“A Pension Jackpot For Wall Street”: A Vicious Cycle Whereby The Financial Industry Wins And Taxpayers, Once Again, Lose
Most consumers understand that when you pay an above-market premium, you shouldn’t expect to get a below-average product. Why, then, is this principle often ignored when it comes to managing billions of dollars in public pension systems?
This is one of the most significant questions facing states and cities as they struggle to meet their contractual obligations to public employees. In recent years, public officials have shifted more of those workers’ pension money into private equity, hedge funds, venture capital and other so-called “alternative investments.” In all, the National Association of State Retirement Administrators reports that roughly a quarter of all pension funds are now in these “alternative investments” — a tripling in just 12 years.
Those investments are managed by private financial firms, which charge special fees that pension systems do not pay when they invest in stock index funds and bonds. The idea is that paying those fees — which can cost hundreds of millions of dollars a year — will be worth it, because the alternative investments will supposedly deliver higher returns than low-fee stock index funds like the S&P 500.
Unfortunately, while these alternative investments have delivered a fee jackpot to Wall Street firms, they have often delivered poor returns, meaning the public is paying a premium for a subpar product.
In New Jersey, for example, the state’s alternative investment portfolio has trailed the stock market in seven out of the last eight years, while costing taxpayers almost $400 million a year in fees. Had the state followed the advice of investors like Warren Buffett and instead invested its alternative portfolio in a low-fee S&P 500 index fund, New Jersey would have had more than $5 billion more in its pension fund. In all, as New Jersey plowed more pension money into alternatives, its pension returns have routinely trailed median returns for all public pension systems.
It is the same story in other states that have been increasing their alternative investments.
In Rhode Island, Democratic state treasurer Gina Raimondo’s shift of pension money into alternatives has coincided with the pension system trailing median returns. Had the state generated median returns, it would have had $372 million more in its pension system.
Likewise, a Maryland Public Policy Institute study shows that returns from that state’s $40 billion pension system have trailed the median for the last decade. Had the state met the median, it would have $3.2 billion more in its pension system — an amount the study’s authors note is enough to “award 80,000 poor children with $40,000 four-year college scholarships.”
It is a similar tale in North Carolina, Kentucky and many other locales. In short, public officials are spending more and more pension money on high-fee alternative investments, and those investments are generating worse returns than other low-fee investment vehicles.
That brings back the original question: Why are pension funds pursuing such an investment strategy? Some of the answer may have to do with the same psychology that encourages the gambler to try to big-bet his way out of deficits. But it also may have to do with campaign contributions. After all, many of the politicians who have been pushing the alternative investments just so happen to benefit from Wall Street’s campaign contributions.
That spotlights a pernicious dynamic that may be at work: The more public money that goes into alternative investments, the more fees alternative investment firms generate, the more campaign contributions are made by those firms, and thus the more money politicians devote to alternative investments, even as those investments deliver poor results for pensioners. It is a vicious cycle whereby the financial industry wins and taxpayers, once again, lose.
By: David Sirota, Senior Writer at the International Business Times; The National Memo, September 26, 2014
“The Tea Party Was Right About Eric Cantor”: His Job In Congress Was About Doing And Receiving Favors
When former House Majority Leader Eric Cantor lost his primary, establishment Washington gasped and cried out with surprise. But when he took a job on Wall Street? No. Surprise. At. All.
Let’s think about this for a minute. It appears as though the establishment-types know Cantor pretty well. He’s got friends on Wall Street, and this is the natural course of events in the world of cronies and insiders. Republicans and Democrats have both availed themselves of the revolving door between Wall Street and Washington. No surprise, no big deal.
What insiders don’t know very well is outsiders. To insiders, the unnatural thing — the big deal — was an incumbent losing. Silly outsiders, a.k.a. voters! Didn’t they know that Wall Street and fancy Washington lobbyists just love this guy?
Oh, wait, yes, the silly voters did know. It’s one of the reasons they broke up with Mr. Cantor. He preferred the cool kids to his own constituents and they knew it, so they voted for someone else.
