Broken Promises
Projects Rejected
The $150 million Fulton County bond was supposed to change
that. Housing Authority records identified at least 31 potential
properties it could buy and use for low-income housing, and took
steps toward acquiring 12 of them. Anchor National, CDR and
JPMorgan Chase lawyers for the transaction took fees totaling
more than $5 million, according to an analysis of authority
records. No money from the housing funds was spent because none
of the proposed property purchases was approved.
``I can tell you it wasn't because of lack of effort by
Fulton County,'' says Andrew Patterson, the housing authority's
general counsel. ``Several projects were proposed, and they were
rejected by CDR.''
In 2004, the housing authority used the money to buy back
the bonds from investors and end the project.
CDR worked on the Fulton County bonds with Anchor National
Life Insurance, the same unit of AIG that had a secret deal in
the Gulf Breeze bond transactions in Florida, according to
Fulton County Housing Authority records obtained in Georgia open
records law requests.
Anchor National was paid $150,000 when the debt was sold by
JPMorgan and was given the authority to approve acquisitions
made with the funds. The insurance company also made about $1.3
million a year for insuring the bond, the records show.
Getting the Fees
Atlanta bond attorney Golden, who had worked on a deal with
CDR in the past, says CDR's managing director Stewart Wolmark
approached him about serving as the attorney on the Fulton
County transaction.
Golden says he was dubious of the deal. The transaction was
similar, he says, to a financing deal done by the Fulton County
Housing Authority when he served on the authority's board of
directors in the 1980s. In the previous suggested transaction,
credit insurance costs and closing fees made the funds from the
tax-exempt bonds more expensive than a bank loan, he says.
``At the end of the day, it was a black box deal so the
people involved could get fees,'' Golden says of the $150
million Fulton county housing transaction. ``It was obvious
that's what this deal was.''
While the bond provided no money for housing, it earned JP
Morgan Securities Inc., a subsidiary of JPMorgan Chase, $997,500
for underwriting the debt and an estimated $305,000 more during
the life of the 2 1/2-year program. Five law firms made $359,375
for their role.
AIG's Dual Role
As in Florida, AIG had two roles in the deal: It was
insurer of the bonds, and one of its units, SunAmerica Life
Insurance, had beaten five other bidders, including Zurich-based
UBS AG and JPMorgan Chase, for the right to reinvest bond
proceeds until they were needed to pay for apartment purchases.
SunAmerica agreed to pay the authority 0.74 percentage
point more than the bonds' rate, which changed weekly along with
benchmarks. In return, Sun-America could invest the money as it
chose. Housing Authority attorney Patterson says AIG's dual role
appears to him to be a potential conflict of interest.
``It should have been a concern,'' he says. Grey didn't
respond to telephone calls seeking comment about the potential
conflict.
Deal Falls Through
Bob Boyd, a former executive for Maitland, Florida-based
real estate firm NAI Realvest, sought to find properties for the
Fulton County authority to buy. Boyd negotiated an agreement for
the authority to pay $31.6 million for four complexes with a
total of 816 apartments, Fulton County authority records show.
CDR wrote a memorandum on July 8, 2002, saying it would allow a
loan of $18.4 million from the bond proceeds for that purchase.
Since that amount wasn't enough to buy the properties, the
deal fell through, and Boyd's group didn't buy any housing.
``We thought we had found properties that fit all the
criteria, but we could never get them approved,'' Boyd, 60, says.
``In a perfect world, they were perfect deals, almost. We were
puzzled.'' Boyd says he made 17 trips to Atlanta from Orlando in
about 18 months to scout properties before finally giving up.
By late 2003, authority officials were frustrated by the
failures. ``I have been involved in quite a number of
acquisitions, and I have not seen one like this where it is as
if the issue went into a black hole,'' wrote Lin Velarde, the
asset manager for the housing authority, in an Oct. 23, 2003, e-
mail to an official at an AIG affiliate.
No Disclosure
In 2004, after an IRS probe into whether the authority owed
federal taxes, the authority reached an unspecified settlement,
according to files obtained from Fulton County. The only details
in the records show that the authority had an agreement with AIG
barring the authority from disclosing anything about the
insurance company's role in the bond program.
As taxpayers in Florida and Georgia scorn the misuse of
bonds meant to improve housing and health care, citizens in
Illinois wonder what happened to $150 million in bonds the
Illinois Finance Authority, a state agency that funds public
projects, sold in 1999 to pay for computers in schools and
libraries.
Illinois, the fifth-largest state in population, ranked
33rd in providing public school students with computers and
connecting them to the Internet, according to a survey conducted
by Education Week magazine.
Computers for Kids
``We've struggled,'' says Barbara Clark, the principal of
Skinner Elementary School in Chicago. Skinner has fewer
computers than the state average -- about one for every five
students compared with the Illinois rate of one for every 3.8
pupils, according to state and school figures. Many of the
machines are aging and slow, Clark says.
The 1999 variable-rate bonds, which initially sold at an
annual interest rate of 3.3 percent, were supposed to make more
computers available to kids. The Illinois Finance Authority,
which is based in the state capital of Springfield, paid $1.4
million in fees to the underwriter, Kansas City, Missouri-based
investment bank George K. Baum & Co., and an additional $1.8
million to advisers and promoters.
The schools got almost nothing. Of the $150 million from
bond proceeds, a total of $833,000, or less than 1 percent, was
used for technology. The Illinois authority ended the program in
2002 and bought back the bonds to avoid having the IRS declare
them as taxable.
Randy Steinmeyer, whose 10-year-old son, Conrad, attends
fifth grade at the Skinner school, says he feels cheated because
the program promised much and didn't deliver.
``It's sad this equipment never made it to the classroom,''
says Steinmeyer, 46, an actor and freelance marketing executive.
``They had these grandiose schemes, and then you see that the
money never reaches where it's supposed to.''
Financial Advisor's Role
Daniel Denys, president of Austin Meade Financial, the
Illinois authority's financial adviser, says his firm developed
the program with honest intentions. Denys was also a principal
stockholder in Skokie, Illinois-based National Technology
Network Inc., which helped promote the bonds and was in charge
of handing out loans, according to bond documents.
He says Chicago public schools expressed interest in
borrowing all of the money and then backed out. Rising interest
rates also stifled borrowing, he says.
``It was a failure to realize a noble cause,'' he says.
``We stand by the work we did.''
The IRS began investigating the program in 2002 and says in
records provided by the authority that the program exploited
schools, while allowing financial firms to profit.
``In this case, the farce has been shown because there were
only two loan originations totaling $833,000 out of a bond issue
of $150 million,'' the IRS wrote.
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