LA School Won’t Explain Mystery $782,000 Payout To Former Superintendent; Auditors Call For Fraud Investigation

Submitted by Transparent California

Scandal-plagued Montebello Unified School District made a nearly $800,000 payout to its former superintendent in 2017, documents show, but the district won’t explain why.

In response to a request for records documenting the wages paid to its employees for the 2017 year, Montebello Unified provided a report that indicated the school paid $782,073 to former superintendent Susanna Contreras Smith.

That amount would make Ms. Contreras Smith by far the highest paid K-12 employee statewide, according to a survey of nearly 700,000 employee pay records posted on TransparentCalifornia.com.

But even stranger than the size of the payment is the timing. A Los Angeles Times report states that Ms. Contreras Smith was fired in November 2016, and filed what would ultimately be a successful whistleblower lawsuit against the district in July 2017.

So why did the school make such a large payout to someone who was no longer on the payroll?

That’s not something the public has a right to know, according to school administrator and de facto public records officer Jose Suarez.

When Transparent California asked about the unusual payout, Mr. Suarez refused to provide any information, asserting that the “Public Records Act creates no duty to answer written or oral questions submitted by members of the public.”

Such hostility to transparency would be alarming under ordinary circumstances, says Transparent California Executive Director Robert Fellner. But given that the district faces numerous credible allegations of fraud from state auditors, Mr. Suarez’s conduct is particularly galling.  

“Mr. Suarez seems unaware that the core duty of public officials is to be accountable and transparent to the public they ostensibly serve,” Fellner said.

“One would think that amidst calls for a criminal fraud investigation from state auditors, school officials would be doing all they can to assure the public that they have nothing to hide.”

In light of the wide-ranging misconduct and financial irregularities that have already been exposed, the district’s refusal to explain such an unusual payout is likely to cause residents to suspect the worst.

“Was this payment a failed attempt to dissuade Ms. Contreras Smith from exposing the corruption she witnessed firsthand,” Fellner continued, “or simply an extraordinarily lucrative severance package?”

“Taxpayers have a right to know why the school spent nearly $800,000 of their money on a single employee, and public officials who suggest otherwise are in the wrong line of work.”

Average compensation approaches $100,000

Transparent California now has 2017 pay data for nearly 700,000 K-12 employees from 436 separate school districts.

A survey of the statewide data reveals that the cost for the average full-time K-12 school employee’s compensation package hit an all-time high of $96,078 in 2017 — up 18 percent from 2012.

Within Los Angeles County, the $116,526 in pay and benefits received by the average Whittier Union High employee was the most of the 31 school districts surveyed.

The next four schools with the highest average compensation packages were:

  1. Valle Lindo Elementary: $113,446.
  2. Long Beach Unified: $110,740.
  3. Downey Unified: $109,398.
  4. Montebello Unified: $109,097.

To explore the complete datasets of any of the schools mentioned in this report, please click here.

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Watch Live: Powell-Yellen-Bernanke Run Risk Of Disappointing “Doved-Up” Markets

Having got past today’s “yuuge” non-farm payrolls appetizer, markets are ready for their main course – a triple-header of Powell, Bernanke, and Yellen, (PBY) to feast upon.

US equity markets are “all doved up” and remain ravenous for any hint of a less hawkish tilt…

And the “yuuge” payrolls print sent rate-CUT expectations lower…

So, it’s over to Powell to dove it up.

However, as Nomura’s Charlie McElligott points out, today’s format is a hosted Interview panel with Powell / Bernanke / Yellen, so this is NOT a perfect set-up to shape any major policy pivot.

However, the story today is going to be about the market’s perception of Powell’s “relative dovishness” versus expectations.

This “reality versus market expectations” takes on added risk ESPECIALLY after yesterday’s ugly ISM print being juxtaposed against his bullish economic assessment from last month’s Fed meeting.

I AGAIN believe that there is a risk that the market is “wanting more dovishness” than Powell can give them today, as anything less than signaling a “pause” may disappoint incredibly “doved-up” markets.

