{"id":41574,"date":"2012-07-20T07:56:29","date_gmt":"2012-07-20T13:56:29","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/?p=41574"},"modified":"2012-07-23T07:34:37","modified_gmt":"2012-07-23T13:34:37","slug":"nmfa-needs-to-answer-questions-now","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2012\/07\/nmfa-needs-to-answer-questions-now\/","title":{"rendered":"NMFA needs to answer questions \u2013 now"},"content":{"rendered":"<div id=\"attachment_41575\"  class=\"wp-caption module image alignright\" style=\"max-width: 270px;\"><img loading=\"lazy\" decoding=\"async\" class=\" wp-image-41575 \" title=\"Heath horizontal\" src=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2012\/07\/Heath-horizontal5.jpg\" alt=\"Heath Haussamen\" width=\"270\" height=\"256\" \/><\/a><p class=\"wp-caption-text\">Heath Haussamen<\/p><\/div>\n<h4>As investigators scramble to figure out what\u2019s going on at the New Mexico Finance Authority, and NMFA officials claim they were duped by a rogue employee who created a fake audit but say little else, there are questions the agency can \u2013 and needs to \u2013 answer now.<\/h4>\n<p>There was a lot of debate this week about whether the <a href=\"http:\/\/www.nmfa.net\/NMFAInternet\/\" target=\"_blank\">New Mexico Finance Authority<\/a> should proceed with the hiring of an independent investigator from outside the state to get to the bottom of <a href=\"http:\/\/www.nmpolitics.net\/index\/2012\/07\/nmfas-fraudulent-audit-is-a-big-deal\/\" target=\"_blank\">its fraudulent audit<\/a> in an attempt to calm Wall Street\u2019s fears.<\/p>\n<p>Ultimately, State Auditor <a href=\"http:\/\/www.saonm.org\/about_hector_balderas\" target=\"_blank\">Hector Balderas<\/a> and Gov. <a href=\"http:\/\/governor.state.nm.us\" target=\"_blank\">Susana Martinez<\/a> are pleased that the NMFA Board cancelled the $1.275 million contract with the Washington law firm <a href=\"http:\/\/www.steptoe.com\/\" target=\"_blank\">Steptoe and Johnson<\/a> and subcontractors. Both essentially argued that Balderas\u2019 special audit and law enforcement probes should come first \u2013 and NMFA had been putting its independent probe before those.<\/p>\n<p>Balderas also told the NMFA Board during a special meeting on Wednesday that it could recommend to his office an outside firm to help, and it appears that will happen. The same firm may be rehired \u2013 just under new terms agreed to by Balderas.<\/p>\n<p>The shift came after Balderas told the NMFA \u2013 basically the bank for government agencies in New Mexico \u2013 that it hadn\u2019t complied with state regulations that required it to notify the auditor in writing of the facts surrounding the fraudulent audit, to recommend an outside auditor to complete the still-lingering 2011 audit, to immediately provide a list of NMFA bank account numbers and authorization to access the accounts, and to provide the auditor with the scope of Steptoe and Johnson\u2019s planned investigation.<\/p>\n<p>Balderas told NMPolitics.net he\u2019s \u201cpleased with the leadership of the board,\u201d which \u201cis now heading in the right direction in getting the agency in compliance with state law.\u201d<\/p>\n<p>Martinez spokesman Scott Darnell said the governor, who appoints the majority of members to the NMFA board, \u201cthinks that process should be very open, and believes NMFA should cooperate fully with law enforcement and the state auditor at every turn.\u201d He said the board\u2019s move to cancel the contract and work with Balderas \u201cshould send a strong message about how serious the matter is being taken.\u201d<\/p>\n<p>Sen. <a href=\"http:\/\/www.nmlegis.gov\/lcs\/legdetails.aspx?SPONCODE=SPAPE\" target=\"_blank\">Mary Kay Papen<\/a>, who heads the NMFA Oversight Committee, wasn\u2019t impressed. Long a fan of Balderas, she said she\u2019s not concerned with the competence of his office. But she said Wall Street experts have advised that the state needs to bring in outside help, and New Mexico needs to take that advice. She had previously called for the NMFA Board to <a href=\"http:\/\/www.nmpolitics.net\/index\/2012\/07\/legislators-want-multiple-nmfa-reviews\/\" target=\"_blank\">uphold the $1.275 million contract<\/a>.<\/p>\n<p>\u201cWe want to make sure that our money is safe and what we\u2019re doing is safe,\u201d Papen said, adding that she hopes Steptoe and Johnson is rehired.<!--more--><\/p>\n<p>I honestly don\u2019t know who\u2019s right, but I know the stakes are high. Wall Street has put the state on notice that its credit rating could be downgraded. If it is, New Mexico will have to pay higher interest rates to borrow money for public works projects including roads and schools. That means taxpayers will have to pay more for each project, which ultimately means fewer projects will be built.<\/p>\n<h3>Lots of questions to answer<\/h3>\n<p>What I do know is that NMFA has a lot of questions to answer \u2013 to the taxpayers, to Wall Street, to investigators, to everyone. Some of them it should be able to answer immediately, but to date it has not.