TPMMuckraker
Andrew Cuomo

Did Pay-To-Play Probe Cause Rattner's Resignation?

Zachary Roth | July 15, 2009, 2:34PM

So: is Steve Rattner stepping down as the Obama administration's car czar because of the investigation into whether his private-equity fund used pay-to-play tactics to win business from New York's public pension fund?

Probably.

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Topics: Andrew Cuomo, Securities and Exchange Commission, Steve Rattner, Wall Street

Andrew Cuomo

Before You Take The Advice Of Credit Solutions Of America And Sell That Plasma, You Might Want To Read This

Moe Tkacik | May 19, 2009, 5:55PM

New York AG Andrew Cuomo sued two major debt settlement companies today for fraud and deceptive advertising practices in the first big development in an expansive probe of the debt settlement industry he announced last week. One of the companies, Credit Solutions of America of Richardson, Texas, was sued by its own state attorney general in March -- and from the numbers it sounds like a busy time for the company's lawyers. Cuomo's office said CSA, which has had more than 1,600 Beter Business Bureau complaints filed against it in the past three years, collected approximately $17 million in fees signing up 18,000 New Yorkers between 2003 and 2008 with promises of reducing their debtload by 60% -- a promise they fulfilled for an average of one percent of their customers.

Two things make that shocking statistic even more shocking. Number one, as a New York Times Magazine story published Sunday makes clear, it's hardly unusual these days for customers to receive a 60% reduction in their credit card debts simply by asking the customer service representative on the other end of the line. Number two, as some documents we received from a lawyer representing an ex-client of CSA makes clear, the company endorsed some pretty desperate measures for settling debts: yup, CSA encouraged its clients to sell their blood plasma!

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Topics: Andrew Cuomo

Bear Stearns

Carlyle Group To Pay $20 Million, Submit To Cuomo's "Code Of Conduct"

Moe Tkacik | May 14, 2009, 4:06PM

In what New York AG Andrew Cuomo is hailing as a "revolutionary" agreement, Carlyle Group agreed to pay a $20 million settlement to "resolve its involvement" in former New York state comptroller adviser Hank Morris's alleged scheme to collect bribes from hedge funds and private equity firms in exchange for state pension fund investments. As part of the deal Carlyle will agree to Cuomo's new code of conduct banning the use of "placement agents" like Morris, who allegedly collected $13 million in sham fees from Carlyle for steering $730 million in state pension fund investments to the firm.

Carlyle admitted no wrongdoing and announced it was suing Morris and the firm he worked for, Searle & Co., for $15 million. The code of conduct could indeed prove pretty revolutionary in the industry if Cuomo succeeds in making similar settlements with other money managers, which he said was his intention. Whether it marks a considerable change at Carlyle is another matter; after all, if you can name one politically-connected private equity firm it is probably the Carlyle Group.

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Topics: Andrew Cuomo, Bear Stearns, Carlyle Group, Hank Morris

Julio Ramirez

If Anyone Can Tell Us How This Massive Pension Conspiracy Worked, It's Probably Julio Ramirez

Moe Tkacik | May 13, 2009, 4:42PM

It looks like a major figure in the ever-expanding public pension fund scandal is cooperating with New York AG Andrew Cuomo's probe.

The player in question is Julio Ramirez, a former Los Angeles politico who until March worked for the tony boutique investment bank Blackstone. In the nineties, Ramirez managed one of former LA mayor Richard Riordan's campaigns and worked on various others. Yesterday Cuomo announced Ramirez had pleaded guilty to securities fraud in the scheme allegedly masterminded by Hank Morris, the former top adviser to Comptroller Alan Hevesi, along with David Loglisci, the chief investment officer of the New York general pension fund. Ramirez could be the key to unwinding the Western wings of what Cuomo yesterday called "a matrix of corruption - which grows more expansive and interconnected by the day."