The Cantor-Goes-to-Wall-Street ending to the story was excruciatingly predictable, but it may have some unexpected outcomes in that it could encourage tea-party types to dig in deeper.
You see, when he accepted this job, Cantor proved that his constituents were right. He was out of touch with folks at home, but very much in touch with the rich and powerful in New York. Anyone who can land a job this lucrative in a field where they have zero experience must be getting the job for, ahem, different reasons. It’s about being friends, about doing and receiving favors. Voters understand this, and those who already think Wall Street and Washington are thick as thieves just got their best proof yet.
I suspect that Cantor’s friends inside the Beltway are very happy for him. They may even be thinking, “Good for Eric. The best revenge is living well!” They may secretly think that those silly voters in Virginia will be jealous of their former congressman’s new income, which will be 26 times bigger than their average household income.
But I doubt there is any jealousy at all. I’m guessing the feeling of those who voted against Cantor is more along the lines of: “Good. He’ll be much happier with his friends in New York City and downtown Washington than he was with us here in Virginia.”
The fruition of predictable events can be comforting, but it can also cement convictions. So for those Washingtonians who are toasting Cantor’s success this week, I have a word of caution: Your buddy Eric just proved to the anti-establishment, tea-party types that firing him was a good decision. Other members of Congress in the Cantor mold will not be well served by this. Perhaps that’s why Cantor waited until primary season was safely over before proving his constituents right.
By: Jean Card, Thomas Jefferson Street Blog, U. S. News and World Report, September 4, 2014
“Paying Back Campaign Donors”: Whose Presidential Campaign Will Your Pension Finance?
Wall Street is one of the biggest sources of funding for presidential campaigns, and many of the Republican Party’s potential 2016 contenders are governors, from Chris Christie of New Jersey and Rick Perry of Texas to Bobby Jindal of Louisiana and Scott Walker of Wisconsin. And so, last week, the GOP filed a federal lawsuit aimed at overturning the pay-to-play law that bars those governors from raising campaign money from Wall Street executives who manage their states’ pension funds.
In the case, New York and Tennessee’s Republican parties are represented by two former Bush administration officials, one of whose firms just won the Supreme Court case invalidating campaign contribution limits on large donors. In their complaint, the parties argue that people managing state pension money have a First Amendment right to make large donations to state officials who award those lucrative money management contracts.
With the $3 trillion public pension system controlled by elected officials now generating billions of dollars worth of annual management fees for Wall Street, Securities and Exchange Commission (SEC) regulators originally passed the rule to make sure retirees’ money wasn’t being handed out based on politicians’ desire to pay back their campaign donors.
“Elected officials who allow political contributions to play a role in the management of these assets and who use these assets to reward contributors violate the public trust,” says the preamble of the rule, which restricts not only campaign donations directly to state officials, but also contributions to political parties.
In the complaint aiming to overturn that rule, the GOP plaintiffs argue that the SEC does not have the campaign finance expertise to properly enforce the rule. The complaint further argues that the rule itself creates an “impermissible choice” between “exercising a First Amendment right and retaining the ability to engage in professional activities.” The existing rule could limit governors’ ability to raise money from Wall Street in any presidential race.
In an interview with Bloomberg Businessweek, a spokesman for one of the Republican plaintiffs suggested that in order to compete for campaign resources, his party’s elected officials need to be able to raise money from the Wall Street managers who receive contracts from those officials.
“We see (the current SEC rule) as something that has been a great detriment to our ability to help out candidates,” said Jason Weingarten of the Republican Party of New York—the state whose pay-to-play pension scandal in 2010 originally prompted the SEC rule.
The suit comes only a few weeks after the SEC issued its first fines under the rule—against a firm whose executives made campaign donations to Pennsylvania Gov. Tom Corbett, a Republican, and Philadelphia Mayor Michael Nutter, a Democrat. The company in question was managing Pennsylvania and Philadelphia pension money. In a statement on that case, the SEC promised more enforcement of the pay-to-play rule in the future.
“We will use all available enforcement tools to ensure that public pension funds are protected from any potential corrupting influences,” said Andrew Ceresney, director of the SEC Enforcement Division. “As we have done with broker-dealers, we will hold investment advisers strictly liable for pay-to-play violations.”
