Riley: Providence, Ken Lay and the Securities Exchange Commission
Tuesday, August 04, 2015
Michael G. Riley, GoLocalProv MINDSETTER™
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Mayor Elorza
On November 8, 2001 Enron announced that earnings would be restated for every quarter back to 1997. By the time that announcement was made the SEC was investigating analyst and shareholder concerns regarding unusual accounting. The stock had already plummeted from $85 to $8 on its way to zero and bankruptcy.
Did anyone see this coming?
The accounting restatements on November 8, 2001 reduced earnings by roughly $500 million dollars over 5 years. The market value of Enron shares dropped from $86 billion to $8 billion before Moody’s, Fitch and Standard and Poor’s decided to lower Enron Debt ratings to “junk”.
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John Olson of Sanders Morris Harris wasn’t fooled. He had been warning for years that Enron was engaging in aggressive and unusual accounting. He was the only \one of 17 analysts who rated Enron overvalued and a “sell”. As a result of his opinions, the management of Enron refused to talk to him. Here’s what Olson told the New York Times in January 2002:
“Those who did not join the chorus of praise for Enron, he said, could be punished. ''There was a strong mandate, unwritten, unspoken, at Enron that if you the investment banking house ever wanted to do business with Enron, your analyst had to have a strong buy on the stock,'' he said. ''I was continually at war with investment bankers.''”
Providence Officials Act like Ken Lay
John Olson wasn’t the most followed analyst or highest paid analyst, but he was an independent thinker who did his own work. Nor was he swayed by the legion of analysts willing to accept the garbage Enron was dishing out and then repeat it to investors as though they fully understood what the company was saying. Olson never did understand the accounting and spent years asking questions only to be ignored and laughed at by mainstream analysts. Ken Lay as Enron’s CEO didn’t understand the accounting either but was happy to “sign off” quarter after quarter on phony numbers and misleading reports. The seeming success of Enron helped his status and reputation. Ken Lay did not need to engage in illegal accounting or fraud he just needed to ignore warning signs and sign off on the numbers and was prosecuted for those actions.
In the Providence Pension Scam of 2000 thru 2015 at least four Providence mayors have played the role of Ken Lay. The outrageous accounting scams of World Com, Enron and others resulted in legislation known as Sarbanes Oxley. Put simply, a CEO has a responsibility to know what’s going on in his own governance. When a CEO” signs off” on numbers he is responsible for those reports.
In Providence this is especially true because the Mayor sits as Chairman of the Investment Commission that is responsible for investing pension contributions for the benefit of Pension Plan participants. The role of Chairman of the Investment Commission is a fiduciary role subject to fiduciary standards and anything that is not in the best interests of plan participants is a severe violation.
Since at least 2006 Providence has produced materially misleading pension accounting numbers and has engaged in purposely overstating assets. It is not in the interest of plan participants to have contributions delayed for investment and instead used for operations of the Government. It is not in the best interest of plan participants to lend money to the City to ease “cash flow” problems. It certainly wasn’t in the best interests of plan participants to have the Cities actuary “write off” $62 million in Pension assets that had been carried on the books for 15 years, without members of the plan and even the pension investment commissioners being aware. Yet this is exactly what just happened. On June 30,2015 actuary Segal Co. decided that placing an asset on the pension books called “other” and a current liability on the balance sheet every year for 20 years without ever paying off the original “loan” could no longer be referred to as a “current liability “ or as an “asset”. It was really a nonperforming loan extended from the Providence Pension plan to the city of Providence. Initial Questions arise.
So many unanswered questions
• Who authorized the loan?
• How the loan was renewed every year?
• Who authorized renewals?
• Who originated the loan and what were the terms of the agreement including interest rate and maturity?
• Can the city negotiate a loan from its pension plan?
