HOWEY: A fascinating race for state treasurer
By BRIAN HOWEY
INDIANAPOLIS — I’ve been writing this column since 1985 and I don’t recall ever talking about the treasurer of state race. The office is that of bureaucratic function and in my mind shouldn’t even be elected. It should be part of the governor’s appointed cabinet.
But this year we have a fascinating race between the Republican incumbent Richard Mourdock and a 28-year-old Democrat from South Bend named Peter Buttigieg (pronounced Boota-judge). Buttigieg is a Rhodes Scholar and studied economics at Oxford.
Mourdock is best known for his attempts to derail the Chrysler-Fiat merger, a case that was rejected by the U.S. Supreme Court during the summer of 2009 when the U.S. auto industry teetered on the brink. When the merger occurred, Mourdock believed that Indiana police and teacher pension funds were getting “ripped off.”
“Twenty-nine cents on the dollar for people like that is not ‘just compensation’ at all, but the government says they have to abide by it,” said Mourdock, spelling out the basis for Indiana’s lawsuit. “This is the first time in the history of American bankruptcy law when secured creditors received less than unsecured creditors. And that ain’t right!” he said.
Mourdock said he was doing his “fiduciary” duty and spent more than $2 million to pursue the lawsuit that ultimately the Supreme Court said “had not carried the burden” of proof.
Buttigieg is critical of Mourdock’s attempts to stop the Chrysler-Fiat merger, which, if it had occurred, would have forced Chrysler into liquidation. He questioned Mourdock’s wisdom for investing Hoosier pension funds into Chrysler stock, which was rated “junk” status at the time of purchase.
“Indiana’s government bought junk bonds for its pensioners” then “acted surprised when they lost value,” Buttigieg said.
The Democrat noted that, “If successful, the lawsuit would have shut down Chrysler. Chrysler directly employs about 5,000 people in the city of Kokomo alone, and is responsible for tens of millions of dollars in annual tax revenue for the state, as well as over $3 billion in supplier business. The lawsuit would have destroyed these jobs and this revenue at the worst possible moment: in mid-2009, Howard County unemployment was approaching 20 percent. One think tank estimated that 100,000 jobs in Indiana alone depended on quick and orderly proceedings for GM and Chrysler.”
And Buttigieg added, “Had the treasurer won the lawsuit, then Indiana would have actually received less money than in the agreement he was protesting. In the rescue negotiated between the government and the other 99 percent of the bondholders, Indiana pensions were to receive 29 cents on the dollar.
“The federal court found that in liquidation, the pensions would have recovered far less. Indeed, one likely reason the suit was rejected was that in bankruptcy court, a plaintiff is not entitled to bring a case actually demanding less money than he is already receiving. For this reason, the lawsuit itself would seem to conflict with Mourdock’s fiduciary responsibility as treasurer.”
When my Franklin College intern Brittany Brownrigg asked Mourdock why he purchased the Chrysler junk bonds, he responded, “We bought those bonds hoping to be a part of their success. Yeah, absolutely I would do it again and I would have no choice but to do it again.”
Mourdock acknowledged the case has become a “double-edged sword.” Some of you will admire his stand on principle, even if it could have cost the state tens of thousands of jobs. Others will see him as a political opportunist, taking a swing a President Obama at a time he orchestrated the GM and Chrysler bankruptcies instead of allowing them to slide into oblivion.
“I probably have more name recognition than anyone who has ever served as state treasurer because of my involvement with the Chrysler bankruptcy last year,” Mourdock said. “It opened up the topics I get to talk about. It allows me to talk about the big picture of the economy, not just in Indiana or the United States but globally.”
Mourdock said that he believes his involvement with the Chrysler case will be a benefit to his campaign.
“I think that is very much going to play in our favor. I think most Hoosiers were opposed to seeing our pensioners getting ripped off, which is exactly what happened.”
In a speech at the Democratic Convention last Saturday, Buttigieg saw the issue playing differently.
“For most of us in the Hoosier State, impatience is an unfamiliar mood, because we by nature are patient people,” he said. “Our state was built on three great disciplines — the discipline of the farm, the discipline of the factory, and the discipline of the family — each inspiring patience in its own way.”
“We have run out of patience for ‘get rich quick’ schemes, wild speculation and reckless investments,” he continued. “No one can explain to me why the incumbent treasurer put our trust money in junk bonds and mortgage-backed securities, as if our state pensions were some kind of Wall Street hedge fund.”
So, Hoosier voters, you have an interesting decision to make about who will be our next treasurer.
“Bailouts” Not the American Way
This July 4th many Americans feel less independent than in years past. Despite picnics, parades, and fireworks, the long holiday weekend may not be celebrated with the enthusiasm of years gone by. Hoosiers are hurting, as well. Many have lost confidence as the Great Recession leads us to a new and frightening economic order. In such troubling financial times, it is good to understand the link between economic freedom and individual liberty.
