California Enacts Emergency Legislation to Address Pay-to-Play and Public Pension Funds

Allen Matkins
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Recent news stories have featured allegations of "pay-to-play" arrangements at public employee pension funds. A pay-to-play arrangement involves directing some benefit to a pension fund official in order to obtain fund business. A direct bribe is the most obvious form of pay-to-play. However, pay-to-play arrangements are often indirect or disguised. Often they are funneled through intermediaries known as "placement agents". Investment advisers and others seeking fund contracts or investments hire placement agents to help secure those deals. Not surprisingly, pay-to-play arrangements raise serious questions about whether pension fund officials are making decisions in the public interest or in their own self interest.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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