The GOP lawsuit aims to stop that promise from becoming a reality. In predicating that suit on a First Amendment argument, those Republicans are forwarding a disturbing legal theory: Essentially, they are arguing that Wall Street has a constitutional right to influence politicians and the investment decisions those politicians make on behalf of pensioners.
If that theory is upheld by the courts, it will no doubt help Republican presidential candidates raise lots of financial-industry cash—but it could also mean that public pension contracts will now be for sale to the highest bidder.
By: David Sirota, Senior Editor, In These Times, August 15, 2014
“Is Corruption A Constitutional Right?”: Public Pension Contracts Would Be For Sale To The Highest Bidder
Wall Street is one of the biggest sources of funding for presidential campaigns, and many of the Republican Party’s potential 2016 contenders are governors, from Chris Christie of New Jersey and Rick Perry of Texas to Bobby Jindal of Louisiana and Scott Walker of Wisconsin. And so, last week, the GOP filed a federal lawsuit aimed at overturning the pay-to-play law that bars those governors from raising campaign money from Wall Street executives who manage their states’ pension funds.
In the case, New York and Tennessee’s Republican parties are represented by two former Bush administration officials, one of whose firms just won the Supreme Court case invalidating campaign contribution limits on large donors. In their complaint, the parties argue that people managing state pension money have a First Amendment right to make large donations to state officials who award those lucrative money management contracts.
With the $3 trillion public pension system controlled by elected officials now generating billions of dollars worth of annual management fees for Wall Street, Securities and Exchange Commission regulators originally passed the rule to make sure retirees’ money wasn’t being handed out based on politicians’ desire to pay back their campaign donors.
“Elected officials who allow political contributions to play a role in the management of these assets and who use these assets to reward contributors violate the public trust,” says the preamble of the rule, which restricts not only campaign donations directly to state officials, but also contributions to political parties.
In the complaint aiming to overturn that rule, the GOP plaintiffs argue that the SEC does not have the campaign finance expertise to properly enforce the rule. The complaint further argues that the rule itself creates an “impermissible choice” between “exercising a First Amendment right and retaining the ability to engage in professional activities.” The existing rule could limit governors’ ability to raise money from Wall Street in any presidential race.
In an interview with Bloomberg Businessweek, a spokesman for one of the Republican plaintiffs suggested that in order to compete for campaign resources, his party’s elected officials need to be able to raise money from the Wall Street managers who receive contracts from those officials.
“We see [the current SEC rule] as something that has been a great detriment to our ability to help out candidates,” said Jason Weingarten of the Republican Party of New York — the state whose pay-to-play pension scandal in 2010 originally prompted the SEC rule.
The suit comes only a few weeks after the SEC issued its first fines under the rule — against a firm whose executives made campaign donations to Pennsylvania governor Tom Corbett, a Republican, and Philadelphia mayor Michael Nutter, a Democrat. The company in question was managing Pennsylvania and Philadelphia pension money. In a statement on that case, the SEC promised more enforcement of the pay-to-play rule in the future.
“We will use all available enforcement tools to ensure that public pension funds are protected from any potential corrupting influences,” said Andrew Ceresney, director of the SEC Enforcement Division. “As we have done with broker-dealers, we will hold investment advisers strictly liable for pay-to-play violations.”
The GOP lawsuit aims to stop that promise from becoming a reality. In predicating that suit on a First Amendment argument, those Republicans are forwarding a disturbing legal theory: Essentially, they are arguing that Wall Street has a constitutional right to influence politicians and the investment decisions those politicians make on behalf of pensioners.
If that theory is upheld by the courts, it will no doubt help Republican presidential candidates raise lots of financial-industry cash — but it could also mean that public pension contracts will now be for sale to the highest bidder.