Mayor Elorza is certainly aware of the situation and has chosen to be silent on the recent default and accounting irregularities and thus joins Angel Taveras and David Cicilline as being primarily responsible for knowingly producing false and misleading financial statements to the Municipal Securities markets. They each have not informed or disclosed questionable loans to investors, taxpayers, ratings agencies or plan beneficiaries. They have each grossly violated their roles as fiduciaries of the pension plan. When Ken Lay did this, Sarbanes Oxley did not yet exist, but Lay was nonetheless sentenced to prison. Elorza, Cicilline and Taveras appear responsible for the same offense: signing off on documents that contain misleading accounting practices and materially overstating assets. Should the punishment be any less for these Providence Mayors who specifically and knowingly violated the public trust?
Michael G. Riley is vice chair at Rhode Island Center for Freedom and Prosperity, and is managing member and founder of Coastal Management Group, LLC. Riley has 35 years of experience in the financial industry, having managed divisions of PaineWebber, LETCO, and TD Securities (TD Bank). He has been quoted in Barron’s, Wall Street Transcript, NY Post, and various other print media and also appeared on NBC News, Yahoo TV, and CNBC.
Related Slideshow: Top Providence Pensions
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#49
Name- Daniel Guertin
Annual Earning- $95,050.92
Postition- Police-5
City- Providence
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 19,1991
Source: This information was secured through a FOIA request from the city of Providence.
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#48
Name- Carmine Vallante
Annual Earning- $95,140.20
Postition- Fire-4
City- Johnston
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 19,1991
Source: This information was secured through a FOIA request from the city of Providence.
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#47
Name- Alfred Millard
Annual Earning- $95,368.32
Postition- Fire-4
City- Warwick
State- RI
Retirement Type- Accidental Disability
Retirement Date- March 24, 1994
Source: This information was secured through a FOIA request from the city of Providence.
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#46
Name- James Rattigan
Annual Earning- $95,983.44
Postition- Fire-4
City- North Providence
State- RI
Retirement Type- Service
Retirement Date- June 30, 2003
Source: This information was secured through a FOIA request from the city of Providence.
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#45
Name- Frank Deangelis
Annual Earning- $95,986.80
Postition- Fire-4
City- North Providence
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 19, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#44
Name- Stephen Lowe
Annual Earning- $96,156.36
Postition- Fire-4
City- Bristol
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 17, 1992
Source: This information was secured through a FOIA request from the city of Providence.
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#43
Name- Mary Gonsalves
Annual Earning- $97,463.04
Postition- Police-5
City- Warwick
State- RI
Retirement Type- Beneficiary
Retirement Date- December 1, 1993
Source: This information was secured through a FOIA request from the city of Providence.
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#42
Name- William O'Neill
Annual Earning- $98,160.96
Postition- Fire-4
City- Cumberland
State- RI
Retirement Type- Accidental Disability
Retirement Date- August 22, 1990
Source: This information was secured through a FOIA request from the city of Providence.
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#41
Name- Paul Healy
Annual Earning- $98,183.28
Postition- Fire-4
City- Cranston
State- RI
Retirement Type- Service
Retirement Date- October 20, 1993
Source: This information was secured through a FOIA request from the city of Providence.
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#40
Name- James Molloy
Annual Earning- $98,711.16
Postition- Fire-4
City- Providence
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 18, 1987
Source: This information was secured through a FOIA request from the city of Providence.
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#39
Name- Livia Miller
Annual Earning- $99,193.80
Postition- Fire-4
City- Warwick
State- RI
Retirement Type- Beneficiary
Retirement Date- May 1, 1997
Source: This information was secured through a FOIA request from the city of Providence.
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#38
Name- Joseph Battista
Annual Earning- $99,271.08
Postition- Fire-4
City- Johnston
State- RI
Retirement Type- Accidental Disability
Retirement Date- April 29, 2004
Source: This information was secured through a FOIA request from the city of Providence.
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#37
Name- Robert Kerfoot
Annual Earning- $100,140.36
Postition- Fire-4
City- Cranston
State- RI
Retirement Type- Accidental Disability
Retirement Date- March 24, 1994
Source: This information was secured through a FOIA request from the city of Providence.