The AG office says Ramirez got involved in the scheme in 2003 while he was working for two hedge funds on behalf of Wetherly Capital Group, a well-connected placement agency in LA. Morris, who effectively became the "gatekeeper" of pension investments after Hevesi won the 2002 comptroller election, promised to secure investments for Ramirez's clients if he gave him a 40% cut of his fees. Unbeknownst to the pension funds and money managers, Ramirez wired a cut of his fees into a shell company Morris incorporated called PB Placement. In a statement Wetherly president Dan Weinstein called Ramirez a "part-time employee who...dragged the firm into this controversy."

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Topics: Andrew Cuomo, Julio Ramirez, Marc Correra

Andrew Cuomo

Cuomo Subpoenas 100 Hedge Funds, Enlists 36 States In Mushrooming Pension Probe

Moe Tkacik | May 1, 2009, 5:42PM

What did we tell you? The New York state pension fund scandal is starting to look pretty national. New York AG Andrew Cuomo just issued 100 subpoenas to investment firms in his expanding investigation of pay-to-play schemes that defraud public employee retirement funds, and announced the participation of 100 officials in 36 states' attorney general offices in the probe.

Who are the 14 holdouts? We suspect they're states that already regulate placement agents or ban them altogether, as New York did last week.

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Topics: Andrew Cuomo

Andrew Cuomo

Cuomo Charges Dallas Money Manager, Says NY Pension Scammers Are Part Of A "National Network"

Moe Tkacik | April 30, 2009, 4:00PM

New York AG Andrew Cuomo added a new name to the growing list of indictments in the New York Pension Fund scandal: Saul Meyer, the (youthful-looking) 38-year-old founder of the private equity fund Aldus Equity. Meyer won't be the last, Cuomo assured reporters at a press conference announcing the charges today:

"I believe we are disclosing a national network of actors who often acted in concert and did this all across the country," Mr. Cuomo said. "They collaborated, they often partnered and victimized states and taxpayers across the country. It's also an ongoing scam."

We said as much yesterday, when we showed you how a key figure in the pension scandals in New Mexico and New York was a direct descendant-in-law of a key figure in a California pension scam of the nineties. And we told you about Aldus, a key name linking the New York fraud to a suspected scheme to scam the teachers' retirement fund in New Mexico and possibly other public pension funds, last week.

Aldus's usual business was advising state pension funds on private equity investments. But it went a step further in New York, using its access to the pension's billions to arrange a $375 million investment to create its own private equity fund. The idea was hatched by Hank Morris, the top adviser to former state comptroller Alan Hevesi who is charged with defrauding the pension fund in a scheme to collect phony "finder's fees." According to the indictment, Aldus paid Morris about $320,000 to secure itself a $375 million investment from the pension fund. Not bad for a private equity firm that, according to this Dallas Business Journal puff profile that ran (all of) two months ago: "started in 2003 with no clients."

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Topics: Aldus Equity, All Muck is Local, Andrew Cuomo, Barrett Wissman, Bill Richardson, CalPERS, Calpers, Saul Meyer, Steve Rattner

Henry Paulson

What To Make Of Hank Paulson's "Texan" Threats On Ken Lewis's Job?

Moe Tkacik | April 24, 2009, 4:11PM

It's clear New York Attorney General Andrew Cuomo's probe into the taxpayer-supported Bank of America-Merrill Lynch merger has widened considerably since he began digging into Merrill's accelerated payout of $3.6 billion in bonuses before the disclosure of a devastating fourth quarter loss. But where is it all headed?

Yesterday Cuomo wrote a letter to Congress, the SEC and TARP Oversight chair Elizabeth Warren disclosing a few findings "that raise questions about the transparency of the TARP program, as well as about corporate governance and disclosure practices at Bank of America." But as former Treasury Secretary Hank Paulson once said about such disclosures, the carefully-worded, heavily redacted documents "create more questions than they answer." The most headline-grabbing detail was Paulson's threat to fire Bank of America CEO Ken Lewis if he backed out of the bank's agreement to buy Merrill Lynch at the agreed upon $10 a share; the second was the revelation that the Fed and Treasury had left the SEC "in the dark" throughout the entire process.

