Arizona Public-Safety Pension Cleared of Wrongdoing in Federal Criminal Investigation

The Arizona Public Safety Personnel Retirement System has been cleared of any wrongdoing as federal officials close an investigation into the fund’s real estate valuations.

The U.S. Attorney’s Office and the FBI were investigating whether fund staff inflated real estate values to trigger bonuses.

More from the Arizona Republic:

“Based upon our joint investigation with the FBI, at this time we do not believe that PSPRS committed any criminal misconduct,” U.S. Attorney Elizabeth Strange wrote in a letter to the pension system. “This office takes no position on civil or administrative liability, however, as our review focused exclusively on whether PSPRS engaged in criminal conduct in violation of federal law.”

Trust officials, including PSPRS Chairman Brian Tobin, said during a news conference Monday at the organization’s headquarters in central Phoenix that they were vindicated.

“We knew we were innocent of any wrongdoing,” said Tobin, flanked by junior-member PSPRS staff. “We kept our heads down and focused on the work and … the outcome we believed would come did. … We, this agency, our board, this staff have done nothing wrong.”

The leader of a police organization who called for the inquiry noted, however, that it was unclear whether individuals at PSPRS had been exonerated.

The investigation began after four high-ranking employees quit in protest last year over how PSPRS was reporting the values of trust real-estate assets managed by Scottsdale-based Desert Troon. The 13,000-member Arizona Police Association responded last fall by calling for a criminal investigation.

Virginia Senator Introduces Bill That Would Curb Pensions of Lawmakers Who Leave For Other State Jobs

Virginia State Capitol

In Virginia, long-time lawmakers can boost their pensions dramatically by stepping down from the House or Senate in favor of another state job.

A state senator has drafted a bill that would limit the pension boost received by lawmakers who use this tactic.

Details of the bill from the Roanoke Times:

Quitting the Virginia House or Senate for a state job can sharply boost a legislator’s retirement benefits, and state Sen. David Marsden would like to change that.

Marsden, D-Fairfax, has introduced a bill meant to make trading elective office for state employment less of a financial windfall. Legislators who step down in the middle of their terms to take state jobs would still see their pension benefits grow, but more slowly than they do now.

“I think it rubs people the wrong way that somebody gets appointed for political purposes and then hits this bonanza,” he said. “Your retirement should be rewarded, but not with such an amazing windfall.”

State senators and delegates earn about $18,000 a year in positions that are considered part-time, but which count as full time in the state retirement system. Legislators who serve 30 or more years are eligible for the state’s full pension benefit, which is about half their annual salary — about $9,000 a year.

That figure balloons if the legislator takes a high-paying state job, since pension benefits are based on an average of the employee’s last three years of service, or five years for employees who began after this past Jan. 1. A long-serving legislator who puts in three years in a $100,000-a-year job would then receive an annual pension of about $50,000 a year.

Under Marsden’s bill, the pension benefit would be based on an average of 10 years’ salary for anyone who sees a dramatic spike in salary — exceeding 400 percent — in the last four years of service.

The bill hasn’t come out of nowhere. The FBI is currently investigating a Virginia lawmaker who did exactly what the bill aims to prevent: quit his post mid-term in favor of a high-paying state job. From the Roanoke Times:

Marsden proposed the legislation at a time when the FBI is investigating a state senator who quit in June amid job talks, and as state lawmakers prepare to tighten the state’s ethics laws in response to the conviction in September of former Gov. Robert McDonnell and his wife, Maureen, on federal corruption charges.

Phillip Puckett, D-Russell County, abruptly resigned the evenly divided state Senate in June with plans to take a high-paying job with the Republican-controlled state tobacco commission. His exit handed control of the chamber to the GOP in the middle of a standoff over Medicaid expansion. Democrats cried foul, and the FBI launched an investigation. Puckett said there was no quid pro quo and, amid the uproar, withdrew his name from consideration for the tobacco commission post.