Economic freedom is the foundation of independence. When we have the financial capability to live where we choose, to buy the home, car, computer, TV, and even health insurance that we desire, we know freedom. We exercise our freedom by making such choices. That constant, individual desire for the “pursuit of happiness” is the engine of capitalism and free enterprise, which is at the core of our American liberty.
As today’s federal government takes more and more of our liberty, through higher taxes and regulation, we are losing the “independence” that has made our nation the envy of the world. The patriots who fought the American Revolution did so to ensure a government with constitutionally limited powers, not to replace King George III with a massive central government of unlimited power. The founders would not, indeed could not, have envisioned a federal government whose purpose includes redistributing wealth, the “bailing out” of private corporations, or taking ownership of banks, auto manufacturers, and insurance companies.
The heroes of Lexington and Concord, who fired “the shot heard around the world,” didn’t do so because they wanted government run healthcare. Washington’s men didn’t suffer the frozen horrors of Valley Forge so they could help form a government that would regulate everything from the type of vehicle you drive to the amount of salt in your diet. These patriots knew that a government with unlimited power to tax, spend, and regulate was the very enemy of individual liberty.
All Americans should consider on this Independence Day that it is liberty, free enterprise, and the rights guaranteed by the Declaration of Independence and Constitution that have made our nation great and caused us to be recognized as the beacon of freedom for the world.
God Bless America.
The most frequent question I receive as State Treasurer of Indiana is, When will the economy turn around? No one really knows, and given the complexity of the economy it is impossible to predict. Hoosiers need to be fully aware of the economic problems we face not just because of the impact on our 401(k) savings plans but because of the long-term impact on our state and nation.
As Indiana's chief investment officer, I have a two-fold responsibility: to anticipate the economy in an effort to invest the states funds wisely and prepare Indiana for the future. Never have those tasks been more challenging because we are in uncharted financial territory.
If you think this recession is normal and the United States will quickly bounce back to lead the world onto recovery, I ask you to think again. We are in a different economic setting compared to any other point in the last 150 years.
At the time of every major economic recession of the past, the United States was the world's largest creditor nation, that is, other nations owed us more than we owed them. Today, we are the world's largest debtor nation utterly dependent on Asia to buy the bonds that must fund the workings of the U.S. government. Last year's trade deficit was almost $800 billion as we continue to ship our wealth abroad.
At the time of every major economic recession of the past, the United States had the greatest manufacturing capacity in the world. Today, much of our manufacturing industry has moved to Mexico, China, and India and has taken along with it the value-added process, which is improving raw materials and therefore adding value and creating wealth. The value-added process explains why Asian nations are now capable of buying our Treasury bills and government securities.
At the time of major economic recessions of the past, the United States was known as the business friendliest nation on earth. We openly welcomed and allowed entrepreneurs, investors, and creators to realize the value of their genius and industriousness. Today, we have the second highest corporate tax rate in the world, the most anti-business, litigious judicial system of any nation, and one of the most intrusive government regulatory environments on the planet. Want proof? Ask those American entrepreneurs who have moved their businesses and former-American jobs to Mexico, China and India. Ask them why they did so and you'll hear there is less cost and therefore less risk in opening a business overseas than here at home.
Despite these facts, optimism might still be possible if evidence showed that we had learned from the recent past and were dealing with the issues that brought us to this crisis. In fact, we are in a hole and were still digging.
Our staggering national debt is deepening and consequently our need to borrow is growing at an alarming rate. Manufacturers in the United Sates are accelerating their efforts to leave our shores because of fear that the federal government is going to place additional regulatory hurdles on industry as a whole. Proposals that would lead America to be dependent upon so-called green energy may sound appealing but will lead to even higher costs of production therefore making our products even less competitive in the global market place.
The problems, highlighted above, must be resolved before any genuine and permanent American recovery can take place. Anyone who suggests that our present trouble is nothing more than brief glitch in the business cycle is clearly uninformed.
Indiana State Treasurer Richard Mourdock Issues Investment Directive
as a Result of Losses Stemming from Chrysler Bailout
INDIANAPOLIS (May 18, 2009) Indiana State Treasurer Richard Mourdock announced effective
immediately that no portfolios under his control will make additional investments in secured corporate debt of
businesses that are receiving infusions of federal funds. In addition, Treasurer Mourdock is communicating his
message to Hoosier fiduciaries of public monies who might otherwise make investments in securities that can
be devalued due to the unilateral action of the federal government.
"I serve as the Trustee of the Indiana State Police Pension Fund and am responsible for investing the Major
Moves Construction Fund. Both of those funds suffered losses when the Obama administration overturned some
two-hundred years of established law by redefining secured creditors to mean something less, explained
Treasurer Mourdock. In the past, to be secured meant an investor was first in line in the event of a
bankruptcy and non-secured creditors would receive value after secured-creditors were paid. In the Chrysler
bankruptcy, however, secured creditors received $.29 on the dollar even as non-secured creditors received
higher values and ended up with a 55% ownership of the new company, which is fundamentally wrong and a
dangerous precedent to the capital markets.