The immediate question at hand is whether Lewis broke securities laws or violated his fiduciary duty to protect his shareholders when he went along with Paulson. Certainly many Bank of America shareholders believe so; the news was met with a statement from CtW, the shareholder group campaigning to oust Lewis in a proxy battle declaring that Lewis "violated their legal duties to shareholders in order to protect their own employment interests" when he decided not to invoke the deal's Material Adverse Change clause, which allows companies to get out of merger agreements under some circumstances. Bank of America shares have lost about two-thirds their value since the Lewis announced it was buying the investment bank.

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Topics: Andrew Cuomo, Henry Paulson, Jamie Dimon, Ken Lewis

Bank of America

Cuomo: Paulson Kept SEC Out Of The Loop On B Of A

Zachary Roth | April 23, 2009, 12:19PM

New York Attorney General Andrew Cuomo has just released documents from his investigation into Bank of America, its receipt of government money, and those billions in bonuses that went to Merrill Lynch executives.

Here's one quick nugget we found: It looks like then-Treasury Secretary Hank Paulson didn't keep the SEC -- whose role, of course, is to protect investors -- informed on the government's intense December 2008 discussions with B of A about Merrill's losses, and possible government assistance for B of A.

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Topics: Andrew Cuomo, Bailout, Bank of America, Financial Crisis, Merrill Lynch, Securities and Exchange Commission, Treasury Department, Wall Street

Bernard Madoff

Madoff Associate Who Ran Feeder Fund Is Charged With Fraud

Zachary Roth | April 6, 2009, 12:14PM

The high-profile proprietor of a second feeder fund has been charged in connection with Bernie Madoff's multi-billion dollar Ponzi scheme.

A civil fraud lawsuit filed by New York Attorney General Andrew Cuomo charges Ezra Merkin, the former chairman of GMAC, and a prominent Madoff associate and New York philanthropist, with "betraying hundreds of investors" by placing billions with Madoff without their knowledge, reports the Wall Street Journal.

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Topics: Andrew Cuomo, Bernard Madoff, Financial Crisis, Wall Street

Andrew Cuomo

Cuomo Wants Info On AIG's Credit Default Swaps

Zachary Roth | March 26, 2009, 4:52PM

Is New York Attorney General Andrew Cuomo's probe of those AIG bonuses expanding?

Maybe kind of.

The Wall Street Journal reports (sub. req.) that Cuomo plans to subpoena AIG for documents about the credit default swaps that brought the company to its knees.

AIG has claimed that it paid those lavish bonuses because it needed to keep employees of its Financial Products unit in place, so that they could do the difficult work of unwinding the disastrous deals. But in some cases, AIGFP paid back its counter-parties in full, raising questions about how complex the job really was -- and therefore, whether AIG needed to spend so much money to get their employees to stick around and do it.

Bonuses aside, the subpoena request suggests that Cuomo's probe could end up shedding important light on the underlying question of how AIGFP managed to take on so much risk through its credit default swaps that it toppled the company and put the entire financial system at risk.

Cuomo has already obtained from AIG the list of employees who got bonuses, and has said his office is considering security concerns before deciding whether to release it.

Other investigators are also looking into the bonuses, and the swaps deals. A staffer for the House Oversight committee told TPMmuckraker earlier this week that the committee planned to soon probe the question of who at AIG knew about how the swaps were being conducted.

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Topics: AIG, Andrew Cuomo, Financial Crisis, House Oversight, Wall Street

AIG

Cuomo: Most AIG Bonus Money Went To Foreigners

Zachary Roth | March 23, 2009, 6:39PM

Nine of the top ten AIG bonus recipients have given back the payouts, according to Andrew Cuomo, the New York Attorney General who is probing the issue.

Cuomo also said, on a conference call this afternoon, that 15 of the top 20 bonus recipients from the firm's financial products unit, which is at the center of the bonus furor after causing the company's collapse last year, have returned their awards.

But he added something else that may wind up being less exculpatory for AIG: 47 percent of the $165 million in retention bonuses was awarded to Americans, he said, declaring that he expected to get that money back. That means 53 percent -- around $87 million -- of taxpayer money went to foreigners, and is unlikely to be recouped.