Powell is instead likely to continue with the status-quo “we are not on a preset course” message, voice that they remain data-dependent and that “economy is growing and we expect this to continue” line (Labor mkts especially) being counter-balanced against language showing that the FOMC “monitoring” market developments , tighter Financial Conditions and acknowledge recent slowing in Housing and Manufacturing.

I then wholeheartedly agree with Lew Alexander here in stating that today’s market reaction will be about “…how far Powell goes in acknowledging downside risks.”

But, as McElligott concludes, if Powell disappoints today, we look to his speech at the Econ Club of Washington (Thursday 10-Jan, 12:00pm EST) as the better opportunity to “shift the message” IF required.

Will Yellen reiterate her recent claim that a crisis is upon us again or will she resort to her previous line that there will be no more financial crisis in her lifetime?

Will Bernanke reiterate his previous statement that “there will be no rate normalization is my lifetime” and throw Powell under the bus?

Watch Live (the interview is supposed to begin at 1015ET)…

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Trump: “Great Jobs Number”; Kudlow: “No Recession In Sight”

Today’s payrolls report absolutely crushed expectations and indicated that, contrary to fears that the trade war and government shutdown might have hurt hiring in December, the US labor market expanded at its strongest pace since February 2018 and broke above 150 million jobs for the first time ever.

So it’s hardly surprising that the White House is touting the data as a major source of vindication.

President Trump chimed in on twitter after data to tout its strength, marking his first comment on economic data in months.

Meanwhile, White House economic advisors Larry Kudlow took to Bloomberg TV to declare that despite the recent volatility in stocks, the jobs data suggest “there is no recession in sight.”

“There’s no recession in sight…I know this has been a gloomy period and I know people are concerned about the stock market,” Kudlow said.

The December jobs report showed the economy added 312,000 jobs last month, far more than the 177,000 that were expected.

“The American economy is growing 3 percent, job gains are huge and businesses are investing big time,” Kudlow said. “It’s a much better optimistic picture than what we’ve been getting in the last month or two.”

Kudlow also criticized the Philips Curve – the Fed’s go-to inflation model – arguing that “more growth, more people working does not cause inflation” (since the financial crisis, the relationship between employment and inflation has apparently broken down).

And he also appeared to walk back Kevin Hassett’s comments from yesterday claiming that the trade war with China might crash US profits, and that more pain could lie in wait for “a heck of a lot” of US companies.

Instead, he argued that a trade truce could conversely help save the Chinese economy.

“China needs the kind of pro-growth trade reforms that President Trump is suggesting…we can help their economy if they let us.”

And while Apple’s warning about declining sales in China sent stocks reeling yesterday, Kudlow said IP theft could be a bigger problem for the US consumer tech giant.

The administration is “optimistic” about the preliminary talks with China, and that the two sides would meet to discuss the possibility of China cutting its subsidies to state-backed enterprises.

Watch a clip from the Kudlow interview below:

While traders celebrated the jobs number by sending stocks higher, one twitter user pointed out, Kudlow’s comments could be a counter-indicator suggesting that a recession might be looming just around the corner.

Stocks seem happy with the news – Dow is up 500 points, extending gains on Kudlow’s reassuring words…

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Only Old Workers Found Jobs In December

Two things stood out in the December jobs report: first, the magnitude of the monthly increase in payrolls, which at 312K was the highest in 10 months and second, the stark increase in annual wage growth.As Reuters Jeoff Hall notes, 12 of the 15 major industry sectors (4 in goods-producing, 11 in service-providing) have 12-month growth rates in avg hourly earnings that exceed the Fed’s 2.0% inflation target (with exceptions being Transportation & Warehousing (+0.7%), Nondurable Gds Mfg (+0.9%), Other Services at +1.8%).