<\/p>\n<p>Among the questions:<\/p>\n<ul>\n<li>The fraudulent audit (which you can read <a href=\"http:\/\/nmpolitics.net\/Documents\/2011NMFAAudit-Fraudulent.pdf\" target=\"_blank\">here<\/a>) says an exit conference was held with the firm conducting the audit on Dec. 10, 2011. Board member Paul Gutierrez has already said publicly such a conference <a href=\"http:\/\/www.therepublic.com\/view\/story\/469551dd563f4472a032d7252a1d20bc\/NM--Faked-Audit\" target=\"_blank\">never took place<\/a>. And minutes of the board\u2019s December 2011 meeting state that the audit committee never met that month. What of those officials who should have attended such an exit conference? If none happened, why didn\u2019t they notice it needed to take place and had not?<\/li>\n<li>The fraudulent audit was posted on NMFA\u2019s website and circulated on Wall Street for months, but in May, the auditor\u2019s office flagged the agency as being late on its audit because none had been submitted to it as required by law. Why did no one at NMFA notice that it was providing an audit to Wall Street while failing to submit it to the state auditor? Why did the fake audit remain on NMFA\u2019s website until last week, when the agency had been flagged two months earlier for not turning in an audit?<\/li>\n<li>As others have written (<a href=\"http:\/\/www.abqjournal.com\/main\/2012\/07\/19\/news\/nmfa-fake-audit-had-clues-2.html\" target=\"_blank\">here<\/a> and <a href=\"http:\/\/newmexico.watchdog.org\/14947\/the-cheap-forgery-that-may-cost-new-mexico-millions\/\" target=\"_blank\">here<\/a>), the audit contains obvious red flags that, in retrospect, make pretty clear that it\u2019s not real. Why did no one at NMFA notice?<\/li>\n<li>There are monetary differences between the <a href=\"http:\/\/www.saonm.org\/media\/audits\/385_NM_Finance_Authority_FY2010.pdf\" target=\"_blank\">valid 2010 audit<\/a> and the <a href=\"http:\/\/nmpolitics.net\/Documents\/2011NMFAAudit-Fraudulent.pdf\" target=\"_blank\">fraudulent 2011 audit<\/a>. Again, how did this go unnoticed?<\/li>\n<\/ul>\n<h3>At best, shocking negligence<\/h3>\n<p>You\u2019ll notice I\u2019m giving NMFA the benefit of the doubt in saying this all went unnoticed. It\u2019s certainly possible that something more nefarious happened \u2013 that, despite NMFA\u2019s attempts to put all the blame on a rogue controller, there was a larger conspiracy. I\u2019m not alleging that, I\u2019m just mentioning it as a possibility.<\/p>\n<p>That possibility is why NMFA needs to do a better job of communicating with Balderas and other investigators, and with the public and Wall Street. Immediately. How are we to know this agency wasn\u2019t involved in massive, fraudulent activity and a widespread cover-up? As Balderas pointed out, we currently know nothing about NMFA\u2019s financial health \u2013 or lack thereof.<\/p>\n<p>The fraudulent audit itself may be a crime, and the head of the state Securities Division, which <a href=\"http:\/\/www.therepublic.com\/view\/story\/469551dd563f4472a032d7252a1d20bc\/NM--Faked-Audit\" target=\"_blank\">is investigating<\/a>, says, \u201cwe have already determined that fraudulent activity was not limited to the audit report alone.\u201d<\/p>\n<p>Right now NMFA\u2019s only answer seems to be that it doesn\u2019t know what happened or how and that it was deceived by a rogue employee. If that\u2019s the case, it appears others at NMFA are guilty of, at best, shocking negligence.<\/p>\n<p>Let\u2019s hope taxpayers don\u2019t end up paying the price for that. Martinez, Balderas, Papen and others all want to calm Wall Street\u2019s fears before the state\u2019s credit rating takes a hit. Let\u2019s hope they can work together to move forward despite their current disagreement on how to do it.<\/p>\n<p><a href=\"http:\/\/nmpolitics.net\/haussamen\" target=\"_blank\">Haussamen bio<\/a>\u00a0\u2502\u00a0<a href=\"http:\/\/www.nmpolitics.net\/index\/heath-haussamen\" target=\"_blank\">Commentary page<\/a>\u00a0\u2502\u00a0<a href=\"http:\/\/www.nmpolitics.net\/index\/category\/haussamen-columns\/feed\" target=\"_blank\">Feed<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>As investigators scramble to figure out what\u2019s going on at the New Mexico Finance Authority, and NMFA officials claim they were duped by a rogue employee who created a fake audit but say little else, there are questions the agency can \u2013 and needs to \u2013 answer now.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1192,10],"tags":[142,107],"class_list":["post-41574","post","type-post","status-publish","format-standard","hentry","category-commentary","category-haussamen-columns","tag-crime","tag-roundhouse"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/41574","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=41574"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/41574\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=41574"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=41574"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=41574"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}