Cuomo said he didn't think it would be in the public interest to release the names of those who gave back the bonuses, and that his office is still assessing the risks of releasing any names at all.

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Topics: AIG, Andrew Cuomo, Financial Crisis, Wall Street

AIG

Connecticut AG Subpoenas AIGers For Testimony On Bonuses

Zachary Roth | March 20, 2009, 5:58PM

This could be good.

Not content with letting New York Attorney General Andrew Cuomo hog the spotlight, his Connecticut counterpart, Richard Blumenthal, has subpoenaed several AIG employees, incluing CEO Ed Liddy, to testify about those bonuses, totaling $165 million, at a legislative hearing March 26th.

Said Blumenthal in a statement:

Now living off supersized taxpayer-paid bonuses, these AIG employees have a moral and legal obligation to appear at this legislative hearing and disclose details about corporate compensation to employees," said Blumenthal in a written statement.

AIG Financial Products, the unit that caused the company's collapse and got those bonuses, is absed in Wilton, Connecticut.

These hearings should be more good theater, but it's worth asking: given that Liddy has already testified, and Cuomo will likely soon release the names of the bonus recipients, what more pertinent information will AIG employees be able to provide? Guess we'll find out...

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Topics: AIG, Andrew Cuomo, Financial Crisis, Wall Street

AIG

Cuomo Has Names Of AIG And Merrill Bonus Recipients

Zachary Roth | March 20, 2009, 4:13PM

It looks like Andrew Cuomo holds all the cards. He now has in hand the names of the recipients of both of the corporate payouts that have provoked all that populist rage lately.

A judge earlier this week ruled that Bank of America had to turn over the list of names of the 200 highest-paid Merrill Lynch bonus recipients, that the New York Attorney General has been seeking. According to reports, B of A, which now owns Merrill, did so yesterday.

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Topics: AIG, Andrew Cuomo, Bank of America, Financial Crisis, Merrill Lynch, Wall Street

AIG

AIG Gives Names Of Bonus Recipients To Cuomo

Zachary Roth | March 19, 2009, 4:50PM

New York Attorney General Andrew Cuomo has received the names of the AIGers who got bonuses, and is weighing whether to release those names, his office has announced.

Cuomo had subpoenaed AIG for the names. Yesterday, the firm's CEO, Ed Liddy, declined to tell Congress he would cooperate with the subpoena, citing concerns about the safety of employees whose names were released.

Cuomo's full statement follows after the jump....

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Topics: AIG, Andrew Cuomo, Financial Crisis, Wall Street

AIG

Cuomo: I'll Release Names Of AIG Bonus Recipients

Zachary Roth | March 19, 2009, 10:23AM

It hasn't gotten much attention, but New York Attorney General Andrew Cuomo said yesterday that he'd publicly release the names of the AIG bonus recipients, reports the New York Times.

Cuomo is investigating the payouts, as well as those made by Merrill Lynch and several other Wall Street firms. He issued a subpoena for the AIG names earlier this week.

His declaration followed the news that a court has ruled that Bank of America, which owns Merrill, must give him the names of the Merrill recipients. That ruling suggests that Cuomo will likely also get the AIG names. AIG lawyers had referred frequently to the Merrill case this week, and had delayed giving Cuomo the names pending the outcome of that case.

Yesterday, AIG CEO Edward Liddy declined to assure Congress he would cooperate fully with Cuomo's probe, citing concern for the physical safety of employees who received bonuses, were their names to be made public.

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Topics: AIG, Andrew Cuomo, Bank of America, Financial Crisis, Merrill Lynch, Wall Street

AIG

Seventy-Three AIG-ers Got More Than $1 Million Each In Bonuses

Zachary Roth | March 17, 2009, 1:54PM

We're learning a bit more about the breakdown of those AIG bonuses -- thanks to New York Attorney General Andrew Cuomo.

In a letter sent to House Financial Services chair Barney Frank, Cuomo, who is probing the awards, wrote that seventy-three members of AIG's financial products unit were paid more than $1 million each.

And get this: Though the payments were called "retention" bonuses, 11 of those 73 millionaires, including one who got $4.6 million, are no longer even at AIG.