However, reading between the lines reveals another somewhat unpleasant signal and may explain the impressive wage growth: the bulk of jobs in December went to aged workers, those 55 and older, who increased by 183K (according to the Household Survey). Meanwhile, the prime age group, those aged 25-54, actually declined by 11K in December. And since it was the younger age cohorts that saw virtually no job growth in December – i.e., those workers who have the least wage negotiating leverage – it explains the impressive wage growth, but it is also a potentially troubling indicator as it confirms that employers are primarily focusing on hiring those workers who already have experience, instead of permitting younger entrants to join the labor force.

How does the data look on an annual basis, from December 2017 to December 2018? It’s a little better, with the biggest age group, those 25-54 rising by 1.3 million, but it was once again the oldest workers, those 55 and older that have seen the bulk of job gains in the past year, confirming that younger Americans are having an increasingly harder time to find jobs when they are, well, competing with their parents, who have been unable to retire as a result of ten years of ZIRP which in turn crushed savings for an entire generation of (elderly) Americans, forcing them to stay in the job market well beyond their retirement age.

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Gold Pukes

Because nothing says confidence in monetary and fiscal policy planners like a surge in gold – that cannot be allowed…

Gold punched back into the red for 2019…

Silver is down but not so much…

From fear-driven flows into the precious metal to puking up the barbarous relic in 24 hours… on the back of one data item?

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Deutsche Bank Employees Knowingly Helped Clients Cheat German Taxpayers

 

As the Frankfurt-based bank’s shares plumbed all-time lows last month following news that it had gotten itself entangled in two new legal scandals – one related to facilitating tax evasion that purportedly stemmed from the Panama Papers leak, and another related to the bank’s provision of clearing services to Danske Bank’s Estonia branch, the epicenter of one of the biggest money laundering scandals in European history – news that DB had paid a relatively insignificant 4 million euro settlement to Frankfurt prosecutors over its role in facilitating so-called “cum-ex” trades for clients who used them to falsely claim tax rebates barely registered.

But as has become sadly typical for DB, which has cultivated one of the most ignominious post-financial crisis records for financial improprieties among the world’s biggest banks, the settlement wasn’t the end of it. And in an explosive report published Friday, reporters for Reuters working with newsroom non-profit Correctiv published details from internal audits commissioned by DB which revealed that employees for the bank were aware of their clients’ plans to illegally exploit a loophole in the German tax code – a loophole that was closed back in 2015 – something that was not previously publicly known.

DB

Though Reuters said the audit that it cited, which was prepared by London law firm Freshfields, had been turned over to prosecutors back in 2017, meaning that they probably factored it in to their investigation before deciding on the December settlement, the information revealed that several DB employees coldly calculated the risks associated with facilitating their clients’ illegal behavior, and decided to continue with the business.

There are “lots of indications” that some managers discussed “the reputational risks” of Deutsche Bank’s involvement in a share-trading scheme that is the subject of Germany’s biggest post-war fraud investigation, according to a conclusion in one of five internal audits seen by Reuters.

The bank even went so far as to issue tax certificates for withholding taxes that had never been paid.

The bank issued tax certificates for withholding tax that had never been deducted and made loans to clients to allow them to participate in the scheme to claim tax rebates, according to the audits.

German prosecutors say the scheme’s participants misled the government into thinking a stock had multiple owners on its dividend payday who were each owed a dividend and a tax credit, according to court documents.

If you’re unfamiliar with the mechanics of the “cum-ex” scandal, here’s a quick explanation courtesy of the Business Times.

German authorities claim the scheme, which was perpetrated by clients with the help of several global banks, cost the German state some 5.6 billion euros in rebates that should never have been paid. That’s right: these banks effectively helped clients steal from Germany’s public funds. The audits commissioned by DB focus on the period between 2006 and 2011.

Cum-ex transactions took advantage of how Germany once handled tax refunds on dividends. At the time, certificates used for tax repayments weren’t issued centrally. Deals were set up around dividend day in a way that enabled a shortseller of a stock and its actual owner to both get a certificate stating that the dividend tax was paid. While the tax was paid only once, both could use the certificates to claim full refunds, according to the findings. The practice ended in 2012 when Germany revised its tax laws.

