More Climategate E-mails

The anonymous source calling himself "FOIA" has released another trove of e-mails of the fraudulent climate campaigners sometimes known as the "Hockey Team" -- the likes of Mann, Jones, Bradley, Hughes, Briffa, Trenberth, Ammann, Wohl, Hansen, Schmidt, et al.  The release comes via sending a password to a select list of climate bloggers, ​including Steve McIntyre (climateaudit.org), Anthony Watts (wattsupwiththat.com), Andrew Montford (bishophill.squarespace.com), and Tom Nelson (tomnelson.blogspot.com).  (If you don't check all of these blogs regularly, you should.)

Along with the password came a letter from Mr. FOIA, not giving his name, but containing a long statement of his motivations for what he has done.​  I don't know who he is, but he certainly sounds a lot like me. 

If someone is still wondering why anyone would take these risks, or sees only a breach of privacy here, a few words…  The first glimpses I got behind the scenes did little to  garner my trust in the state of climate science — on the contrary.  I found myself in front of a choice that just might have a global impact.  Briefly put, when I had to balance the interests of my own safety, privacy\career of a few scientists, and the well-being of billions of people living in the coming several decades, the first two weren’t the decisive concern.
It was me or nobody, now or never. . . .  Most would agree that climate science has already directed where humanity puts its capability, innovation, mental and material “might”.  The scale will grow ever grander in the coming decades if things go according to script.  We’re dealing with $trillions and potentially drastic influence on practically everyone. . . . It makes a huge difference whether humanity uses its assets to achieve progress, or whether it strives to stop and reverse it, essentially sacrificing the less fortunate to the climate gods.

I'm particularly taken by that last line.  The thing that I most can't understand about the climate campaign is how the so-called "progressives" -- the New York Times, the Washington Post, the left-wing bloggers -- are totally willing to sacrifice the poor of the world to a life without electricity to appease the green climate gods.​

FOIA admits that he has not gone through all of the 200,000+ e-mails in this collection, and is looking for others to do it.  It could be a long process of drip, drip, drip as careful readers put together pieces of the puzzle.​

The Fundamental Unseriousness Of The Federal Spending Charade

With the Federal deficit set to shrink this year, just maybe, to a tad under a trillion dollars (not counting, of course, the Social Security/Medicare accrual of multi-trillions that must not be discussed in polite company), perhaps we should check in on the state of the debate over next year's budget.  Big news:  the Senate has actually made a budget proposal for the first time in four years!  The President, required by law to put forth his own budget proposal by the first Monday in February, hasn't done it; but there's talk that he might actually produce a budget this year, perhaps as early as April.  Could this mean there is actually a sense of seriousness in Washington?

No.  ​In the humble opinion of the Manhattan Contrarian, the Federal government's spending and commitments to future spending need to shrink by about half.  Nobody dares even mention that.  Last night Sean Hannity had Paul Ryan as his guest for an extended interview to talk about the "bold" Republican House budget plan.  Bold?  Both Hannity and Ryan immediately began emphasizing that there was no suggestion here of actual cuts in government spending or commitments.  Instead spending under this plan would increase by 3.4% per year, a good deal faster than the economy has been growing in the current "recovery."  But there won't be any tax increases!!!!!  Well, exactly how does tax revenue increase faster than economic growth without tax increases?  The answer is inflation plus bracket creep, which in my view is tax increases of the most insidious sort.  I don't mean to be too harsh on Ryan.  To his credit, he does propose substantially to de-fund the black hole of Obamacare.
 

But even as Ryan and his team try to put the slightest limits on the spending gusher, it just takes a little reading of the news to see the infinite credit card mentality rolling on.   Start with the President's State of the Union Address:  With no idea how much Obamacare is going to cost, he just goes on to propose another huge Federal program, universal pre-K.  No price tag given for that either -- budgets are for babies! 

​On March 12 the Agriculture Department released data showing that food stamp recipients reached an average of 46.6 million in 2012, up from just 26.3 million in 2007.  The program now runs over $80 billion per year, metastasizing on autopilot like all the other entitlements.

In this morning's New York Times, we have Senator Jay Rockefeller, Democrat of West Virginia, proposing a big increase in Federal funding to speed up internet connections in elementary and secondary schools.   “'As every educator knows, digital information and technology will continue to play an increasing role in education, so we need to think about how we are going to meet the broadband infrastructure needs of our schools and libraries,' Mr. Rockefeller said."   ​In Mr. Rockefeller's world, the term "think about" something means only one thing, namely, have the Federal government write a big check without ever giving a moment's thought to where the money comes from.