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Topics: AIG, Andrew Cuomo, Financial Crisis, Wall Street

Bank of America

B of A: We Care About Privacy (When It Comes To Bonuses, That Is)

Zachary Roth | March 13, 2009, 11:47AM

The judge who will decide whether information about those Merrill Lynch bonuses should be made public has said he'll make a decision within the week, Bloomberg reports.

New York Attorney General Andrew Cuomo is investigating the bonus awards, which reportedly total $3-4 billion. Bank of America, which now owns Merrill Lynch, has refused to disclose to Cuomo which Merrill employees received the awards, and how much each got.

But we particularly liked this argument from B of A's lawyer, Evan Davis, made to Judge Bernard Fried:

Americans care about their privacy. That matters to us because if we don't try to protect it and succeed in protecting it we'll lose them to foreign banks.

Aah yes, Bank of America: famed protector of privacy. When the subject is executive bonuses, that may be true. When its customers' personal information, maybe not so much.

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Topics: Andrew Cuomo, Bailout, Bank of America, John Thain, Ken Lewis, Merrill Lynch, Wall Street

Andrew Cuomo

Cuomo: Merrill Misled Congress On Bonuses

Zachary Roth | March 12, 2009, 11:18AM

It looks like Andrew Cuomo has escalated things in the Merrill Lynch bonus probe.

Cuomo is now accusing the firm of misleading Congress on the matter. In a court filing made yesterday, according to the Wall Street Journal, Cuomo included a November 24th letter, sent by Merrill to a House oversight committee, assuring lawmakers that no decisions on yearly bonuses had yet been made. Cuomo also filed testimony from a Merrill director, saying that on November 11th, the firm's compensation committee had decided that Merrill would pay bonuses in December, rather than January, when bonuses were usually paid (and when the firm would be under the control of Bank of America.)

Cuomo is trying to convince a judge to force Bank of America to disclose information about who got the bonuses -- which the company has so far been refusing to do.

The House Oversight committee, chaired at the time by Rep. Henry Waxman (D-CA), had asked Merrill for information on the bonuses, as part of an effort to ensure that the firm wasn't using bailout money for compensation.

There's another interesting nugget in the Journal's report:

Mr. Cuomo also disclosed that John Thain, Merrill's chairman and chief executive, was told that he would lose any chance of succeeding Kenneth Lewis as CEO of Bank of America if Mr. Thain kept pressing Merrill directors last fall for a 2008 bonus of as much as $40 million.

"He was told very strongly that you should not do that; that you would damage yourself with the Bank of America board if you do that, and if you ever wanted a chance to be in the running for my job, then that would eliminate it," Mr. Lewis said in his testimony last month, according to the filing.

Thain soon lost his chance to succeed Lewis anyway, as he was ousted in mid January amid anger over the bonuses and Merrill's massive fourth quarter losses.

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Topics: Andrew Cuomo, Bailout, Bank of America, John Thain, Merrill Lynch, Wall Street

Andrew Cuomo

Cuomo Subpoenas More Of Merrill's Top Earners

Zachary Roth | March 5, 2009, 1:45PM

Yesterday, we noted a report in the Wall Street Journal that Merrill Lynch's top ten execs were each paid more than $10 million last year. The ten made slightly more than the top ten earners for 2007, despite the company's collapse last year.

Now, the Journal follows up by reporting that several of those execs have been subpoenaed in New York Attorney General Andrew Cuomo's investigation into Merrill's awarding of billions in bonuses.

Among the group are Andrea Orcel, who was Merrill's top investment banker, Thomas Montag, who led global sales and trading, and Peter Kraus, who ran strategy. They all now work at Bank of America, which took over Merrill after its collapse.

Another of the top ten, former Merrill CEO John Thain, has already spoken to Cuomo's investigators.

Bank of America, whose role in the bonus fiasco is also being scrutinized by Cuomo, filed a court petition yesterday to try to keep the pay information secret. B of A CEO Ken Lewis reportedly refused to answer investigators' questions on the subject when he met with them last week.