{"id":34401,"date":"2022-08-02T23:56:18","date_gmt":"2022-08-02T23:56:18","guid":{"rendered":"https:\/\/cjstudents.com\/?p=34401"},"modified":"2022-08-02T23:56:18","modified_gmt":"2022-08-02T23:56:18","slug":"us-prosecutors-see-no-criminal-charge-for-psers-teacher-pension-fund","status":"publish","type":"post","link":"https:\/\/cjstudents.com\/index.php\/2022\/08\/02\/us-prosecutors-see-no-criminal-charge-for-psers-teacher-pension-fund\/","title":{"rendered":"US prosecutors see no criminal charge for PSERS teacher pension fund"},"content":{"rendered":"<p> [ad_1]<\/p>\n<div id=\"article-body\">\n<p class=\"inq-p\">Federal prosecutors have told Pennsylvania\u2019s school pension system, PSERS, that the U.S. Department of Justice has closed its <a target=\"_blank\" data-link-type=\"article-body\" href=\"https:\/\/www.inquirer.com\/business\/psers-pension-fbi-pa-probe-subpoenas-20210516.html\" rel=\"noopener\">investigation<\/a> of the $70 billion, state-funded retirement plan, board chairman Chris Santa Maria told plan members in a brief statement Tuesday.<\/p>\n<p class=\"inq-p\">\u201cWe understand from the closure of the investigation that DOJ will not be pursuing civil or criminal charges,\u201d Santa Maria told The Inquirer.<\/p>\n<p class=\"inq-p\">\u201dThe investigation has been closed,\u201d confirmed Jennifer Crandall, a spokesperson for the U.S. Attorney\u2019s office in Philadelphia. She said the office had no further comment.<\/p>\n<p class=\"inq-p\">That report removes a shadow that has hung over the agency for 15 months, as the Public School Employees\u2019 Retirement System piled up more than $6 million in outside <a target=\"_blank\" data-link-type=\"article-body\" href=\"https:\/\/www.inquirer.com\/business\/psers-investigations-legal-fees-millions-cost-investments-change-20220408.html\" rel=\"noopener\">legal defense and consulting<\/a> bills.<\/p>\n<p class=\"inq-p\">PSERS\u2019s 15-member board of state officials, legislators, teachers and school board representatives, backed by $5 billion a year from taxpayers and $1 billion in annual staff payroll deductions, approves and oversees  investments that help fund retirements for a half-million working and retired school staff.<\/p>\n<p class=\"inq-p\">Pension leaders have been distracted responding to demands by investigators for information, wondering whether the government would press charges. Citing the fund\u2019s performance over the previous decade, some trustees called for terminating its top officers, who retired while the probe was ongoing.<\/p>\n<p class=\"inq-p\"><i><b>\u00bb READ MORE: <a target=\"_blank\" data-link-type=\"interstitial\" href=\"https:\/\/www.inquirer.com\/business\/psers-teacher-pension-market-returns-20220617.html\" rel=\"noopener\">PSERS trustees brag plan is \u2018number one,\u2019 staff warns of risk ahead<\/a><\/b><\/i><\/p>\n<p class=\"inq-p\">Santa Maria and senior staffers won\u2019t say more about their reaction to the news, as long as another probe \u2014 by the federal Securities and Exchange Commission \u2014 continues: \u201cWe have no further comment at this time, as the SEC investigation remains ongoing,\u201d Santa Maria said.<\/p>\n<p class=\"inq-p\">\u201dAlthough it is good that the Department of Justice investigation did not identify any criminal wrongdoing, it is not an occasion for celebration,\u201d said state Treasurer Stacy Garrity, a PSERS trustee. \u201cWe must continue pushing for reforms to reduce investment costs and complexity\u201d and \u201cincrease transparency,\u201d so the public can have confidence in the plan, she added.<\/p>\n<p class=\"inq-p\">The Inquirer first<a target=\"_blank\" data-link-type=\"article-body\" href=\"https:\/\/www.inquirer.com\/business\/fbi-psers-subpoena-shared-risk-teachers-pension-hike-grell-carl-20210327.html\" rel=\"noopener\"> reported<\/a> the investigation in March 2021. FBI agents served subpoenas on PSERS and its top officials seeking information about possible \u201chonest services fraud\u201d at the agency.