波多黎各顾问麦肯锡公司和公司拥有2000万美元的波多黎各债券的所有权引起了利益冲突的关注

在里面U.S. House of Representatives, lawmakers have introduced a bipartisan bill that would require advisers and others contracted to help with the debt restructuring proceedings in Puerto Rico to abide by stronger reporting requirements. The move comes in the wake of an article in纽约时报报告McKinsey & Company该岛联邦监督委员会的一位顾问之一，以巨大的折扣购买了数百万美元的波多黎各债券，但没有透露购买。

McKinsey, claims that it has satisfied all disclosure requirements. The company contends that it was MIO Partners, its investment division, that purchased about $20 million of Puerto Rico bonds. The consulting firm maintains that MIO Partners is separate from the consulting arm and McKinsey consultants having no control over MIO Partners or involvement in any of its investments.

Under the proposed bill, called thePuerto Rico Recovery Accuracy in Disclosures Act，财政监督委员会雇用的顾问和其他人必须提交经过验证的披露，并指出他们在获得服务付款之前可能建立的任何联系。这些披露要求已经适用于其他破产者，但迄今为止，它们尚未成为该岛破产诉讼的一部分。由于美国领土不是市政当局，因此无法为第9章破产保护提出申请，而是根据2016年《波多黎各监督管理和经济稳定法》（Promesa）寻求救济。

While MIO Partners disclosed three of its hedge funds’ investments in the Puerto Rico bonds in filings submitted in federal court, the disclosures were not made under McKinsey’s name. Also, the bonds that McKinsey affiliates bought at a reduced rate were available for sale into this year at a discounted price due to a nonpayment risk. Recently, however, the federal oversight board unveiled a repayment plan for the bonds, which caused the bond’s sale price to go up. As a result, the McKinsey-owned bonds could very well make a healthy profit for the consulting firm even as it continues to advise the U.S. territory on how much it can and should pay back bondholders.纽约时报报道说，截至本月底，麦肯锡已经为其咨询董事会提供的工作收取了6,900万美元的费用。

此外，另一家相关的麦肯锡公司WhiteBox Advisors通过不同的投资基金持有超过1.4亿美元的波多黎各债券。Whitebox还监督了麦肯锡退休计划的约1亿美元，根据纽约时报，其中一项资金 - 潘多拉选择 - 为咨询公司持有资金。

Because McKinsey is invested in the island’s municipal bonds, it can’t help but have a stake in the recovery plans it is helping the US territory with because its ownership of Puerto Rico securities also makes it a creditor. This has some people crying out “conflict of interest.” Such a conflict could lead to self-dealing, which typically involves a fiduciary acting in its best interests rather than in a client’s best interests. For example, as纽约时报指出，尽管波多黎各政府希望省钱，但作为债券持有人的麦肯锡将希望在其购买中赚钱。

Under the proposed bill, not only would professionals hired to help with the island’s bankruptcy proceedings have to provide sworn disclosures, but also, the美国受托人办公室, which is the bankruptcy watchdog for theU.S. Department of Justice, would have the authority to probe into potential conflicts of interest. A federal judge would be able to stop payments of fees owed to an adviser if a conflict were discovered.

波多黎各债券欺诈律师
Puerto Rico, in the meantime, continues to be mired in over $74 billion in bond debt, $49 billion in pension liabilities, and a flailing economy, not to mention thousands ofPuerto Rico Bond fraud and closed-end bond fraud claimsbrought by investors ever since the island’s debt plunged in value in 2013. Over the last five years, our Puerto Rico bond fraud lawyers atShepherd Smith Edwards & Kantas (SSEK Law Firm)have worked with hundreds of investors on the island and the mainland in helping them to recover losses from investing in these Puerto Rico securities. ContactSSEK律师事务所今天。