Banks have come under scrutiny in these probes for various reasons – doing the deals themselves, financing transactions or acting as custodians that issued the certificates. Deutsche Bank has said it didn’t participate in cum-ex trades as a shortseller or buyer, but was involved in some of its clients’ deals and that it is cooperating with the authorities.

The audit pointed to failings tied to two DB employees who helped facilitate loans to clients who used the money to carry out cum-ex trades. But the bank’s managers were also responsible for significant lapses in oversight, according to the audit.

The audit dated April 16, 2015 pointed to “significant failings” in overseeing two traders, Simon Pearson and Joe Penna, who they say acted as middle men between the clients and the bank departments that lent money to fund the cum-ex scheme and issued tax certificates.

Pearson and Penna have been suspects in the investigation since at least 2014 for their role in cum-ex trading, according to court documents. The Freshfields audits say the two traders were aware the prime brokerage services were being used to help other companies carry out cum-ex deals.

The reports highlighted the role of the traders but also pointed to failures of the bank’s internal controls as well as lapses of “managers” in the global financial markets division.

The April 16 report said that the bank’s controls over the trading desk headed by Pearson were too weak and this was a “serious shortcoming.”

One specific manager was singled out in the audit as being responsible for the bulk of these oversight failures.

That criticism about oversight is leveled at management generally but it does briefly single out one individual.

“Richard Carson was most directly responsible for this shortcoming as the direct supervisor of the manager of the trading desk,” the report said.

Carson has since left Deutsche Bank. In an email to Reuters he said: “I have not seen, nor have been provided with any copies of the reports you mention in your communication. I would not accept that there was any failings on my part.” The report did not implicate him further in the cum-ex scheme.

Fortunately for DB, this information isn’t anything prosecutors haven’t already seen. But it could suggest that more penalties in the investigation – which is still ongoing – could be forthcoming. And that’s bad news for a bank that is struggling with slumping shares, plunging income, and multiplying fears that the raids connected with the Panama Papers money laundering could lead to a massive fine.

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The One Bad Thing About Today’s Jobs Report…

While on the surface today’s blockbuster jobs report was “goldilocks” in almost every possible way, if clearly negating a “recession is coming” narrative and crushing any hopes for an imminent rate cut (with Powell on deck expected to provide more clarity), there was one negative message for stocks, namely the fastest increase in wage growth since 2009.

Why are rising wages – which is a welcome development for America’s record 156,945,000 employed workers – potentially bad news? Because as Bloomberg’s Anchalee Worrachate notes, “it’s a threat to the corporate profit outlook, and equities globally, if the experience of Apple’s revenue forecast cut was anything to go by.”

Indeed, as the following chart from Morgan Stanley shows, in 2019 consensus expects profit margins to post a 3rd consecutive year of expansion. Should wage growth persist at this rate, this number will have to be revised lower. Sharply.

Explaining further, Worrachate notes that “while U.S. corporate profit margins hit 11.2% last year, the highest in at least 18 years, rising wages in a tighter jobs market are a real threat. Especially in the context of higher rates, and an economic slowdown that may keep companies from being able pass on the rising costs to consumers.”

It’s not just rising wages, of course – rising tariffs also threatens to put a cap on profits. According to HSBC, the current 10% tariffs could take away just 1% of index earnings. Of course, if trade talks on Monday produce no progress –  and eventually lead to an even higher, 25%, tariff imposed on all Chinese products, this would wipe a total of 4.5% points from U.S. earnings growth this year.

In other words, what’s great for America’s workers is bad for the stock market. For now, however, the algos that are in charge of the S&P500 this morning have yet to figure that out.

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‘Bond Vigilantes’ Warn: 2019, Fasten Your Seatbelts!

