over after investment banks assemble assets and securitizes them," as the complaint puts it. Equity tranches were also known as "toxic waste." The investment banks did not bother paying rating agencies to grade them, because they generally didn't bother trying to sell them.
Vanderbilt estimated the tranche would deliver 20% annual returns; Foy could not see how. The Board voted 4-2 to invest $90 million in the CDO. It would not be the last for the state: Kay Chippeaux, who managed money for New Mexico's State Investment Council (and contributed to Bill Richardson, told Bloomberg that by April of that year her fund had $225 million invested in "equity" tranche CDOs and its board had voted to invest $300 million more. In May the ERB received its second and last interest payment from Vanderbilt, the two of which totaled $3.7 million. In August the fund received a letter from Vanderbilt blaming "cash flow" problems for a suspension of interest payments. The rest was gone.
That December Foy was accused of sexual harassment in what he claims was a ploy to get rid of him; he was found guilty on three charges but claims the charges were fictitious. He was demoted and eventually all but forced to retire, the lawsuit claims. Whatever one makes of charges against Foy, the very questionable investment he notes, speaks for itself. Banks pawned off "equity tranches" on a multitude of public pension funds during the height of the height of the bubble, but no fund's exposure to the risky assets even approached New Mexico's. (Although CalPERS looks like it was the second most aggressive toxic waste acquirer.)
Foy never figured out who got what out of the deal, save for the 20 banks and asset management firms that collected fees to put it together. But the son of one of Richardson's closest associates turned out to be the "placement agent" on the deal -- and 23 others that netted him more than $11.5 million in fees.
And that son, it probably wouldn't surprise Tom Flanigan to learn, sometimes collects fees through a placement agency owned by the son-in-law of that persuasive CalPERS board member Jerry Cremins -- who is in turn accused of participating, along with the yacht-flipping consultant Chris Bower and a host of other politically-connected professional pension fund skimmers, in the $35 million state-run conspiracy to defraud the pension fund in New York.
New York finally got around to banning hedge funds and private equity firms from paying "finder's fees" for investments in the pension fund -- but not before an assortment of politicos and Wall Street banks succeeded in assembling an extensive Rolodex of quid pro quo-inclined money and managers. In many cases, that same Rolodex was deployed to peddle interest rate swaps and other risky derivatives on cities, states and public works programs.
While most of Wall Street's worst abuses were carried out by people sufficiently divorced from the consequences of their actions -- by screens and spreadsheets and the detaching effects of "securitization" -- to perceive them as victimless crimes, the ever-expanding pay-to-play scandal involves a much more direct plundering of the public sector and the retirement funds of those who work within it to enrich Wall Street. Its complexities are still mind-numbing, but this is only financial scandal where you'll find characters like Rod Blagojevich. We'll be introducing you to some more of its boldface names over the coming days.

















We're going to find that a significant number of Retirement Funds/Systems have been looted over the past decade. CalSTRS and CalPERS are the tip of the iceberg, but significant ones: this is the largest state in the union, with the funds being on the level that is second only to Federal ones.
John
April 29, 2009 5:06 PM | Reply | Permalink
Bravo...what about NYS and NYC and Quady and Bloomy and Thompson and all the sillyness that is nah yark?
April 29, 2009 6:28 PM | Reply | Permalink
Can we start stripping all malfeasers (and their wives, mistresses, kids, etc...) of of their wealth now? This whole "possession is 9/10th's the law" bull$hit ain't cutting it anymore.
April 29, 2009 7:08 PM | Reply | Permalink
Jeez, I am not bailing out this gang. Sorry but the pot is dry, file a class action lawsuit against wallstreet.
April 29, 2009 7:43 PM | Reply | Permalink
From the the SEC's March 2008 report on insider trading at the Retirement Systems of Alabama:
At the time of the events described in this Report, RSA had no program, policy, practice or training to ensure that its investment staff understood and complied with the federal securities laws in general or insider trading laws in particular. RSA also did not have a compliance officer, and the responsibilities of its general counsel did not include oversight of RSA's investment activities.
http://www.sec.gov/litigation/investreport/34-57446.htm
April 29, 2009 8:04 PM | Reply | Permalink
Whay about disgorgement -there was some talk about Cassano /AIGFP / fraud and disgorgement -The question is did these asshats finicial fraudsters commit fraud and can they be made to disgorge ( ie give back the money ) THEY RIPPED OFF???!!
April 30, 2009 4:40 AM | Reply | Permalink
Disgorgement should be the beginning. Then come the punitive fines. Then come the prison sentences. There's a much simpler term for "finder's fees" paid to people in a position to influence the investment of money not their own: bribes.
April 30, 2009 10:43 AM | Reply | Permalink
the state can afford stupid things like putting up Guard Rails on Bond Rd (Hwy 307). The State can buy property up to give right of ways to bridges. However, when it comes to good clean recreational activities for families, it cannot afford them.This so smacks of the school systems threatening to close down the football program everytime they want to catch the attention of the masses.I love Ft Flagler with its miles of flat beach to walk on. And the high cliffs and views of the Olympic mts., Indian Island, Ft Warden, Mt Baker, Whidbey Island, and Port Townsend. The historic military buildings and the bunkers are also a nice attraction.
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mike
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real estate
May 18, 2009 4:25 PM | Reply | Permalink
The Pension Scandals: Six Degrees Of How "Toxic Waste" Lands In Teachers' Retirement FundsThe Pension Scandals: Six Degrees Of How "Toxic Waste" Lands In Teachers' Retirement FundsCalifornia Public Employees Retirement System articles from ... Most of the fund was raised from institutional investors, including the California Public Employees' Retirement System in ... The Pension Scandals: Six Degrees Of How "Toxic Waste" Lands In Teachers' Retirement Funds
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mike
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real estate
May 18, 2009 4:29 PM | Reply | Permalink