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#36
Name- Ralph Ricci
Annual Earning- $100,357.44
Postition- Fire-4
City- Providence
State- RI
Retirement Type- Accidental Disability
Retirement Date- April 28, 1994
Source: This information was secured through a FOIA request from the city of Providence.
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#35
Name- Henry Latek
Annual Earning- $100,502.52
Postition- Fire-4
City- Providence
State- RI
Retirement Type- Service
Retirement Date- June 30, 1995
Source: This information was secured through a FOIA request from the city of Providence.
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#34
Name- Joseph Bradley
Annual Earning- $100,898.52
Postition- Fire-4
City- Whitefield
State- NH
Retirement Type- Accidental Disability
Retirement Date- November 20, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#33
Name- Ronald Johnson
Annual Earning- $102,098.64
Postition- Fire-4
City- North Scituate
State- RI
Retirement Type- Accidental Disability
Retirement Date- May 1, 2003
Source: This information was secured through a FOIA request from the city of Providence.
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#32
Name- Gloria Pisaturo
Annual Earning- $103,385.76
Postition- Police-5
City- Warwick
State- RI
Retirement Type- Beneficiary
Retirement Date- December 1, 2002
Source: This information was secured through a FOIA request from the city of Providence.
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#31
Name- Edmond Malloy
Annual Earning- $103,575.72
Postition- Police-5
City- Chepachet
State- RI
Retirement Type- Accidental Disability
Retirement Date- September 5, 1990
Source: This information was secured through a FOIA request from the city of Providence.
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#30
Name- John Reposa
Annual Earning- $104,665.44
Postition- Fire-4
City- Jamestown
State- RI
Retirement Type- Accidental Disability
Retirement Date- June 21, 1995
Source: This information was secured through a FOIA request from the city of Providence.
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#29
Name- Pasquale Rocchio
Annual Earning- $105,238.32
Postition- Police-5
City- North Providence
State- RI
Retirement Type- Service
Retirement Date- August 22, 1989
Source: This information was secured through a FOIA request from the city of Providence.
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#28
Name- David Deignan
Annual Earning- $105,609.36
Postition- Police-5
City- Providence
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 19, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#27
Name- Lee Podedworny
Annual Earning- $106,838.16
Postition- Fire-4
City- South Kingstown
State- RI
Retirement Type- Accidental Disability
Retirement Date- July 23, 1992
Source: This information was secured through a FOIA request from the city of Providence.
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#26
Name- Nancy Donahue
Annual Earning- $107,757.24
Postition- Fire-4
City- Warwick
State- RI
Retirement Type- Beneficiary
Retirement Date- July 1, 2005
Source: This information was secured through a FOIA request from the city of Providence.
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#25
Name- Domenic Pono
Annual Earning- $107,850.72
Postition- Fire-4
City- Cranston
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 19, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#24
Name- John Murphy
Annual Earning- $107,892.84
Postition- Fire-4
City- Providence
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 19, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#23
Name- Robert Carlson
Annual Earning- $108,555.36
Postition- Fire-4
City- Greenville
State- RI
Retirement Type- Accidental Disability
Retirement Date- April 24, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#22
Name- Robert Emmett
Annual Earning- $109,256.16
Postition- Police-5
City- Cranston
State- RI
Retirement Type- Service
Retirement Date- November 13, 1990
Source: This information was secured through a FOIA request from the city of Providence.
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#21
Name- Thomas Doyle
Annual Earning- $109,329.24
Postition- Fire-4
City- West Warwick
State- RI
Retirement Type- Accidental Disability
Retirement Date- August 26, 1988
Source: This information was secured through a FOIA request from the city of Providence.
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#20
Name- Joseph Errico
Annual Earning- $109,611.60
Postition- Fire-4
City- Warwick
State- RI
Retirement Type- Service
Retirement Date- June 30, 1995
Source: This information was secured through a FOIA request from the city of Providence.
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#19
Name- Edward MacDonald
Annual Earning- $110,225.64
Postition- Fire-4
City- Johnston
State- RI
Retirement Type- Accidental Disability
Retirement Date- May 26, 1994
Source: This information was secured through a FOIA request from the city of Providence.