In 1997, then-Gov. James Gilmore III, a Republican, named a Democratic state senator from Loudoun County, Charles Waddell, his deputy transportation secretary, a move that gave the GOP control of the Senate. Gilmore also appointed a Democrat to head the Department of Conservation and Recreation, creating an opening for a Republican to win a seat in the House.

Virginia Gov. Terry McAuliffe hasn’t taken a position on the bill.

 

Photo by Anderskev – Own work. Licensed under Creative Commons Attribution 3.0 via Wikimedia Commons

Arizona Taxpayers To Foot Legal Bills For 4 Ex-Pension Employees

Arizona sign

Four ex-employees of the Arizona Public Safety Personnel Retirement System are being sued by a real estate investment firm for “defaming” the firm by raising questions about how it values assets.

The lawsuit is private, but the legal costs incurred defending the ex-employees will be paid with public money, according to the Arizona Republic:

The state Department of Administration has agreed to pay the private legal tabs of four former high-ranking employees of the Public Safety Personnel Retirement System who are being sued by Scottsdale-based Desert Troon, a real estate partner with the trust that manages some pension fund assets.

The four ex-employees have raised questions about the valuation of the real-estate assets managed by Troon. Troon has in turn accused the four former PSPRS employees in a lawsuit of engaging in a post-employment conspiracy to defame and falsely disparage senior management at the company and the pension system.

Jeff Grant, ADOA deputy director, said the state agreed to pay for the legal defenses of the men in response to a request from their attorneys. The four are Andrew Carriker, former PSPRS in-house counsel; and ex-investment managers Anton Orlich, Mark Selfridge and Paul Corens.

Grant said the state is obligated to provide a legal defense for current or former employees when sued for “acts within the course and scope of employment.” He added that state law does not set a financial limit for a legal defense.

Grant said the state can withdraw defense funding if “facts reveal later that it is not obligated” to cover the cost.

[…]

The PSPRS employees targeted in the Desert Troon lawsuit quit last year in protest over how PSPRS was reporting the values of trust real-estate assets managed by Desert Troon. The ex-employees raised questions about whether real-estate investment values were inflated to trigger staff bonuses. Desert Troon and PSPRS have denied any wrongdoing.

The claims of inflated asset values triggered an FBI investigation, but no charges have been filed.

It isn’t the first time the pension fund’s legal costs have come under fire. Pension360 has previously covered how the fund spent nearly $2 million on outside legal advice last year despite having in-house counsel.

Hartford Treasurer Wants Pension Fund To Cover Attorney Fees Related To Federal Grand Jury Investigation

Hartford seal

Hartford Treasurer Adam Cloud has been racking up legal fees during a months-long FBI investigation into several Hartford offices, including the Treasurer’s.

Cloud sent his lawyer’s bill to the city’s pension fund—but the fund says it doesn’t have to pay. From the Hartford Courant:

Cloud submitted invoices to Hartford’s finance department requesting payment for the services from a pension account, Albert Ilg, the interim finance director, wrote in a letter to Pension Commission Chairman Peter Stevens earlier this month. Invoices show the treasurer is seeking $40,765 for the services.

“The requests include consultation regarding matters involving the Treasurer’s Office, but seem to indicate they do not involve Mr. Cloud within his role and pertaining to duties regarding the Pension Commission,” Ilg wrote. “It is my understanding the City of Hartford is already providing counsel for the treasurer in regard to the Federal Grand Jury subpoenas.”

The city hired attorney John Droney to represent Cloud in connection with a federal grand jury investigation into an insurance controversy. But Ilg said in the letter to Stevens that another attorney, William P. Beccaro of Essex, has been hired to provide services.

“To the best of my knowledge there is no other inquiry against the Pension Commission arising from the grand jury,” Ilg wrote. “As you know, the Pension Commission can only spend Pension Fund resources for legal and other matters that relate to actions by Mr. Cloud in his role as the secretary to the Pension Commission.”

The investigation involves $670,000 in insurance premiums that were sent by Cloud’s office to an insurance broker for the city. The broker, Hybrid Insurance Group, had warned city employees that their policies were in danger of cancellation if they didn’t pay.

The money was wired to Hybrid, but it has since disappeared.