Authored by Elena Moya via BondVigilantes.com,

The new year has started with a blunt reminder of probably everything that investors wanted to forget over the holiday season: economic data is worsening while the oil price continues to fall, dragging down equities and the most equity-like fixed income asset classes. Traditional safe-havens continue to rally, as they did in 2018.

The year left behind ended far worse than it started: after a strong-growth 2017, where most fixed income sectors delivered positive returns, last year’s early hopes quickly sank with the escalation of the US-China trade war and the Italian elections in May, which raised questions about the future of the European Union (EU). Fears of a hard Brexit also weighed on the continent’s economic prospects, lifting credit spreads above those in the US for the first time in years. China continued its slowdown, while in the US, optimism started to fade as interest rates rose, economic data disappointed and oil plunged to less than $50 per barrel amid forecasts of weak demand. US corporate earnings projections were also reduced as the effects of the recent tax cuts started to decline. The world benchmark US 10-year Treasury yield, which reached a 7-year high of 3.2% last year, changed gear after the Democrats won control of the House of Representatives in the November mid-term elections. Investors believed that their victory reduces the chances of further tax incentives from President Trump. The 10-yr Treasury yield has been on a continuous slide since, ending 2018 at 2.66%.

Despite the pessimism, almost one third of the 100 fixed income asset classes tracked by Panoramic Weekly delivered positive returns last year, led by traditional safe-havens, such as German bunds and US Treasuries. With global growth slowing down and global debt reaching a whopping 225% of world GDP, investors are betting some central banks may have to rein in their rate hike projections – offering more support to bond prices. US Federal Reserve Chairman Jerome Powell already did in December – the Fed now sees 2 rate hikes this year, instead of 3. The M&G Panoramic Weekly team wishes you a very happy new year.

Heading up:

Safe-havens – the best of times in the worst of times: US Treasuries, European government bonds and Japan’s sovereign debt did in 2018 what they usually do: deliver positive returns, rain or shine. While corporate debt markets and developing nations suffered from higher interest rates, a stronger dollar, the ongoing trade wars and lower global economic growth, traditional safe-havens remained solid. Treasuries have only posted negative returns in 2 of the past 18 years (2009 and 2013), while European and Japanese government bonds have only missed 1 year of positive returns (2006 and 2003, respectively), over the same period. Sovereign bonds have been favoured by protracted global low inflation, a backdrop that may continue going forward given the recent plunge in oil prices. Weaker growth and rising global debt may also refrain central banks from tighter monetary policies: out of 19 major economic areas, 5 are projecting lower rates in 3 years’ time (the US, Mexico, the Czech Republic, Japan and Korea), compared to none barely 2 months ago, according to Bloomberg data. In terms of currencies, safe-havens have also outperformed, mainly the US dollar and the yen. As Dickens would have put it, for safe-havens, it was (is?) the best of times, it was (is) the worst of times; it was the age of wisdom, it was the age of foolishness…

China government bonds and loose policy – odd one out: China’s USD-denominated sovereign debt returned 3.8% to investors in 2018, the third best performer among the 100 fixed income asset classes tracked by Panoramic Weekly. The rise comes despite a slowdown in economic growth, now down to an annualised pace of 6.5%, from 6.9% last year. The country’s manufacturing PMI dropped to 49.4 in December, the weakest since 2016 and below the 50 level that marks a contraction. Yet, the Chinese government’s stimulus policies, including cuts in the banks’ reserve requirements, continue to support the economy and the bond market. Still mostly in the hands of local investors, Chinese debt is increasingly available to foreign holders via the Bond Connect programme, and may be more in demand after it is included in some Bloomberg Barclays benchmark indices from April this year. In the present global rate rising environment, investors welcome a country with an overall easing policy.