Or here in my e-mails this morning, Mark Alcott (partner of my next door neighbor law firm Paul Weiss, former President of the New York State Bar Association, member of House of Delegates of the American Bar Association) touting the successful efforts of the New York delegation to the ABA to get that organization to lobby to avoid any cuts to the Federal courts or to the Legal Services Corporation from the "sequestration."  LSC is just lawyers lobbying for more money for lawyers as far as I can see.  Does Mr. Alcott think he has any obligation to specify what should be cut if his pet causes should not?  Of course not.

But here is my favorite one of the day:  Senator Schumer announces where a couple of billion dollars of the Hurricane Sandy relief money will go.​  How about $750 million for "beach restoration" for the 83 miles from Fire Island to Montauk?  Well, $750 million is just a rounding error in this exercise, but am I really the only one offended by this giveaway to the very richest people in America, the Long Island oceanfront homeowners?  They were trying to get this money from the Feds back when I owned a house there in the 90s.  The Clinton Administration, to its credit, said no.  Now, with Hurricane Sandy, we can use those sad Staten Islanders as cover to sneak through $750 million for the richest of the rich. 

As I say, it's just fundamentally unserious.​

Does It Really Count As Law Any More?

Steven Hayward at the Powerline blog has a picture today, released from the office of Mitch McConnell, of the regulations released so far​ under Obamacare piled up in a stack and wrapped in a bow.​  The stack is a lot taller than you are. 

The problem of course is that it is physically impossible for the citizenry to read all this stuff and attempt to comply.  When we have reached that point, in what sense is it really "law" any more?  The concept of "law" only works to the extent it is reasonable to expect the citizens to be aware of what the law is and to live within it.  ​

Well, my two sentence understanding of Obamacare, which is about how much you can expect an informed citizen to have, is that the dumbest thing you could do is comply with it.  Supposedly, everyone is now going to be required to have health insurance.  Oh, but the health insurance is going to cost a lot more than the penalty for not having it.  Oh, and also, if you don't have it, you can just wait until you get sick and then buy it.​  We might as well just declare 100% of all Americans to be lawbreakers.  It couldn't be more obvious that this is going to be a disaster.  The only question is whether it will crash and burn on Obama's watch, or whether he can escape in the great tradition of give-away-promising politicians everywhere and leave the disaster to his successor.

The SEC Catches Up To One Of The Small Fry

The Wall Street Journal has the story on this morning's front page:  The SEC has caught one of the biggest crooks in the sale of billions of dollars of fraudulent securities.  The crook?  It's the state of Illinois!  The problem?  Disclosures relating to the extent of its pension obligations.

Here is a link to the SEC release, which in turn links to the consent order.​ 

An SEC investigation revealed that Illinois failed to inform investors about the impact of problems with its pension funding schedule as the state offered and sold more than $2.2 billion worth of municipal bonds from 2005 to early 2009. Illinois failed to disclose that its statutory plan significantly underfunded the state’s pension obligations and increased the risk to its overall financial condition. The state also misled investors about the effect of changes to its statutory plan.

Good thing that the people who missed Madoff are starting to catch up to the Manhattan Contrarian in noticing the huge problems in pension disclosures in at least one state.  ​Perhaps they might notice the problems of California, New York and many others some time soon?  Why not -- this is free grandstanding.  Bondholders who weren't already aware of Illinois's pension problems should probably be declared too dumb to be allowed to invest.  The SEC settlement contains no penalties, of course.  Also, no admission of wrongful conduct.  Just a list of so-called "remedial measures," including such powerful remedies as "provid[ing] a hyperlink to a February 2009 COGFA monthly briefing in which COGFA provided certain negative information regarding . . . the State's pension system assets," and "commission[ing] a Pension Modernization Task force to evaluate the benefit structure, costs, and funding of the State's pension systems."  Yup, that'll work.  Meanwhile, the state legislature has met repeatedly to address the funding shortfall issue, and has very pointedly done exactly nothing about it so far.  But, in the SEC's defense, that's not their issue.

