Monthly Archive for April, 2010

Ray Lucia Defamation Threat

Investor and local radio talk show host Ray “Buckets of Money” Lucia has threatened to sue me for $300,000 for defamation over a blog post I wrote last month.

Robert K. Butterfield, a San Diego attorney, is outraged that I dared to besmirch the good name of Raymond J. Lucia, who dispenses financial wisdom on a daily radio show in several big media markets. This is after all the same man actor Ben Stein recently described in an opinion piece in The New York Times as a “stock guru.”

Attorney Butterfield insists that I must stop pointing out Lucia’s relationship to San Diego-based First Allied Securities, which recently agreed to pay nearly $2 million to settle U.S. Securities and Exchange Commission charges that it failed to supervise one of its employees.

He also demands that I never again repeat the blasphemy that fees for Lucia account run as high as 2 percent, paid quarterly in advance. (Lucia Defamation Threat Letter)

Your statement that Mr. Lucia’s company has never charged a management fee of 2% is completely false and another intentional malicious act. His company has never charged a management fee of over 1% even though they have the ability to charge up to 2% — but you did not bother to check this — did you?

Even though Lucia’s own SEC disclosure plainly states “The standard annual managed fees for RJL [Raymond J. Lucia] Adviser Directed accounts are 2 percent,” Attorney Butterfield has a point. Fees for one “wealth management” program pushed by Lucia actually run as high as 2.9 percent

That is an eye-popping number. It’s about half of the compound rate of return of the Dow Jones Industrial Average for the past 50 years. That fee is assessed on the entire value of whatever you invest with Lucia, even if he loses money. It makes me wonder whose wealth is really being “managed” here.

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SD Co. pension responds to my story

Lee Partridge, the investment consultant for the $7.2 billion San Diego County retirement fund, responded at yesterday’s board meeting to my story that appeared April 4 in the Voice of San Diego about the fund’s $2.5 billion bet on leveraged Treasuries.

Lee and I spoke this morning and he sent along the written response that he presented to the board, which appears below. You can also watch his presentation at yesterday’s board meeting by clicking here.

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Ex-UT Veteran Edits A Second Pulitzer Story

If they gave out Pulitzers for editing, Susan White, who left The San Diego Union-Tribune in 2007, would have collected her second yesterday.

Susan White

White is now in New York at ProPublica, the online investigative site, where she edited Sheri Fink’s story that claimed a Pulitzer for investigative reporting. This is the first time an online site has won journalism’s top honor.

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Ex-NYMet Kevin Mitchell Owes $5m in Taxes

The San Diego Business Journal notes that outfielder Kevin D. Mitchell, the 1989 National League MVP,  is No. 6 on the state’s list of the biggest tax debtors.

California says that Mitchell, a San Diego native, owes $5,184,641.51 in taxes.

Mitchell was drafted by the the Mets in the 1980s and was a member of the 1986 world championship team. He spent half a season with his hometown Padres before being traded to the Giants. In 1989, he made this legendary catch.

Mitchell was notorious for his off-the-field behavior. Mets pitcher Dwight Gooden wrote in his 1999 autobiography, Heat, that he witnessed Mitchell decapitate his girlfriend’s cat with a 12-inch knife. Mitchell denied it.

PSI Hearings on WaMu Next Week

I wrote this story in The American Lawyer (.pdf) last year on the U.S. Senate’s Permanent Subcommittee for Investigations, which is one of a handful of congressional committees that defense lawyers in D.C. actually take seriously.

Lawyers joke that PSI stands for “pretty scary investigations.” If you’re getting pulled before the PSI, a criminal indictment may not be far off.

As I reported, everyone knew the PSI would be investigating the financial crisis. The question was: Who was the target?

Next week, the PSI will hold hearings on Washington Mutual Bank.

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The Golden State (for Workers’ Comp)

From an excellent story in The New York Times: 

Retired N.F.L. players have flocked to California in recent years as word has spread about its workers’ compensation system. The state is believed to attract more football-related claims than all other states combined because of two quirks that suit them perfectly.

Most states require workers’ compensation claims to be filed within one to five years of the injury; California’s statute of limitations does not begin until the employer formally advises the injured worker of his or her right to workers’ compensation. N.F.L. teams have almost never brought up workers’ compensation — hoping to avoid even more claims, several lawyers said — so long-retired players can file for injuries sustained decades ago. Dozens of veterans from as far back as the 1960s and ’70s, including the star San Diego Chargers wide receiver Lance Alworth, who retired in 1972 and turns 70 in August, have California cases pending.

California’s other crucial wrinkle requires a professional athlete to have played only one game of his or her career within state borders to file a full claim for cumulative injuries. The law derives from California’s desire to protect outside workers who temporarily pass through the state, like truckers or flight attendants.