Heading down:

Business cycle – down-sloping? With the last recession now a decade ago and economic theory suggesting that cycles tend to last about 10 years, investors are understandably concerned – hence their preference for safe-havens over risk assets. But more than timing, the nervousness comes amid other signals: during the late expansion phase of a business cycle, economic growth tends to be above the long-term trend growth, but the pace starts to slow down. In the US, for instance, growth is expected to drop to 2.6% this year, and to 1.9% in 2020, down from an expected 2.9% in 2018. This “late expansion” phase is also characterised by restrictive policies (which we are seeing around the world as central banks move from Quantitative Easing to Quantitative Tightening), and by rising inflation (in the US, inflation is expected to rise to 2.4% in 2018, up from 2.1% in 2017). Interest rates are usually higher (the 2-year Treasury yield, the de facto world’s discount rate, leapt from 1.8% to 2.49% in 2018), bringing volatility to equity prices (the S&P 500 index lost 6.2% last year). If this “late expansion” narrative applied well in 2018, the new year might bring us the following “slowdown” phase, where we usually see: slower growth (already forecasted), peaking consumer confidence (this is a lagging indicator as consumers typically need to see weak data before holding up purchases), a cooling off of restrictive policies (Fed chair Powell could have already signalled this in his dovish December speak), as well as higher inflation (also in the cards in the US). In this environment, long term bond yields usually drop as investors discount the slowdown, while equities suffer from the anticipation of a future recession, which would be the next stop. As usual, opinions vary: while the Fed sees 2 rate hikes next year, and further tightening in 2020, markets are pricing in no hikes at all this year, and cuts afterwards. Nobody knows what the future holds, but over the past few years, markets have been better predictors than then Fed.

EMs – tough year: Emerging Markets (EMs) USD-denominated sovereign debt fell 4.3% last year, the third annual loss over the past 18 years (the others being in 2013 and 2008). The period also includes ten years of double-digit positive returns, as the asset class benefited from strong global growth in the early 2000s, while remained relatively immune to the 2007-2008 financial crisis given its lower banking problems. But 2018 brought them a toxic mix of a rising dollar, falling oil prices (which hit oil-exporting EM heavyweights such as Brazil, Mexico and Russia), trade wars and idiosyncratic problems in Argentina and Turkey. All this hit African, Middle Eastern and Latin American countries the hardest, with Eastern Europe and Asia remaining more resilient. Some investors argue that the fate of EMs may change this year as the ‘twin deficits’ in the US may contain any dollar surge while global growth is forecast to stay positive, albeit unspectacular. Some also believe that with yields at 6.8%, the highest since 2009, risk might be compensated.

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“Yuuge” Jobs Sends Stocks, Dollar Higher As Rate Cut Odds Slide

US equity futures were initially disappointed by the great jobs print, but algos quickly BTFD to ensure good news is good news again.

 

However, the market’s dovish positioning was unwound with a lower expectation of a rate cut now priced in…

 

Which sparked a bid in the dollar…

And pushed Treasury yield back above the Fed Funds rate..

Bloomberg economist Tim Mahedy: “This is the strongest employment report of this economic cycle — hands down.”

The big question is – will Powell be able to talk the “good news” hawkishness back down?

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Jobs Blowoutr: December Payrolls Soar 312K As Wages Jump Most Since 2009

In our preview of the December payrolls report, we said that the big risk is a big upside surprise in the form of “good news being bad news”, and sure enough, and that’s precisely what happened when the BLS reported that in December the US added a whopping 312K jobs, far above the 184K expected, and the highest since February 2018. The total number of payrolls surged above 150 million for the first time ever, to 150.263 million to be specific.

Putting the number in context, this was the biggest beat since June 2016… which may not be such a good thing as the last 2 big beats both saw a big plunge the next month.

It wasn’t just the scorching payrolls number, but also the average hourly earnings print, which jumped by 3.2%, higher than both the November 3.1% and the 3.0% consensus; in fact it was the highest number since April 2009!

The unemployment rate rose from 3.7% to 3.9%…

… as the labor force participation rate rose above 63% for the first time since March 2014.

So what does the Fed do now: pressured on both sides, on one hand by the sliding market which demands rate cuts, and on the other by the overheating labor market where wages appear to be on the verge of breaking out.

developing.

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