BNY Mellon Counters Accusations That It Cheated Pensions Over Forex

An analysis by the Wall Street Journal shows that BNY Mellon Corp. violated it fiduciary duties by taking advantage of clients while trading currencies.

(May 23, 2011) — BNY Mellon is accused of giving a large pension fund — the Los Angeles County Employees Retirement Association — unfavorable foreign exchange rates.

According to an analysis by the Wall Street Journal, which investigated more than 9,400 trades during the past decade, the bank priced more than half of the transactions, or a total of 58%, within the 10% of each day’s trading range that was least favorable to the fund. In a letter to BNY Mellon in January, the pension claimed that the bank should have maintained its fiduciary responsibility to the fund by offering it the best possible prices.

Nevertheless, while BNY Mellon confirmed the analysis, it told the newspaper that there was nothing wrong about its behavior, noting that clients like the Los Angeles pension fund either knew or should have known that the bank doesn’t act in their interests when pricing the trades, the WSJ reported.

Clamor around custody banks cheating public pension funds for trading in the $4 trillion-a-day the foreign-exchange market has heightened in recent months. In early March, in an effort to recover allegedly unlawfully obtained proceeds from foreign-exchange transactions, the Southeastern Pennsylvania Transit Authority (SEPTA) sued BNY Mellon. The lawsuit against BNY Mellon came on the heels of two whistle-blower cases filed against the bank in Florida and Virginia.

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Similarly, Boston-based State Street, which has faced allegations of forex manipulation, revealed in a filing this month that the US Securities and Exchange Commission (SEC) was investigating the bank’s currency transactions for pensions.

In February, State Street was sued by the Arkansas Teacher Retirement System over an investigation into whether banks overcharged public pensions for foreign-exchange transactions. Filed in the US district court in Boston, the suit claimed that State Street, the custody bank for more than 40% of US public pension funds, violated state law by overcharging customers for currency trades. The suit alleged that the bank generated as much as $500 million in profits annually — a rate of profit that accounts for about 50% of State Street’s foreign exchange profits over the last decade, according to Reuters. In response, State Street said the company is “firmly committed to providing its clients with quality service and transparency in meeting their FX needs. We will vigorously defend the allegations made in the complaint and we stand by our business practices.”



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

CIC Aims to Boost Canada Resource Bids

China Investment Corp., the nation's sovereign wealth fund, plans to move its managing director to Canada to boost investment bids for natural resources assets.

(May 22, 2011) — The $332.4 billion China Investment Corp. (CIC), the nation’s sovereign wealth fund, plans to relocate Managing Director Winston Ma to boost Canadian natural resources bids, Bloomberg has reported.

As demands for energy are expected to climb by as much as 40% in the next 20 years as incomes rise in emerging markets and as the global economy rebounds, the move is a sign of Canada’s increasing popularity among global bidders for commodities. Also positioning itself to profit from natural resources assets, the Caisse de Depot et Placement du Quebec plans to invest more heavily in energy and minerals.

According to Bloomberg, Chinese companies have bid $25 billion so far in 2011 for oversees assets to fuel the country’s booming economy. Nick Zeng, chairman of the China Mining Association of Canada, told the news service that Ma’s move will “help CIC to collect more information on the ground from Canada, where natural resources from commodities to water are becoming increasingly popular among global bidders.”

In another sign of the CIC aiming to strengthen a partnership with Canada, the sovereign wealth fund opened its first foreign representative office in Toronto in January. “The Toronto office is aimed at enhancing long-term cooperation with business partners and exploring new areas and opportunities for investment in Canada,” company chairman and chief executive officer Lou Jiwei said in a statement. Felix Chee, chief representative officer in Toronto, said that the new office would further strengthen the fund’s ties with Canada, facilitate potential investment opportunities, and develop a wider network of contacts with business, regulators and government agencies.

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To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

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