Florida Pension Sues BNY Mellon for Overcharging State

BNY Mellon has been accused by Florida of allegedly failing to give the state the best prices when making foreign currency trades for their state pension funds.

(August 12, 2011) — Florida has filed a lawsuit against BNY Mellon over allegations of overcharging the Florida Retirement System Trust Fund, which had roughly $128.9 billion in assets at the end of June.

The bank was the master custodian of the state’s pension fund and is involved in a majority of transactions regarding the fund.

The lawsuit alleged that rather than pricing trades at the current exchange rates, BNY Mellon added hidden spreads, including markups and markdowns, to foreign exchange trades. As a result, the retirement fund — which is managed by the Florida State Board of Administration — overpaid for foreign purchases, receiving less than the full proceeds of foreign sales.

While not specifying the amount, Pam Bondi, the state’s attorney general, said in a statement that BNY Mellon’s actions cost the state millions of dollars.

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“Every penny that state and local employees entrust to Florida’s pension fund is hard-earned, and we will not allow Floridians’ money to be lost due to fraudulent activity,” Bondi said in a prepared statement. “Overcharging for foreign exchange transactions is essentially stealing, and any company that does so will be held accountable.”

Custody banks are coming under increasing scrutiny from public pension funds over possible FX overcharges. In June, for example, Massachusetts State Treasurer Steven Grossman said that BNY Mellon allegedly overcharged Massachusetts Pension Reserves Investment Management (MassPRIM) more than $30 million on foreign exchange (FX) trading since 2000.

BNY Mellon denied the accusations. “We reject the notion that [MassPRIM] was ‘overcharged,’” the bank said in a statement. “We value our client relationships and are confident that we offer our clients and their investment managers competitive and attractive FX pricing.”



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

Despite Market Turbulence, Buffett Remains Bullish

The Oracle of Omaha and chief investment officer of Berkshire Hathaway is optimistic about economic recovery despite recent market volatility.

(August 11, 2011) — The world’s most powerful asset owner is bullish on stocks.

Warren Buffett — the world-renowned investor and CIO of Berkshire Hathway, also known as the Oracle of Omaha — continues to be optimistic, despite market turbulence. As investors panic following Standard & Poor’s credit downgrade, Buffett has aimed to quell fears. Speaking with Bloomberg and CNBC, Buffett expressed his confidence in the US market, reiterating his belief that the ratings agency made a mistake in lowering the nation’s credit rating.

“The lower things go, the more I buy,” Buffett told Fortune Magazine. “We are in the business of buying.” Referring to S&P’s decision as an unjustified downgrade of the US credit rating, he noted that he’s been purchasing equities and seeking to acquire big businesses.

“Up until right now, all of our businesses have been coming back — even Europe isn’t doing that badly — except for businesses relating to home construction which is on its rear end,” Buffett said.

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In contrast, Bill Gross told Bloomberg earlier this week that S&P’s decision was a smart one.

“I think S&P has demonstrated some spine; they finally got it right,” Gross, manager of the PIMCO Total Return Fund, asserted during an interview on Bloomberg Television earlier this week, noting that the US has “enormous problems” in terms of its debt pile.



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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