<\/p>\n<p class=\"inq-p\">The subpoenas were sent on behalf of a federal grand jury in Philadelphia, where <a target=\"_blank\" data-link-type=\"article-body\" href=\"https:\/\/www.inquirer.com\/business\/psers-grand-jury-fbi-investigation-20210410.html\" rel=\"noopener\">prosecutors <\/a>sought information on two series of events:<\/p>\n<div class=\"inq-story__body\">\n<ul>\n<li>\n<div class=\"inq-story__body\">\n<p class=\"inq-p\">The system\u2019s exaggerated investment returns for 2011-20, which PSERS later <a target=\"_blank\" href=\"https:\/\/www.inquirer.com\/business\/psers-pension-board-teachers-school-pa-fund-wolf-20210419.html\" rel=\"noopener\">revised, forcing higher pension contributions<\/a> from 100,000 mostly younger teachers<b> <\/b>to support their retirement. An internal investigation blamed errors on a <a target=\"_blank\" href=\"https:\/\/www.inquirer.com\/news\/psers-aon-hamilton-lane-teacher-sues-20210623.html\" rel=\"noopener\">consultant<\/a>,<a target=\"_blank\" href=\"https:\/\/www.inquirer.com\/business\/psers-lawsuit-aon-miscalculation-blank-rome-20220512.html\" rel=\"noopener\"> Aon<\/a>, which continues to <a target=\"_blank\" href=\"https:\/\/www.spotlightpa.org\/news\/2022\/01\/pennsylvania-school-pension-fund-womble-report\/\" rel=\"noopener\">manage<\/a> PSERS data.<\/p>\n<\/div>\n<\/li>\n<li>\n<div class=\"inq-story__body\">\n<p class=\"inq-p\">A series of <a target=\"_blank\" href=\"https:\/\/www.inquirer.com\/business\/phillydeals\/pensions-pennsylvania-teachers-public-psers-harrisburg-real-estate-20191031.html\" rel=\"noopener\">land purchase<\/a> decisions in Harrisburg, which the <a target=\"_blank\" href=\"https:\/\/www.inquirer.com\/business\/psers-pension-fund-fbi-executives-board-managers-sec-20220227.html\" rel=\"noopener\">internal review<\/a> later found were made by pension system managers who did not share information about the deals with trustees, the way they did with most investments.<\/p>\n<\/div>\n<\/li>\n<\/ul>\n<\/div>\n<p class=\"inq-p\">The news that the government is closing the file was cheered by a lawyer for Glen Grell, PSERS\u2019s former executive director, who announced his retirement last fall.<\/p>\n<p class=\"inq-p\">\u201cThe Department of Justice did the right thing,\u201d said Grell\u2019s lawyer, Marc Raspanti of Philadelphia. \u201cAs we repeatedly said, there was never a case here. My client is very pleased.\u201d Grell is retiring to Florida to be with family, Raspanti said.<\/p>\n<p class=\"inq-p\">A lawyer for chief investment officer James Grossman Jr., who also stepped down, didn\u2019t respond to a request for comment. Grossman was an architect of PSERS\u2019s strategy of relying more on private investments, which critics said <a target=\"_blank\" data-link-type=\"article-body\" href=\"https:\/\/www.inquirer.com\/business\/psers-spiller-private-alternative-non-traditional-investments-20211217.html\" rel=\"noopener\">reduced PSERS returns<\/a> compared with other funds during the long bull market in U.S. stocks. His supporters said <a target=\"_blank\" data-link-type=\"article-body\" href=\"https:\/\/www.inquirer.com\/business\/psers-teacher-pension-market-returns-20220617.html\" rel=\"noopener\">Grossman was vindicated<\/a> when the stock market fell this year. In June, Grossman gave a keynote speech on investments to the CFA Society Philadelphia\u2019s Endowment Foundation and Philanthropy Conference.<\/p>\n<p class=\"inq-p\">Some had hoped the investigation would have yielded more about how public investment decisions are made. \u201cThe industry was eagerly awaiting any additional revelations,\u201d said Ted Aronson, a veteran Philadelphia investor whose past clients included public retirement plans.<\/p>\n<p class=\"inq-p\">Last August, the Securities and Exchange Commission began a separate <a target=\"_blank\" data-link-type=\"article-body\" href=\"https:\/\/www.inquirer.com\/business\/psers-compensation-gifts-sec-fbi-pension-fund-pennsylvania-teachers-subpoena-20210925.html\" rel=\"noopener\">investigation<\/a> into both the miscalculation and possible conflicts of interest arising from travel and other gifts given to PSERS staff by Wall Street investment contractors.<\/p>\n<p class=\"inq-p\">Unlike federal prosecutors, who may bring criminal or civil charges, the SEC brings only civil complaints, which are often resolved with fines, said lawyer Michael Schwartz. As a former federal prosecutor, he headed the public corruption unit at the U.S. Attorney\u2019s office in Philadelphia, which later launched the PSERS investigation.<\/p>\n<p class=\"inq-p\">The FBI began its probe in early 2021 after the pension fund board admitted publicly that it had erred in adopting an official figure for investment profits. The matter was significant because, under state law, newly hired teachers pay more into the pension system when it falls short on profit targets. At the time, the profit goal was a return of at least 6.36%.<\/p>\n<p class=\"inq-p\">Aon, the PSERS consultant, told the board that the fund had just cleared the target with a return of 6.38%. This supposedly spared the board the embarrassment of missing the target and the teachers a rate hike. In fact, the board later acknowledged, the return had fallen just short, reaching only 6.34%.