Meanwhile, in the grand Keystone Kop tradition of missing Madoff, can the SEC please explain why they haven't noticed that the Federal government's disclosures of its own pension and retiree obligations, aka Social Security and Medicare, is misleading to the tune of multiple tens of trillions of dollars?  (By contrast, the Illinois Policy Institute puts the underfunding of Illinois pensions in the range of $85 billion -- around 0.1% of the size of the Federal problem.)  As a potential investor in Treasury securities, the amount of the unfunded liability for Social Security and Medicare is number one at the top of my list of what is absolutely essential to know.  Well, of course, there is the even bigger fraud in Federal accounting, namely counting all Federal expenditures on goods, services and salaries as a 100 cent on the dollar increase in GDP.  But I guess that one doesn't go to its own solvency. 

State And Local Government Financial Data Are Also A Problem

The series over the past week on fraudulent government economic data focused on data published by the Federal government, the reason being that most of the economic data for the U.S. come from the Federal government.  But the state and local governments put out substantial amounts of data too, mostly about their own financial condition.  What is the level of trustworthiness there?  Not good.​

​Thankfully state and local governments have much less ability to practice financial fraud than the Feds, in part because they have restrictions on the incurring of debt, in part because they have statutory or even constitutional balanced budget requirements, and in part because they can't print their own currency to pay their debts.  But like all politicians, state and local pols have powerful incentives to use the public fisc to pay off favored constituencies today while hiding what they are doing from the voters, thus allowing obligations to accumulate out of view to spring upon the next generation after those who took on the obligations are long gone.

If your goal is to pay off your political supporters while not revealing for many years the obligations you are incurring, then probably the perfect vehicle for you is the defined benefit pension plan.  In a state or local government defined benefit pension plan, the sponsoring entity takes on obligations that are not due to be paid for 10, 20 or even up to 80 years.  It is perfectly appropriate that the obligations due many years out are valued today based on a discount rate, the idea being that you can put money aside today against the discounted value, and the money will then earn the assumed rate of return over the years, resulting in sufficient funds to pay the obligations when they come due.  Nothing wrong so far. 

Now just think like a politician for a moment.  The higher the discount/return rate that you assume, the lower today's liabilities will appear to be.  If you assume an aggressive rate of return today, then you can promise generous pensions while putting aside little money to fund them.  However, when the markets fail to produce the assumed rate of return, required contributions will gradually accelerate, but over many years.  With any luck, you will be long gone.​

The states with the worst pension problems today are probably Illinois, California and New Jersey, in that order.  New York is not far behind.  (Does anyone notice that these states have in common their deep blue politics?)  Anyway, I'll use New York City as an example, because I live here and I follow it closely.​

New York City has five main pension funds for its workers:  New York City Employees' Retirement System (ERS), New York City Teachers' Retirement System (TRS), New York City Police Pension Fund (Police), New York City Fire Department Pension Fund (Fire), and New York City Board of Education Retirement System (BERS).​  All have long assumed an 8% discount/return rate for valuation purposes.  Such returns can only be had in the stock market or even riskier investments like hedge funds, and any such investments can go down as well as up.  In fact, the stock market, after recent large gains, is only now approaching the records achieved in early 2000 -- that's 13 years with no gains whatsoever, against the 8% assumption.

​What's the result?  In fiscal 2002, when the contributions were set based on the stock market values in 2000, New York City made required pension contributions of right around $1 billion, which was about 2.5% of a budget of then about $40 billion per year.  By 2012, with the stock market flat for a decade, required contributions had soared to $8.4 billion out of a budget now at $70 billion -- 12% of the total. 

In 2012 Richard North, chief City actuary, issued a report recommending lowering the assumed discount/return rate all the way to 7%.  Believe it or not, it takes an act of the state legislature to make that change!  A bill was presented in the 2012 session of the legislature, and it never came to a vote.  I guess the legislators understand where their interest is on this matter, namely continuing to keep the public in the dark.​

In his actuarial valuations for the funds that came out in October 2012, North went ahead and used the rogue 7% rate.  The result was to reveal dramatically lower funding levels than previously advertised using the 8% rate:  ERS funding went from 78.6% funding to 64.2%; TRS from 64.1% to 58.9%; Police from 71.3% to 60.1%; Fire from 56.8% to 48.2%; BERS from 68.7% to 57.8%.  ​

But isn't even 7% rather aggressive for a public pension fund?  In a very valuable blog, John Murphy, the long time (1990 - 2005) Executive Director ​of ERS, commenting on the dramatic declines in funding resulting from use of the 7% rate, wrote on January 9, 2013 as follows:

The historical rate of return on stocks is 6.8% and for bonds it's 3.5%. Actuaries should not be playing with these rates. A standard prudent pension plan should operate within a 50/50 range of stocks and bonds depending on the level of annual benefit payments that the plan is required to make. A 5.15% interest rate should be almost a mandatory upper limit for interest rate assumptions.