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#18
Name- Alfred Lamothe
Annual Earning- $110,505.96
Postition- Fire-4
City- Warwick
State- RI
Retirement Type- Accidental Disability
Retirement Date- September 6, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#17
Name- Ernest Silva
Annual Earning- $112,796.28
Postition- Fire-4
City- Ft. Myers
State- FL
Retirement Type- Accidental Disability
Retirement Date- April 24, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#16
Name- Edward Dolan
Annual Earning- $113,126.04
Postition- Fire-4
City- North Kingstown
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 19, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#15
Name- Paul Marianetti
Annual Earning- $113,331.60
Postition- Fire-4
City- Ormond Beach
State- FL
Retirement Type- Accidental Disability
Retirement Date- November 17, 1994
Source: This information was secured through a FOIA request from the city of Providence.
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#14
Name- Rosemary Clark
Annual Earning- $114,725.64
Postition- Police-5
City- Chepachet
State- RI
Retirement Type- Beneficiary
Retirement Date- August 1, 2004
Source: This information was secured through a FOIA request from the city of Providence.
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#13
Name- John Gannon
Annual Earning- $117,318.60
Postition-Police-5
City- Coventry
State- RI
Retirement Type- Accidental Disability
Retirement Date- January 24, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#12
Name- Marcia Moise
Annual Earning- $119,791.20
Postition- Fire-4
City- Jupiter
State- FL
Retirement Type- Beneficiary
Retirement Date- April 1, 1997
Source: This information was secured through a FOIA request from the city of Providence.
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#11
Name- Robert Read
Annual Earning- $123,105.00
Postition- Fire-4
City- Cranston
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 19, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#10
Name- Alfred Bertoncini
Annual Earning- $123,599.16
Postition- Fire-4
City- Smithfield
State- RI
Retirement Type- Service
Retirement Date- December 19,1994
Source: This information was secured through a FOIA request from the city of Providence.
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#9
Name- Victor Dichiara
Annual Earning- $126,845.28
Postition- Fire-4
City- East Greenwich
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 17, 1992
Source: This information was secured through a FOIA request from the city of Providence.
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#8
Name- Edmund Calcagni
Annual Earning- $135,702.72
Postition- Police-5
City- North Providence
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 29, 1990
Source: This information was secured through a FOIA request from the city of Providence.
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#7
Name- James Kelly
Annual Earning- $137,336.04
Postition- Fire-4
City- Greenville
State- RI
Retirement Type- Accidental Disability
Retirement Date- September 28, 1988
Source: This information was secured through a FOIA request from the city of Providence.
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#6
Name- Vincent Delisi
Annual Earning- $145,520.88
Postition- Fire-4
City- North Providence
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 17, 1992
Source: This information was secured through a FOIA request from the city of Providence.
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#5
Name- William Manchester
Annual Earning- $148,839.84
Postition- Fire-4
City- Warwick
State- RI
Retirement Type- Accidental Disability
Retirement Date- December 19, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#4
Name- William D'Iorio
Annual Earning- $156,870.60
Postition- Fire-4
City- Smithfield
State- RI
Retirement Type- Accidental Disability
Retirement Date- Novemver 29, 1990
Source: This information was secured through a FOIA request from the city of Providence.
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#3
Name- Anthony Sauro
Annual Earning- $161,487.24
Postition- Fire-4
City- Johnston
State- RI
Retirement Type- Accidental Disability
Retirement Date- July 5, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#2
Name- Robert Anthony
Annual Earning- $162,944.04
Postition- Fire-4
City- Smithfield
State- RI
Retirement Type- Accidental Disability
Retirement Date- September 25, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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#1
Name- Gilbert McLaughlin
Annual Earning- $196,813.08
Postition- Fire-4
City- Warwick
State- RI
Retirement Type- Accidental Disability
Retirement Date- October 24, 1991
Source: This information was secured through a FOIA request from the city of Providence.
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