By: David Sirota, Staff Writer at PandoDaily; The National Memo, August 15, 2014
“An Incongruous Spectacle”: Dave Brat’s Win Over Eric Cantor Exposed The Unholy Tea Party-Wall Street Alliance
The Tea Party wave that built around the country in 2009 and 2010 was fueled by many things—resentment over foolhardy homeowners getting mortgage relief, backlash against the Affordable Care Act, and anxiety over federal spending. But if its rhetoric was to be believed, the movement was also driven by a healthy dose of old-fashioned anti-Wall Street populism—anger over the TARP bailouts, the AIG bonuses, the Obama administration’s failure to prosecute any of the bankers who’d brought us close to ruin.
Something funny happened, though, as the pitchforks made their way to confront the money changers at the temple: Wall Street and big business co-opted them. It turned out that some elements of the Tea Party movement were much more opposed to Obama than they were to self-dealing CEOs and bankers, and perfectly willing to join with the latter to fight the former. This quickly produced the confounding spectacle of a purportedly populist uprising that was working hand in hand, and in many cases funded by, the business elite. And the nexus for this alliance was the Republican leadership in Congress. When Republicans were trying to block the Dodd-Frank financial reform bill, they took Frank Luntz’s devious advice to label the bill a “bailout” for the banks—deploying Tea Party rhetoric to attack a bill that was in fact bitterly opposed by the bailed-out banks. In recognition of this effort, Wall Street in 2010 swung its campaign spending sharply toward GOP candidates, including many running under the Tea Party banner.
And when the Tea Party wave reached Washington, after the Republican rout in the midterm elections, who put himself forward as the new arrivals’ standard bearer within the House leadership? None other than Eric Cantor—the top recipient of financial industry money in Congress, the longtime protector of one of the most notorious Wall Street favors of all, the tax loophole for the carried-interest income of private-equity and hedge-fund managers. It was an incongruous spectacle, but so muddled had the right’s populism become by that point that the opportunistic Cantor was able to brazen his way through it. It was he who goaded the insurgent congressmen to make the raising of the debt-ceiling limit in June of 2011 their big stand against Obama: “I’m asking you to look at a potential increase in the debt limit as a leverage moment when the White House and President Obama will have to deal with us,” Cantor told the rank-and-file in a closed-door meeting in Baltimore in January 2011. It was he who undermined Speaker John Boehner’s effort to reach a grand bargain with Obama to pull the nation back from the brink, by riling up rank-and-file conservatives against the deal. It was a brilliant display: in one fell swoop, Cantor was able to protect the financiers’ carried-interest loophole (which Obama sought to close as part of the deal) at the same very time as he was serving as the champion of the Tea Party insurgents.
Now, Cantor’s game is up. Many, such as my colleague John Judis and the New Yorker’s Ryan Lizza, have already noted the right-wing populism in the rhetoric of Dave Brat, the economics professor who upset Cantor in Tuesday’s primary. But what is particularly significant about Brat’s victory is that he deployed this populism against the very man who had perfected the art of faking it. “All the investment banks in New York and D.C.—those guys should have gone to jail,” Brat said at one Tea Party rally last month. “Instead of going to jail, they went on Eric’s Rolodex, and they are sending him big checks.” Liberals have for some time now been decrying Cantor’s hypocrisy in posing as the tribune of the common man, but here was a fellow Republican calling it out (without, it should be noted, the assistance of any of the self-appointed Tea Party organizations that have been so willing to make common cause with their anti-Obama allies on Wall Street). Yes, some conservatives have for the past few years been making noise about “crony capitalism,” but somehow their examples of this scourge most often tended to be Democratic-inflected rackets, such as the failed solar energy company Solyndra, rather than Republican-tinted ones such as, say, the private lenders who were making a killing acting as taxpayer-subsidized middle-men in the student loan market.
This is why we should be grateful for Dave Brat, beyond the schadenfreude of seeing a widely disliked congressional leader brought low. Yes, Brat’s win will add new kindling to the Tea Party cause just as some were declaring it burned out, thus further reducing the odds of legislative progress in areas such as immigration reform. But his win has, at least momentarily, also brought some clarity and integrity to the insurgency. Here was anti-Wall Street populism in its pure form: aimed, for once, at the right target.
By: Alec MacGinnis, The New Republic, June 12, 2014