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County
witness claims CIA ties
County
boots Quarles as bond counsel.
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CIA training
still an issue
County expert refuses to sign waiver
March
22, 2008 -- A witness for the county in a lawsuit
over the pension scandal testified last week that he would
not sign a waiver to allow the Central Intelligence Agency
to verify that he received actuarial training from the
agency.
Stuart
Piltch, of King of Prussia, Pa., has refused on national
security grounds to sign a waiver that could allow Mercer
Human Resource Consulting, the defendant in the suit,
to verify his story.
The
county is suing Mercer, a former pension adviser, for
its role in creating hugely generous benefits that led
to the pension scandal that ousted County Executive Tom
Ament and several supervisors from office.
US
District Judge Charles Clevert said Mercer must try getting
the information about Piltch from the CIA through a subpoena
before the judge can consider ordering Piltch to sign
a waiver, according to court documents.
Piltch,
whom the county offered as an expert witness, said in
the document that he worked for the Central Intelligence
Agency in the late 1970s and early 1980s. His resume says
he worked for the CIA in 1980 and from 1983 to 1985.
Piltch
also said he graduated from college in 1982, after his
spy agency employment began.
County
pension suit witness claims CIA training
Testifies that training is too secret
to testify about
March
31, 2008 -- A witness in the county's
mega-million dollar pension scandal law suit said that
his CIA training as an actuary is too secret to testify
about -- and that he worked for the CIA before he graduated
from college.
His
lists employment with the spy agency on his resume,
however.
Stuart
Piltch, of King of Prussia, Pa., refused on national security
grounds to sign a waiver that could allow Mercer Human
Resource Consulting, the defendant in the suit, to verify
his story.
"The
waiver requested of me is broad and would apply to far
more information than testing, and invades national security
issues," he said in a court
document.
The
county is suing Mercer, a former pension adviser, for
its role in creating hugely generous benefits that led
to the pension scandal that ousted County Executive Tom
Ament and several supervisors from office.
Piltch,
whom the county offered as an expert witness, said in
the document that he worked for the Central Intelligence
Agency in the late 1970s and early 1980s. His resume says
he worked for the CIA in 1980 and from 1983 to 1985.
His
resume also says that he graduated from college in 1982.
Piltch
acknowledged during a deposition that he did not belong
to professional organizations and that he is a "non-certified
actuary," according to documents
filed by Mercer.
"When
pressed further for the source of his actuarial 'expertise,'
Mr. Piltch explained somewhat astonishingly that he had
taken “seven to nine' of the actuarial examinations
that would ordinarily be required for designation as a
'fellow' or 'associate' of the Society of Actuaries in
the early 1980s while a junior employee of the Central
Intelligence Agency," Mercer said. The firm said
it wanted to verify that Piltch qualifies as an expert
witness.
"More
astonishingly," Mercer continued, "he suggested
that he may even have taken these examinations under an
assumed name. Finally, when asked whether there was any
tangible evidence supporting his story of actuarial training
at the CIA, Mr. Piltch stated that he could not provide
any information regarding the circumstances of the testing
or proof of the results, but that “someone in the
federal government' could confirm his story."
Mercer
tried to get Piltch's CIA training records from the spy
agency through a freedom of information act request, Mercer
said. The CIA, however, said it needed a waiver from Piltch
to release the records. Piltch refused to grant it.
Piltch's
national security concerns make no sense, Mercer said.
"Mercer is not seeking evidence of Mr. Piltch’s
work at the CIA, whatever it may have been – notably,
Mr. Piltch himself would not characterize his work as
“classified or secret– but simply evidence
of whether he took actuarial examinations twenty-five
years ago."
Piltch,
though, held firm.
"The
value of a waiver must be balanced against other concerns,"
he said in his affidavit. "Merely requesting a waiver
would be considered by the agency -- whose core value
is the maintenance of secrecy by current and former employees
-- as a breach of its trust by me."
"I
have an interest in preserving that relationship of trust,"
he said. "In addition to the trust I pledged while
at the agency, I continue to perform work for the CIA
and other pieces of the U.S. intelligence apparatus and
I am concerned about protecting those relationships."
Pitch
does not explain why listing his CIA work on his resume
would not be considered a breach of trust by the agency.
"I
have no documents of any kind relating to or concerning
my training and experience at the CIA in my possession,
custody or control," he said.
County
punts Quarles as bond counsel
Firm is defending pension consultant
in lawsuit
Dec.
18, 2006 -- The county is terminating the
Quarles & Brady law firm as its bond counsel in
an effort to eliminate what the county saw as a conflict
of interest and jump start its stalled case against
a consulting firm involved in the pension scandal.
Quarles is
defending the consulting firm, Mercer Human Resource
Consulting Inc., against county allegations that Mercer
did not adequately acknowledge the costs of generous
pension benefits adopted by the county in 2000.
The two sides
have been wrangling since April over whether Quarles
had a conflict of interest in the case. Quarles
asked US District Judge Charles Clevert to declare that
it did not, and the county
asked him to prohibit Quarles from representing Mercer.
The county
asked Clevert in August
and October
to expedite his decision on the issue, but the judge
did not act.
Instead,
the County Board voted unanimously Thursday to dump
Quarles and seek new bond counsel.
"It
is very painful and awkward for the County to terminate
its bond counsel Quarles & Brady after over two
decades – in light of time-sensitive ongoing bond
issues related to the current airport expansion and
a series of other capital improvement projects,"
attorney Kenneth E. McNeil, representing the county,
said in a court filing
last week.
"The
additional costs and transition time to the County in
selecting new bond counsel comes at a bad time when
pension obligations bonds may be necessary to fund pension
fund deficits," he wrote.. "However, it is
impossible to continue retaining Quarles & Brady
as the County’s counsel in light of ongoing conflicts
issues, as well as derogatory statements Quarles&
Brady has made both in the Answer filed and subsequent
motions about the County and its position in this lawsuit
on the pension deficit."
"Most
important of all, Milwaukee County and the Pension Fund
need prompt closure on who is responsible for the huge
deficits created by the year 2000 employee benefits
package approved by its actuary Mercer,"
he said.
McNeil requested
an immediate scheduling conference "to implement
a means to provide prompt closure for both sides on
this traumatic issue that has caused such widespread
damage."
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