<\/p>\n<p class=\"inq-p\">In contrite letters, Aon later told the board that someone on its staff had made a clerical error, inputting wrong figures.<\/p>\n<p class=\"inq-p\">It\u2019s rare for the government to say a case is \u201cclosed,\u201d said Bill Singer, a veteran Wall Street securities lawyer, citing Justice Department public-information guidelines. \u201cThe default mode is to let things die a silent, tortured death.\u201d<\/p>\n<p class=\"inq-p\">But \u201cin cases where news of an investigation has leaked into the press,\u201d there can be \u201ccompelling reasons to clear the air if and when an in-house decision has been made that the investigation is going nowhere,\u201d Singer added. Investigators may have felt \u201cthe need to lift a cloud from a pension fund.\u201d<\/p>\n<p class=\"inq-p\">If the SEC believes it has found criminal behavior, it can refer the case to other agencies. But Singer thinks it\u2019s \u201chighly unlikely that the Department of Justice would reset a criminal prosecution after publicly informing a target (or) subject that it had closed the matter.\u201d<\/p>\n<p class=\"inq-p\">Board members said Santa Maria has told them one of the system\u2019s law firms, Morgan Lewis &amp; Bockius in Philadelphia, had received word from prosecutors that they were closing the case. Zane David Memeger, a former U.S. Attorney for Philadelphia and a member of PSERS\u2019s defense team at Morgan, didn\u2019t respond to a request for comment.<\/p>\n<p class=\"inq-p\">Some trustees said they hope to learn more at PSERS\u2019s scheduled summer board meeting on Friday,  when both \u201cpending and potential\u201d litigation will be discussed in closed session.<\/p>\n<p class=\"inq-p\">Another trustee, State Sen. Katie Muth (D., Pa.), said the announcement had left board members needing to know more. <u>B<\/u>oard members as a group \u201chave not heard from Morgan Lewis in months,\u201d she said. \u201cWe still haven\u2019t seen the presentation [the firm] made to the Department of Justice. And I haven\u2019t seen the documentation supporting this news.\u201d<\/p>\n<p class=\"inq-p\">Despite ongoing reviews and updates to PSERS policies, some of which board leaders promised to tighten after consultants finished the internal investigation, governance and investment reviews, Muth said little has really changed: PSERS staff \u201care still not disclosing state investment contract information to us, the board members\u201d who approve new investments.<\/p>\n<p class=\"inq-p\">\u201cUntil they do, I have to see the private investments they continue to recommend to us as shady.\u201d<\/p>\n<p class=\"inq-p\">Federal scrutiny ought to remind trustees that they would do well to show the same \u201cduty of care, loyalty, (investment) diversity,\u201d and fidelity to plan guidelines as their more-regulated private-sector counterparts, said Olivia Mitchell, director of the Pension Research Council at Penn\u2019s Wharton School.<\/p>\n<p class=\"inq-p\">\u201cLack of transparency between the trustees and management is likely to make it difficult, if not impossible, for the trustees to carry out their duties,\u201d Mitchell said.<\/p>\n<\/div>\n<p>[ad_2]<br \/>\n<br \/><a href=\"https:\/\/www.inquirer.com\/business\/psers-sec-no-criminal-charges-20220802.html\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>[ad_1] Federal prosecutors have told Pennsylvania\u2019s school pension system, PSERS, that the U.S. Department of&#8230;<\/p>\n","protected":false},"author":1,"featured_media":34402,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[25],"tags":[],"class_list":["post-34401","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-research"],"_links":{"self":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/34401","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/comments?post=34401"}],"version-history":[{"count":1,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/34401\/revisions"}],"predecessor-version":[{"id":34403,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/34401\/revisions\/34403"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media\/34402"}],"wp:attachment":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media?parent=34401"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/categories?post=34401"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/tags?post=34401"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}