Auditors Question Pension Fund Fees Paid to Financial Advisers

New Jersey's public pension funds spent $166 million on brokerage commissions, advisers' fees, and other administrative costs during the last fiscal year, including $5 million it didn't need to pay, according to a state audit.

That amount, spent on outside advisers, was up from the $143 million paid for those services during the 2008 budget year, according to the State Auditor’s office, which reviewed the Division of Investment, an agency within the Department of Treasury that manages the state’s $67 billion pension funds, according to the Newark Star-Ledger.

The auditors took issue with how much the state is spending each year on financial advisers for its investments in emerging markets such as China and India, which have been allowed since 2006. Of the $6.4 million spent during the 2009 budget year on financial advisers for emerging market investments, the auditors suggest the Division of Investment could have paid “an estimated $5 million less” if the emerging markets accounts were managed in-house, the news report said.

If the allocation to emerging markets increased, something the Division of Investment controls, the savings could rise to $20 million annually, the auditors contended. “We recommend the Division of Investment be provided with the additional staff and travel resources necessary to forgo advisers’ fees and instead actively manage the emerging markets portfolio internally,” the report said.

In a written response to the audit, William G. Clark, director of the Division of Investment, agreed with the audit’s findings, but noted several major impediments, including the salary and bonuses that would be demanded by financial professionals the state would have to hire to manage the emerging market portfolio, as well as the overseas travel costs they would incur.

“These assets could likely be managed internally at a reduced cost to the pension fund relative to our existing external advisers,” Clark said, according to the Star-Ledger. “It would be necessary, however, to obtain assurance that these issues could be adequately addressed before proceeding to implement this recommendation.”

The New Jersey pension funds, which cover pensions for teachers, police officers, firefighters and other government employees, face a more than $30 billion funding shortfall.

The audit report is available here.

Vick Advisers Barred from ERISA Plans

Michael Vick’s former financial advisers won’t be working with ERISA plans anymore.

The U.S. Department of Labor has obtained a consent judgment barring the purported financial adviser to National Football League (NFL) player Michael D. Vick and his company, MV7 LLC, from serving in a fiduciary capacity to any employee benefit plan governed by the Employee Retirement Income Security Act (ERISA). 

The department sued financial advisers Mary Wong and David Talbot for allegedly participating in some of the prohibited transfers from a pension plan sponsored by one of Vick’s companies. Vick, who earlier agreed to a consent judgment (see “Vick to Turn Over $400K to DoL”), was alleged to have made prohibited transfers from the plan for his own benefit. The plan’s assets allegedly were partially used to help pay Vick’s criminal restitution after his conviction for unlawful dog fighting and to help pay his attorney in his bankruptcy cases. Vick filed for Chapter 11 bankruptcy on July 7, 2008 (see “Michael Vick Sued for Prohibited Pension Transfers”). 

According to the DoL, the judgment permanently bars Wong from serving in a fiduciary capacity to any plan governed by ERISA. In a separate court judgment, Talbot was ordered to restore $369,431.71 to the plan and was barred from serving in a fiduciary capacity to any plan in the future. 

“Fiduciaries have a duty to protect the pension assets of participants,” said Phyllis C. Borzi, assistant secretary for the Labor Department’s Employee Benefits Security Administration (EBSA). “Our legal action ensures that this adviser will never deal with the assets of employee benefit plans in the future.” 

MV7 LLC was a celebrity marketing enterprise owned by Vick. The company sponsored a defined benefit retirement plan for nine current and former employees as of October 2008, the latest data available. 

Earlier this year, Wong was also charged with operating a Ponzi scheme (“Former Vick Adviser Charged with Ponzi Scheme”).

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