US and NY Governments Enter BNY Mellon FX Lawsuits

BNY Mellon has been sued by the New York attorney general and the United States attorney in Manhattan, who claim the financial institution defrauded New York City pension funds and other retirement plans nationwide over the price of foreign-exchange transactions.

(October 5, 2011) — BNY Mellon has been sued by the New York state attorney general and the United States attorney in Manhattan in separate lawsuits, accusing the bank of cheating state and other pension funds nationwide over the price of foreign exchange transactions over the last 10 years.

In two separate lawsuits seeking more than $2 billion, the Manhattan U.S. Attorney and the New York Attorney General alleged BNY Mellon misled clients about its method for determining what currency exchange rates it used for particular foreign exchange transactions.

New York state and New York City claimed the financial institution defrauded the city’s pension funds and other city retirement plans in foreign-exchange transactions. Meanwhile, Preet S. Bharara, the United States attorney in Manhattan, filed a civil complaint in Federal District Court in Manhattan, which alleges that Bank of New York Mellon defrauded its customers in the foreign exchange markets. While New York’s civil suit is seeking redress on behalf of state pension funds, Bharara is seeking hundreds of millions of dollars in penalties on behalf of the United States, the New York Times reported.

A news release from the office of Attorney General Eric T. Schneiderman alleges that over a 10-year period, BNY Mellon consistently misrepresented to customers the rates it would give foreign currency transactions. “Instead of providing the best interbank rates– as it promised – BNY Mellon gave the worst or nearly the worst rates of the trading day. The Bank made nearly $2 billion from these trades, accounting for over 65% of its foreign exchange revenues,” the statement says.

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“This landmark case uncovered a fraud committed against both government and private pension funds,” Executive Deputy Attorney General Karla G. Sanchez says in a release. “This office will continue to commit its full resources to hold those responsible accountable, seek restitution for the victims, ensure that our markets are fair and transparent, and uphold one set of rules for all market participants.”

New York City pension funds have been the most severely impacted of BNY Mellon’s clients and lost tens of millions of dollars as a result of its rates, the lawsuit by the attorney general claims. In addition to the New York City Employee Retirement System (NYCERS), those funds impacted include the Teachers Retirement System of the City of New York, the New York City Police Pension Fund, Subchapter 2, and the New York City Fire Department Pension Fund, Subchapter 2.

“As we’ve demonstrated many times, we will use litigation to ensure that our pension funds are not shortchanged, now or in the future,” New York City Assistant Corporation Counsel John Low-Beer states. “We have therefore brought this suit to recover the damages we are entitled to under the law.”

The suit was filed in the State Supreme Court in Manhattan, following additional suits by attorneys general in Florida and Virginia, who sued BNY Mellon in August. Meanwhile, BNY Mellon has continued to fight the charges. “We value our client relationships and are confident that we offer our clients and their investment managers competitive and attractive FX pricing,” the bank has repeatedly said.

A full copy of the complaint is available here.



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

Florida Attorney General to Pension: $11K Bill for Public Records Is Indefensible; SBA Defends Actions

Florida Attorney General Pam Bondi has said it is "indefensible" that the state pension is asking for nearly $11,000 to collect public records regarding the scheme's investments.

(October 4, 2011) – A Florida Attorney General is criticizing the state’s pension fund for asking for nearly $11,000 to turn over public records.

According to the Miami Herald, Attorney General Pam Bondi — who is one of three state officials who act as trustees of Florida’s pension fund — told the executive director of the State Board of Administration (SBA) that it was indefensible to charge thousands of dollars in order to provide records related to a $125 million investment. State Sen. Mike Fasano (R-New Port Richey) initially made the request for the information in June on behalf of the St. Petersburg Times, the AP reported. At first, SBA Director Ash Williams offered to make certain documents available. However, in August, the state senator requested more detailed information, which Williams claimed would take hundreds of hours to compile. Williams added that any breach of confidentiality “will create liability and could result in economic loss, potentially material economic loss to our beneficiaries,” the Miami Herald reported.

SBA, however, has defended its actions. “After providing a significant amount of information (230 pages worth of documentation) at no charge showing our processes and procedures were followed and after multiple offers to answer questions or concerns, we received a second records request that was 46 individual requests and far more expansive than even the original request,” SBA’s John Kuczwanski told aiCIO. “Due to current exemptions to Florida’s public records laws, a majority of the information requested required a review by outside investment firms and consultants to first determine if any of the information fell under the existing exemption, under penalty of perjury.”

Despite SBA’s claims, Bondi told Williams: “I’ve lost sleep over this bill.” The attorney general noted concerns that Williams estimated it would take 300 hours to complete the request of proving public records related to a $125 million investment.

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Following Williams’ estimate that it would cost nearly $11,000 to compile and go through pension records, Fasano asked the state Senate to subpoena records from SBA. The state board manages the state’s $100 billion-plus pension fund for public employees. “I am appalled that the SBA would throw this unbelievable hurdle in front of my access to public information,” Fasano wrote in a letter to Senate President Mike Haridopolos. “…It is a disgrace that the SBA could merely set a price tag on information that it does not want to see.”

In a statement to aiCIO, the state pension asserted: “The SBA and the Trustees have a long and positive history of working closely with the Florida Legislature and legislative committees that oversee the SBA. The SBA, after receiving commitment that proprietary and confidential information would not be released, has been fully transparent with legislators and committees acting in an official capacity at no cost to the legislature…The SBA will comply with any request made by the Florida Senate to review this investment in the Senate’s official capacity, and it is our belief that in that official capacity they will abide by the same laws applicable to the SBA regarding the protection of proprietary and confidential information.”



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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