Leroy Thompson is an example of how the concept operates to athletes’ advantage. A reserve running back for four non-California teams from 1991 to 1996, Thompson qualified for California workers’ compensation because 4 of his 80 regular-season games were played there. In January, he accepted a $120,000 lump sum to settle his claim. His original 2008 filing asserted cumulative injuries to his “head, neck, back, spine, shoulder, hips, elbows, wrists, hands, legs, knees, ankles, feet” and other body parts.

Leveraging Your Retirement

You’ve probably heard of financial leverage. It’s the stuff that brought down once-mighty investment banks like Lehman Brothers and Bear Stearns.

But what is it? Why is it so dangerous?

And why is a San Diego County retirement fund using $2.5 billion worth of it?

You can read the answers here in my latest story on Voice of San Diego.

The Incredible Bread Machine

I read a lot of economics and finance blogs and one of my favorites is Tyler Cowen’s Marginal Revolution.

Cowen, a voracious reader, recently listed the books that have influenced him most.

Second on the list was The Incredible Bread Machine (available online) “This was the first book I ever read on economics and it got me excited about the topic,” Cowen wrote.

I had never heard of it before, so I ordered a copy online. It’s a libertarian manifesto of sorts, and while I don’t agree with everything in it — I don’t think that free markets are a panacea for everything, for one — the book is well-written and I can see how thought provoking it might be for a young reader.

Surprisingly, the book was published in 1974 right here in San Diego by the Campus Studies Institute of an organization with the vaguely cult-like name of World Research, Inc.

I had never heard of World Research before, so I tracked down Susan Love Brown, one of the authors of The Incredible Bread Machine, who is now an anthropology professor in Florida.

Brown told me that World Research was a non-profit educational foundation that promoted libertarian principles to high school and college students. It was founded by the late Ted Loeffler in San Diego’s Sorrento Valley.

Loeffler was an interesting character. The New York Times visited him in 1966 at the offices of his organization, then named Constructive Action, which the newspaper called “one of nation’s most aggressive, if little-known, conservative groups.” Loeffler was in the midst of a push on college campuses, distributing anti-Communist books like None Dare Call It Treason. He convinced that America was headed for totalitarianism.

The Times noted that Loeffler was a private man, who preferred to let the ideas and books he was promoting do the talking for him. 

Loeffler founded World Research Inc. in 1969. Susan Love Brown went to work there in 1974, the year The Incredible Bread Machine came out. World Research acquired the rights to the original book by Richard Grant and updated it and shortened it. It was Grant who suggested that Brown and her five co-authors put their names on the book.

Brown was 26 at the time, which made her the oldest of the group (the youngest was 23). The goal was to engage young people on their own terms:

At the time that we wrote the book, I would say that two of us were libertarians, two conservatives, and two liberals, so we represented the spectrum.  We were found by Mr. Loeffler in various ways and all came together to work in this very creative place.  Since then, we have all gone our own ways, although some of us are still in touch.  At the time that the book was written, I was a member of the Libertarian Party of California.  I had founded the Libertarian Party of Kentucky back in 1972 and then moved to California.  I don’t belong to any political party at the moment and haven’t for years.  I still believe in freedom, both civil liberties and economic freedom, and I am a political and psychological anthropologist.  But I didn’t become an anthropologist until many years after I worked at World Research, Inc.

In the preface, the authors said they were motivated by “global economic insecurity,  a widespread decline in personal freedom and our own desire for job security.” Resumes were available on request.

The Incredible Bread Machine doesn’t condescend to its young target audience. It assumes they can understand concepts like taxes, monetary policy, and bank reserves if these things are clearly explained.

After the book came out, they also made a film. It’s available on YouTube and stars a young Susan Love Brown and her co-authors. She said the film was a success, and the money was plowed back into the foundation.

World Research no longer exists. It folded in the 1980s. Brown said her years there were a kind “golden age” in her life.  She hated to leave work because it was so much fun to work there.

Among the other authors, one is engaged in property management, one is a writer of books on gardening, one became a lawyer, and the other two I have lost track of.  I am the only one who became an academic.  I don’t think any of us majored in economics; however, we learned a lot about economics from reading and hanging out with some of the best economists in the world.  (At one point, we actually made a film with [Austrian economist] F. A. Hayek.)

No economists among them, but their lucid explanation of the “dismal science” inspired at least one future economics professor in a young Tyler Cowen, and probably others as well.

How many future anythings will the modern “defenders of freedom” like Glenn Beck, Rush Limbaugh, Michael Savage, or the rest inspire?

Loeffler saw that books, clear writing and ideas will have a much bigger impact on a young mind. Especially if it’s young people communicating with young people.

What a novel idea.