Tuesday, May 21, 2013
Facebook Connect
 
This Week's SFR Picks
 
— The Radness of King George
'Game of Thrones' mastermind George RR Martin talks childhood, popcorn and his latest acquisition
— Slaughterhorse-Five
The inner workings of NM’s first equine slaughterhouse
— The Canary in the Copper Mine (is dead)
How New Mexico's copper industry wrote its own rules
Guides Santa Fe Manual Restaurant Guide Best of Santa Fe Bar & Nightlife Summer Arts

Letter America: Dear Southwest Airlines

Letter America Dear Southwest Airlines, I’m writing to complain about the unfair way I was treated on a recent flight from San Francisco to Phoenix. ... More

May 20, 2013 By Robert Wilder Comments 3
 
 
 

 

 
News 11.01.2011 1 Comments

Malott Sues Former State Investment Officer, Others

By Alexa Schirtzinger
BRUCEMALOTT

Today, former Educational Retirement Board Chairman Bruce Malott sued several former state investment officers, alleging a "complex web of corruption" resulting in "illegal payoffs totaling far in excess of...$100 Million."

According to a press release, Malott's 64-page filing details "a vast conspiracy that included international financial giant Deutsche Bank, New Mexico State Investment Officer Gary Bland and former Wall Street Analyst Anthony Correra among others."

"I was victimized by these people," Malott's press statement reads.

The complaint details his side of the story, claiming that while Malott honorably reaped "remarkable financial gains" for the state, Bland, Correra and others "corrupted the [ERB] Fund's investment process for their own selfish interests."

It's a new approach for Malott, who has been named in several pay-to-play lawsuits--including the high-profile case brought by whistleblower Frank Foy. In September 2010, he resigned from the ERB after news surfaced of a loan Malott accepted from Anthony Correra, a Richardson insider named in the current lawsuit.

Malott's troubles didn't end there. In January, Malott's former accounting firm, Meyners & Co (which for years had audited the sometimes scandal-plagued NM Department of Health) shuttered its doors.

Then, in July, more bad press: Malott, who was former Gov. Bill Richardson's campaign treasurer, had also served as Attorney General Gary King's treasurer in his 2004 campaign attempt at a Congressional seat. The hitch: Malott's signature remained on King's campaign forms through 2010.

Read the full lawsuit below.

 
  • Currently 3.5/5 Stars.
  • 1
  • 2
  • 3
  • 4
  • 5
 
 
 
11.03.2011 at 08:02 | Reply |

Haven't read all of the case, but a couple of observations:

If Malott is certified in forensic accounting, he knows how to look for fraud.  He was deceived, didn't do his job.  Oopsie.

Correra, Sr. "took advantage" of Malott due to the illness of Malott's father, and Malott found out Correra was not his "friend".   How are the affairs of ERB and Malott's father related?  Malott was acting in a fiduciary role to ERB and there is no relationship between his personal life and his acts with ERB.  Whether Carrera, Sr. and Malott are "friends" is completely irrelevant to the affairs of ERB and their duty thereto.  You do your job first, and if personal events overwhelm your ability to act in good faith as a fiduciary, you resign as a fiduciary.  That is part of being a CPA.   

A basic failure was the widening of investment opportunities which Malott proposed for ERB.  The fallacy that because a "strategically invested" pension fund has billions and therefore should play in real estate and hedge fund bets has bit a number of pension funds who saw huge gains in the real estate bubble and wanted a piece of them to make themselves look good and savvy.   They got into limited partnerships with no control, and investment deals they had at best a hazy understanding of. 

Part of the drive to show great returns on investment is how GASB permits far greater rate of return assumptions than were permitted for private sector pension plans (which led to the overall demise of defined benefit retirement plans in the private sector).

The assumption of 8% or higher investment returns meant current funding contributions and the impact of salary increases were minimized in the current budgeting cycle. 

 This fallacy is coming home now in lots of places.  It is no wonder why public sector salaries are higher, for equivalent jobs, than private sector.  A private sector company on the same curve of salary increase would not have survived.  Governments, however, have taxpayers, who can be relieved of their money or lose their house, their business, whatever the government wants.  It isn't theft, it's taxation.      

Pension funds are supposed to be there for the beneficiaries, not be investment gurus.  The restrictions on ERB investments was there for a real, fiduciary purpose, to protect retirees. 

As was the case for a lot of funds, the ERB wanted to look good instead of fulfill the basic mission, to play the big game...they got billions and need to be "strategic".  and the taxpayer can make up the difference if things turn to poo. 

Malott wants credit for the benefits of the financial bubble and falsehood, but no blame for sticking ERB's nose into terrain it shouldn't have explored. 

Clearly, to the extent schemes for fraud and unjust enrichment that have led to convictions in other states should be evaluated as they relate to NM. 

   

 

 
 
Close
Close
Close