Rhode Island Pension Alleges Zuckerberg Overpaid 2019 Settlement to Avoid Personal Consequences

State Treasury says Facebook overpaid Cambridge Analytica settlement by $2 billion to win extra concessions from the feds.

The Rhode Island State Treasury has filed a lawsuit against Facebook in connection with its record-setting $5 billion settlement with the Federal Trade Commission (FTC) over the Cambridge Analytica scandal.

The lawsuit alleges that Facebook had agreed to pay the FTC a record-setting $5 billion fine, which was “more than it believed was required, in a bid to assuage regulators and win other concessions from the feds,” the lawsuit said. The Cambridge Analytica scandal broke in early 2018, when it was revealed the firm had used the personal data of millions of Facebook profiles without the owners’ consent for the purpose of political advertising.

The suit says that there is evidence of a $3 billion settlement being discussed between Facebook and the FTC, and suspects that the $2 billion overpay was to gain a “critical concession: a lack of personal consequences for [Facebook CEO Mark] Zuckerberg.”

Rhode Island is requesting that the FTC disclose the settlement agreement and associated documentation related to its investigation of the problem, including draft agreements, electronic communications with each board member, and other documentation so that it may “investigate potential wrongdoing, mismanagement, and/or breaches of fiduciary duty by all current members of the board,” the suit reads.

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“There is simply no way for Rhode Island to evaluate properly the fairness of the process and price negotiated in the Second FTC Agreement without access to Facebook’s privileged documents, which will contain information that is not available anywhere else,” the litigation stated.

Rhode Island said Facebook refused to provide it with the books and records demanded.

“After months of negotiations, we reached an agreement with the FTC that is in the best interests of the company and our community. We believe this suit is without merit,” a Facebook company spokesperson said.

Rhode Island has been at the forefront of institutional investors with concerns related to Facebook’s governance practices. The state joined a stakeholder initiative alleging that Zuckerberg holds a “totalitarian grip’” on the company’s practices as a result of his dual role as both chairman and CEO.

“There is no check-and-balance at Facebook without an independent board chair—and Mark Zuckerberg’s totalitarian grip as both CEO and board chair must end,” said New York City Comptroller Scott M. Stringer, one of the co-filers. “Facebook’s unrelenting turmoil shows why independence and accountability matter—and why power should not be consolidated around one person. Outside shareholders have sounded the alarm on the need for real oversight and governance reforms, and it’s time for Facebook to listen.”

Zuckerberg’s ownership of about 60% of the company’s voting shares would leave him with full control of the business no matter what happens at its governance level.

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Analysis Says NC Pension’s Fiscal Health in Jeopardy

Report warns that pension’s return assumptions are ‘overly optimistic.’

An analysis of North Carolina’s Teachers’ and State Employees’ Retirement System (TSERS) says that despite it being one of the best funded systems in the country, it has several weaknesses, such as overly optimistic return assumptions that “could jeopardize its fiscal health in the long run.”

Although North Carolina TSERS is nearly 90% funded at a time when the average public pension plan is only 72.6% funded, North Carolina-based nonprofit think tank the John Locke Foundation says there is cause for concern as the system’s funded ratio has been on the decline for 20 years and today has $9.64 billion in unfunded pension liabilities.

The foundation said its analysis of the causes of the growing unfunded liabilities found that underperforming investment returns are the main culprit of the growing pension debt and that the plan’s investment returns assumptions are overly optimistic.

“Although TSERS has made some changes to its assumed rate of return over the past years, it still remains too high,” the report said. “Moreover, in order to achieve the target assumed rate of return, TSERS is likely to have to introduce even more risk—and therefore greater uncertainty and potential volatility— to the plan.”

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The report said that added uncertainty leads to higher fluctuations in both funded ratio and employer contributions.

The analysis credited TSERS with showing fiscal prudence by using an actuarially determined contribution policy, however, it said that if the assumptions that go into calculating employer contributions are incorrect, then paying the annual actuarial bill in full will not lead to full funding.

“Other than lowering the target rate of return, TSERS should consider changing the discount rate,” the report said. “Inaccurate use of discount rate leads to an underestimated level of liability, which leads to lower than needed employer contributions. This can have detrimental consequences for the plan going forward.”

In addition to employing more conservative assumptions, the report suggested TSERS should look into introducing retirement plan choices that include a risk-managed defined benefit pension, cash balance plan, or defined contribution retirement plan that will further reduce the risk of underfunding.

“In order to keep providing competitive benefits for existing and future employees,” the report said, “it needs to consider incremental changes to the plan today that will pay off greatly in the future by preserving benefits and ensuring fiscal sustainability in the long run.”

The analysis found that TSERS is unlikely to reach its assumed long-term average investment return of 7.0%, which could lead to increases in employer contributions in the near future. And even if the plan does meet the target assumed rate of return on average, it said the timing of the returns could negatively affect the plan’s fiscal outlook.

It also found that the plan’s portfolio includes high-risk assets that it says are prone to volatility, which make the investment returns less predictable.

“Marginal improvements to the existing TSERS benefit system can pay off greatly in the future and ensure the system stays on solid financial footing for the long term,” the report said. “Better risk management and more realistic plan assumptions can help ensure the state delivers the promised retirement benefits to its employees.”

Related Stories:

N.C. Retirement System Boasts of Funded Status

North Carolina Endowment Grows to $1.4 Billion

North Carolina Establishes Employee Benefit Trust Fund

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