PhillyDeals: Adviser guilty of fraud linked to Pa. swaps

January 22, 2012|By Joseph N. DiStefano, Inquirer Staff Writer
  • Philadelphia officials (from left) Joseph S. Clare III of the Water Depart- ment, Deputy City Treasurer James M. Lanham, and City Treasurer Nancy Winkler say interest-rate swaps have not seriously strained city finances.

CDR Financial Products Inc., a financial adviser to states and cities, and its founder, David Rubin, pleaded guilty to federal fraud and conspiracy charges last month in New York.

Prosecutors accused them of rigging municipal- bond sales so taxpayers in New York and other unnamed states paid extra to raise billions for government projects.

CDR faces fines of up to $100 million; Rubin faces up to 35 years in prison.

Rubin's firm is based in Beverly Hills, Calif., but in the early 2000s, it had clients across the United States, including Democratic-run states such as California, New Mexico, New York, and, at the time, Pennsylvania.

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Like other government financial contractors in those days, Rubin was a contributor to leading politicians - in his case, prominent Democrats such as then-Gov. Ed Rendell and then-Philadelphia Mayor John F. Street.

Rubin served on Rendell's gubernatorial transition team. His firm advised Philadelphia on interest-rates swaps, complex financial contracts designed, for example, to let borrowers raise money at slightly lower interest rates and protect them from the risk of rising rates, in exchange for agreeing to pay banks and in- vestors compensation if rates fell.

Swaps and other "derivative" financial contracts became legal for Pennsylvania towns and school districts under a law Rendell signed in 2003. Wall Street swaps salesmen swarmed the state and signed hundreds of deals. But in the 2008 financial crisis, as interest rates spiked high, then collapsed to nearly nothing, swaps costs rose, prompting governments to pay to get out of the contracts and refinance their debt.

 

Who's counting?

Lawyers at Klehr, Harrison, Harvey, Branzburg L.L.P. and accountants at ParenteBeard L.L.C., both based in Philadelphia, spent 10 months writing a 130-page "forensic audit" for the Harrisburg Authority on how that city's incinerator turned into a $300 million financial disaster.

The audit, released last week, said Harrisburg's troubles included elected officials' failure to make sure the project could pay for itself; conflicts of interest by public officials who worked for contractors; and a string of financial swaps agreements that "added complexity, risk," and "potentially" millions in costs.

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