We outsiders don't have the data available to make a precise calculation, but based on average funding declines of close to 10% resulting from a 1% drop in assumed discount/return, it would be a good bet that taking the assumed return rate down to 5% would cause further declines in the funding ratio in the range of 15-20%, dropping funding ratios into the mid-30s to low 40s.  Or to put it in dollar terms, the five funds have total assets of around $105 billion.  Valued at 7%, the actuary put their liabilities at around $171 billion.  Valued at 5%, those liabilities are likely to be more like $250 - 300 billion.  In short, there are huge, huge increases coming in the required pension contributions.  While the data to figure this out are publicly available, they can be quite hard to fine.  Few people know about it.​

PS.  I have submitted an op ed to the New York Times on this subject.  They say they are going to run it, but they have been sitting on it for months.​

All Of The Government's Important Economic Data Are Fraudulent -- Part III (Social Security and Medicare)

Between and among the big three pieces of government economic data under consideration here (GDP, the poverty rate, and the accounting for retiree pension and health care obligations) it's hard to know which one is the most fraudulent.  But if the criteria are the very size of the fraudulent mis-statement of numbers and the degree to which the truth is hidden so as to be near impossible to figure out, the accounting for pension and health care obligations has a good claim to be the worst of all.​

The accounting for pension and health care obligations is part of the government's income statement, most often cited in the context of the annual deficit.  Almost everyone is familiar with the regularly-cited deficit numbers, which in the recent Obama years have been running at something over $1 trillion per year.​  Is that a number we can trust?

The answer is, of course not.  If you give just the most superficial look to the government's accounting that produces this number, you know that it is nearly pure cash in cash out accounting.  That means that the "deficit" for say 2012 is the difference between the government's cash receipts in 2012 and its cash expenditures in 2012.  The accounting was put in place back in the nineteenth century, when the main businesses of the government were things like the army, the state department, the justice department and the courts.  Pure cash accounting made a good deal of sense for those kinds of activities.  Then, starting in the 1930s and accelerating ever since, the government changed its businesses until today its main lines of business are Social Security, Medicare and Medicaid.  In other words, today the government is mainly a gigantic provider of annuities and health care, mostly for retirees.  Is pure cash in cash out accounting in any way appropriate for such an enterprise?  Not even remotely close.​

What we now have is entirely like a life insurance company selling policies to 20 and 30-somethings, finding that no policyholder dies in the year, declaring all of the premium money to be "income" and paying it all out to the shareholders as a dividend, and not even making a record of how much are the obligations being accumulated that will have to be paid out when the policyholders get old and die.  Of course, any executives of a private insurance company that tried this would promptly go to jail.  There is an entire industry of accountants and actuaries that exists for insurance companies to make reasonable calculations of the future obligations being incurred so that they can be provided for over time.   The key difference between what the private companies do and what the government does is the calculating of accruals for the prospective and inevitable liabilities.

As for the government, it's not just that they report their numbers in a completely inappropriate way, but in all the vast amount of information that they put out, you cannot find any mention of an appropriate accrual for the insurance-like liabilities.  ​Private citizens do not have all the data needed for the calculations, and can only make rough approximations.  But it is clear that the numbers are huge.  In an op-ed in the Wall Street Journal last November 26, Chris Cox (former Chairman of the SEC) and Bill Archer (former Chairman of the House Ways and Means Committee) estimated that an appropriate annual accrual just for the two largest government insurance programs, Social Security and Medicare, would be $7 trillion per year.  They didn't say what assumptions went into that number or who produced it for them.

But if the number is even in the right range, then the real deficit is not the +/- $1 trillion reported by the government, but more like $8 trillion.  Do you think that can be fixed by higher taxes?  Just for comparison's sake, the total amount of Adjusted Gross Income reported on all tax returns to the IRS in 2010 (most recent year available from the Tax Foundation) is ​$8.040 trillion.  Not much left there to live on.

Now that's a pretty major fraud!  Do you hear anyone talking about it?​