Indiana's pensioners should not be punished as a result of investment managers making historically sound
decisions. The managers did nothing wrong, but the portfolios have been victimized due to the actions of the
federal government in the Chrysler bankruptcy. Losses have happened once, due to the action of the feds, and as
fiduciaries, we must be certain Indiana pensioners and portfolios are not victimized again. Henceforth, we will
not add to the portfolios secured debt from companies such as General Motors, other manufacturing
companies, or those insurance companies who have or will be receiving bailout funds. Given the recent actions
of the federal government, the risk is too great for any prudent investor to accept, clarified Treasurer
Mourdock.
Conservatively, the Indiana State Police Pension Fund lost $147,400 and the Major Moves Construction Fund
lost $896,000. Though not a fund managed by the State Treasurer's Office, the Indiana Teacher's Retirement
Fund suffered, at a minimum, a loss of $4,600,000 due to the action of the federal government.
"As Treasurer and as Trustee of public funds, I will continue to review and consider all options that are
available for the recovery of these monies, stated Treasurer Mourdock. "My message to all who are investing
on behalf of Indiana's retired public employees is the federal government will disregard Hoosiers interest as it
pursues unprecedented policies that strike at the heart of the capital system. We must act to protect funds
against the actions of the federal government."
A LETTER FROM INDIANA STATE TREASURER RICHARD MOURDOCK
When I opted to seek the office of Treasurer of State, I never intended to be a part of a national news story. But neither did I expect that I would ever see the United States government act in a way that would take money away from retired Hoosiers. But it has done so.
The Obama administration has arbitrarily abandoned more than 100 years of law. Long-established legal precedent dictates that secured creditors are the first to have their interests protected in a bankruptcy. But not this time. This time the administration said the law was less important than the urgency of the situation and they threw away the rights of those they called "greedy speculators" and "unpatriotic".
As The Wall Street Journal recently noted, retired Hoosier policemen and retired teachers are neither greedy speculators nor unpatriotic. They are hard working people who saved and expected their funds to be protected by those with the responsibility to do so. That is the essence of my job.
Indiana is the only party to intervene in the massive Chrysler bankruptcy. We are attempting to re-establish the rule of law that protects investors from arbitrary acts of government officials in depriving citizens of their property. It is a point of utmost importance.
Some believe Indiana should not have intervened in the bankruptcy. They feel the state is threatening the future of Chrysler. When we bought the millions of dollars of Chrysler bonds on behalf of retirees, we didn't do so hoping Chrysler would fail. We bought them so they might succeed. But the action of the federal government is wrong and cannot be ignored.
I take my oath of office and fiduciary responsibilities very, very seriously. Indiana's State Troopers, millions of Hoosier taxpayers and over 100,000 retired teachers have legal rights that are to be protected. As difficult as my actions have been I would have failed in my duties if I had not acted to intervene.
Sincerely,
Richard Mourdock
Indiana State Treasurer
Indiana State Treasurer Richard Mourdock Disappointed by Courts
Decision on Chrysler Bankruptcy; Files Appeal
INDIANAPOLIS (June 01, 2009) I am disappointed but not surprised by the ruling of Judge Arthur
Gonzalez regarding the bankruptcy sell of Chrysler, LLC. The court is determined to rewrite 150 years of law
defining secured creditor. It saddens me to see government conducted in this manner. In Judge Gonzalezs
opinion he stated, The debtors are receiving fair value for the assets being sold. Not one penny of the debtors
assets is going to anyone other than senior lenders. I find his statement to be very disturbing because the new
Chrysler Group will be in possession of Chrysler, LLCs best performing factories and dealerships. Fiat will
be controlling 20%, and the governments of the United States and Canada will be controlling 20% and 2%
respectively. Yet, our Indiana State Police retirees, Hoosier taxpayers, and Hoosier teacher retirees will only be
receiving $0.29 on the dollar for their position as secured creditors.
In addition, Judge Gonzalez did not even address the issue of the illegal misuse of TARP funds. The TARP
statutes clearly provide federal bailout money for financial institutions. Chrysler is not a financial institution
and therefore the use of federal TARP funds to leverage its sale to the governments preferred unsecured
creditors is illegal. I cannot stand by while the federal government treats our state police officers, teachers, and
taxpayers in such a manner. I have instructed our attorneys to appeal the decision made by Judge Gonzalez to
the U.S. District Court.
Have a comment? Send it here:
|
Floyd County
Republican Party - Floyd County, Indiana 2008 This website paid
for and authorized by the Floyd County Republican Central
Committee Dave Matthews, Chairman
|
|
*
*
* | |