No End in Sight For PA Fund Audit Battles

May 21, 2003 (PLANSPONSOR.com) - The bitter cat fight over who should investigate why two state of Pennsylvania public pension funds lost about $20 billion in 2002 continues with no apparent end in sight.

The battle is being waged while public pension officials around the country struggle to cope with billions of dollars lost in the bear market, according to a Dow Jones report. It has been complete with rebuffed subpoenas, a court challenge, political posturing, intervention by the state attorney general, and pleas to the Pennsylvania legislature by retired teachers.

“In my memory, there’s never been another situation where funds have this type of disagreement and have made it a major issue,” Glenda Chambers, executive director of the National Association of State Retirement Administrators, told Dow Jones.

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The funds are the Public School Employees’ Retirement System and the State Employees’ Retirement System, now worth a total of about $60 billion. Though the state auditor reviews their financial statements annually, they haven’t undergone a comprehensive review for 25 years, according to State Auditor General Robert Casey Jr.

Casey, a Democrat, says he wants to take a close look at how the pensions are managed, and scrutinize the 150 outside firms that are paid a total of $250 million to manage the funds’ investments. He is interested in how the funds select money managers and how the managers are monitored.

“We want to know did you have procedure for selecting them,” Casey told Dow Jones in an interview. “Even if you did follow the correct procedure, did you monitor them when the fund started suffering terrible losses, or did you just keep paying them and let them do what they wanted?”

Opposing Casey is State Treasurer Barbara Hafer, who wants to hire an outside auditor for the performance review. Hafer, a Republican who formerly held the state auditor general post, also sits on the board of both pension funds.

The fight flared up last November, after the funds and the state auditor held negotiations about a possible performance review. The treasurer said she wanted an outside firm to do the audit, and Casey responded by issuing subpoenas for documents. The funds failed to comply and hired a private lawyer to fight the state auditor. That’s when Casey took the matter to Commonwealth Court, where it now rests.

Earlier this month, the state attorney general ruled that a contract the funds had made for the review with the outside firm Independent Fiduciary Services Inc. wasn’t valid. A state court is scheduled to take up the matter of who has audit authority later this year.

Meanwhile, some Pennsylvania educators have decided that enough is enough. The Pennsylvania Association of School Retirees, which represents about 40,000 retired Pennsylvania school employees, earlier this month lobbied lawmakers to intervene in the situation.

In a letter, the group asked whether anyone “really believes that the boards of the retirement systems, which collectively manage over $60 billion in funds contributed by the members and taxpayers of Pennsylvania, should be empowered to manage those assets free from scrutiny by any outside entity?”

Ex-Goldman Economist Sentenced in 30-Year Bond Leak Case

April 9, 2004 (PLANSPONSOR.com) - Former Goldman Sachs & Co economist John Youngdahl has been sentenced to nearly three years in prison for his part in the leak of information about the discontinuation of the 30-year bond.

For releasing the inside information eight minutes earlier, Youngdahl was given two years and nine months in prison — the lightest term possible under federal guidelines – in connection to his plea of guilty to wire fraud, securities fraud and other charges.   Prior to U.S. District Judge Denise Cote’s announcement of the sentence, Youngdahl apologized for hurting his friends, family and colleagues, according to an Associated Press report.

Youngdahl already agreed to pay $240,000 to settle Securities and Exchange Commission (SEC) charges in November.   He must report to prison to serve out his sentence on May 21.

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The illicit actions occurred on October 31, 2001, the day the U.S. Treasury department was to announce the discontinuation of sales of the 30-year Treasury bond.   Even though Treasury officials set a strict 10 a.m. embargo on the release of the information, at 9:35 a.m., a consultant hired by Goldman who had attended the Treasury news conference passed the information to Youngdahl, who relayed it to a Goldman trader.

Eight minutes later, the announcement was inadvertently posted by the Treasury Department, which triggered the largest single-day rally in the long-term bond since the stock market crash of October 1987.   During the eight-minute lapse, Goldman bought $84 million in 30-year bonds and $233 million in bond futures contracts — deals that led to $3.8 million in profits when the bonds and futures were sold later. The firm has since agreed to pay $9.3 million to settle SEC charges related to the illegal bond trading.

Initially, Youngdahl denied any wrongdoing, but he reversed his stance in a deal struck with prosecutors who dropped charges of with perjury and lying to the government.

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