Press Release: 10/24/02 9:00 AM Eastern
GENERAL ADVISORY on California's Power Bonds
MunicipalBonds.Com Issues an ADVISORY on California's Power Bonds
MunicipalBonds.com today places a GENERAL ADVISORY on California's planned
Power Bonds. MunicipalBonds.com takes this advisory action on behalf of
individual investors.
The State of California is issuing Municipal Bonds through its California
Department of Water to pay for electricity it bought for the State's
investor-owned utilities. The bonds are generally referred to as the "Power
Bonds."
MunicipalBonds.com places this ADVISORY on California's Power Bonds because
the reality of the California secondary Municipal Bond markets is that there
really isn't any market. There is no centralized exchange. Broker/dealers
can bid or not bid on California Municipal Bonds at their discretion.
Though they all might sell you a Power Bond, there is no rule requiring the
many underwriters of the Power Bonds, led by JP Morgan, to later on buy it
back from you (or provide investors with a bid) when, for whatever reason,
someone changes from a "buy-and-hold" to a "buy-and-sell" investor.
This reality of California's secondary Municipal Bond markets needs to be
disclosed in the Power Bond's debt prospectus. Investors should know this.
"Price transparency" began in 1994. It should have already facilitated a
distinct section within an Official Statement or at least be part of the
OS's Risk Factors section.
Disclosure of secondary market realities is an important step toward the
actualization of an efficient, fair and reasonable Municipal Bond market.
Manhandled at Roadshow!
MunicipalBonds.com attended one of the two California informational
roadshows on the nationwide seven city tour. This tour was organized and
controlled by the book running lead manager JP Morgan.
- I asked JP Morgan for the name of their California Municipal Bond trader.
JP Morgan said they had many traders but refused to provide a name.
- I asked JP Morgan, more specifically, for the name of their odd-lot
California trader. JP Morgan again refused an answer.
- I asked JP Morgan, even more specifically, if they had a California trader
sitting here in California. JP Morgan said they did not currently have a
California Municipal Bond trader here in California.
MunicipalBonds.com's
concern is that the multi-billion dollar Power Bonds are the biggest
Municipal Bond deal in California history, as well as the biggest to the
Muni Markets. If now is not the proper time to currently have a California
Municipal Bond trader here in California then when? How will JP Morgan
support the Power Bonds? The same questions need to be asked of all the
other managers of the Power Bonds.
- I asked Deputy Treasurer, Barbara Lloyd, to explain why the Treasurer
chose for lead underwriter a firm that has no California trader? She did
not answer and said this Roadshow was not the proper forum.
MunicipalBonds.com is not sure what the retail distribution and structure of
JP Morgan is here in California? Are they primarily institutional? The
same questions need to be asked regarding all the other managers. Also,
what is the proper forum to ask questions if not a public roadshow?
- I asked Deputy Treasurer, Barbara Lloyd, to explain what a "bid agreement"
is. She refused. Last June the State paid six major investment banks
$15,000,000 to assure a bid side (a bid agreement) for the State's $7.5
billion Revenue Anticipation Warrants.
At this point, I was physically grabbed and ordered not ask any more
questions.
My question to Deputy Treasurer Barbara Lloyd, if I were allowed, is to ask
why there is nothing like a bid agreement on this deal. They cared about
the bid side then - why not care about the secondary market bid side for
California investors now?
12 Point Spreads in California Municipal Bond Secondary Markets
As demonstrated by recent MSRB issued data, there are such differences in
daily secondary market spreads of California issues such that investors,
especially individual investors, might find it difficult to make their
investment money back if they ever wanted to or needed to resell their Power
Bond(s). On a continual basis, California Municipal Bond markets are Red
Flagged for having wide and potentially illegal market spreads.
Based on MSRB released trade and price data, a prime example can be found in
California daily trade data for the trade date October 21, 2002. An issue
of California St Ref-MBIA IBC 5% coupon maturing 2/01/12 had an offer side
spread of 12.055 points. It is unclear why one investor purchased the bonds
at 101.849 and another investor had to pay 113.904.
Regardless of credit worthiness, these CA bonds are showing they are not
necessarily supported in a fair and reasonable way in the secondary markets.
Regardless of how the State pitches the credit worthiness of the Power
Bonds, there is no guarantee the markets will be fair or reasonable.
Note: State of California daily Municipal Bond market trading and pricing
information can be publicly and freely seen at
<http://MunicipalBonds.com.>
Note: The Municipal Bond industry does not attach dealer identifiers to
their trade data. This is unlike any other securities market. Dealer
identifiers are restricted and kept proprietary.
Note: Credit, ratings and/or insurance are not a factor in this ADVISORY.
Nor does this ADVISORY consider the political or moral questions surrounding
the energy crisis or Power Bonds. MunicipalBonds.com places this ADVISORY
on the Power Bonds based on the spreads found in secondary trading prices as
demonstrated in the data issued by the MSRB.
Have You Been Treated Fairly?
For purchasers or sellers of Municipal Bonds, MunicipalBonds.com has
joined forces with Milberg Weiss to offer a free internet evaluation of
your transaction to help you determine whether you were given a fair price
by your broker on your municipal bonds . This service is available at
<http://MunicipalBonds.com>
Contact:
MunicipalBonds.com is a public service information site dedicated to 1)
publicizing and actualizing price transparency and fair pricing in the
Municipal Bond markets, as well as 2) advocating and actualizing fair
disclosure of Municipal Bond disclosure information--hopefully through
development of the long called for "centralized database." On September
16, 2002, Kevin Olson of MunicipalBonds.com
represented by Milberg Weiss Bershad Hynes
& Lerach LLP announced the filing of a private
attorney general lawsuit against the major Wall Street brokerages for
unfair and unreasonable fees in the sale of Municipal Bonds. Defendants in
the case are Goldman Sachs Group, Inc., Merrill Lynch & Co. (NYSE: MER),
Salomon Smith Barney, Inc., UBS Paine Webber, Inc., Bear Stearns
Companies, Inc. (NYSE: BSC), Morgan Stanley Dean Witter & Co., Prudential
Securities, Inc. (NYSE: PRU), Charles Schwab & Co., Inc. (NYSE: SCH), U.S.
Bancorp (NYSE:USB), and Bank of America Corporation (NYSE: BAC).
Contact: Kevin Olson
Company: MunicipalBonds.com
Phone: 415-922-7870
Email: <Kevin@MunicipalBonds.com>
URL: <http://MunicipalBonds.com>
Contact: Stan Mallison
Company: Milberg Weiss Bershad Hynes & Lerach
Phone: 415-288-4545
Email: <StanM@MWBHL.com>
URL: <http://www.Milberg.com>
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