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Report: Internal emails at Alaska Permanent Fund show financial manager raising ethical concerns about fund’s vice chair

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Report: Internal emails at Alaska Permanent Fund show financial manager raising ethical concerns about fund’s vice chair


A top financial manager with the $80 billion Alaska Permanent Fund Corp. in emails raised concerns about efforts by the fund’s vice chair to set up meetings between Permanent Fund staff and business associates or companies with ties to a company she owns.

The emails were first obtained and published on the website Alaska Landmine. Landmine owner Jeff Landfield declined to say who provided the emails to him.

Marcus Frampton, the fund’s chief executive officer, asserts in the emails that Ellie Rubenstein, vice chair of the fund’s board of trustees, has conflicts that involve business associates with ties to Manna Tree Partners, her private equity firm.

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The emails were sent to Frampton’s colleagues at the fund, including the fund’s chief executive, Deven Mitchell, who replies to one email to thank Frampton for keeping him and other colleagues “in the loop.”

Frampton declined to comment for this story. Rubenstein, the co-founder and managing partner at Manna Tree, said in a statement that she follows the corporation’s ethical rules.

Frampton in the email asserts the conflicts include Rubenstein’s father, billionaire David Rubenstein, co-founder of the Carlyle Group, one of the world’s largest private equity firms. Carlyle is an external private equity manager for the Permanent Fund that handles close to $500 million in commitments for the fund. David Rubenstein is also a limited partner in Manna Tree. Ellie Rubenstein’s mother is Alice Rogoff, who purchased the Anchorage Daily News in 2014, changed its name to Alaska Dispatch News and owned the company until it filed for bankruptcy protection in 2017.

Frampton suggests in the emails that Ellie Rubenstein has worked to set up meetings between the staff and investors with whom she has financial ties, in ways that could benefit those associates or their businesses.

She apparently wants to reshape the fund’s “private credit” asset class, Frampton said in an email.

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She has also called for the firing of a Permanent Fund investment analyst her father was apparently displeased with, after the analyst met with her father, Frampton writes.

Allen Waldrop, the head of private equity investments for the fund, also sent an email providing context to say that Ellie Rubenstein coordinated directly with the investment analyst to arrange the meeting during a trip.

“This was not something we discussed in advance nor did we plan when we arranged the trip,” Waldrop said in the email.

Rubenstein said in a prepared statement this week that she follows the corporation’s rules involving ethics and disclosures. In one of the emails disclosed in the release, she told a Permanent Fund manager in “full disclosure” about her business ties to a limited partner in Manna Tree.

“Introducing and connecting Permanent Fund Staff to investment firms so that they can explore opportunities is an appropriate and valuable role and is common practice among state pension boards, endowments, and sovereign wealth funds,” Rubenstein said in the statement to the Daily News.

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“In this role, I have always followed the Permanent Fund board’s ethics rules and disclosure requirements, and I was unaware of these concerns about my service on the board,” she said.

“That someone leaked internal messages containing confidential information to the media is disturbing; it is a breach of policy and trust, and it distracts from the important work the Permanent Fund trustees and staff are doing for the state of Alaska,” she said.

The state corporation’s Board of Trustees will hold a virtual special meeting Wednesday to discuss the breach. The public can tune in. But the board may enter executive session in private because discussions about potential vulnerabilities could cause financial harm, according to an online public notice.

The Daily News requested the emails as well as text messages referred to in the emails, through a public records request. The agency is processing the request according to the law, said Paulyn Swanson, spokeswoman with the fund. “At this time, we anticipate fulfilling this request within the standard 10 business day time frame and will let you know if an extension is required,” she wrote in an email Monday.

‘Conflicts of interest’

Ellie Rubenstein has encouraged staff to engage with business associates or companies with ties to Manna Tree, Frampton asserts in his emails. But while staff members attended meetings in some cases, they took no action in response, he wrote.

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In a Jan. 16 email, Frampton wrote that a “serious” and “uncomfortable” topic involves Rubenstein’s “conflicts of interest.”

Frampton shared the writing with Mitchell as well as Sebastian Vadakumcherry, the fund’s chief risk and compliance officer.

Rubenstein has made “dozens upon dozens of investment manager referrals” in her year and a half on the Permanent Fund board, Frampton wrote.

“Many of these have been in the private credit space and my team has declined to pursue all of them,” Frampton said in the email.

The Alaska Permanent Fund’s private credit asset class was valued last year at $2.1 billion.

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Private credit often involves the issuing of loans to private companies. The loans can support private equity companies as they acquire businesses, according to the fund’s 2023 annual report.

Frampton said in the email that he gathers that Rubenstein wants to see larger investments in private credit and a change in staff who manage it.

A ‘fairly emphatic pitch’

In his Jan. 16 email, Frampton highlighted some of the specific actions by Ellie Rubenstein that he said constitute conflicts of interest.

One example involved TCW, an alternative investment management firm that is a subsidiary of the Carlyle Group, according to Frampton’s email.

Several of TCW’s senior principals are limited partners in Manna Tree, he said.

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Frampton said that Ellie Rubenstein texted him last year with a “fairly emphatic pitch” that the Permanent Fund “pursue an investment in private credit with TCW,” he wrote.

Frampton’s team reviewed the potential investment and declined to pursue it, he said in the email.

‘All good on APFC?’

In another example cited by Frampton, he said Ellie Rubenstein encouraged Alaska Permanent Fund staff to review Churchill Asset Management, a private credit firm.

The firm is run by Ken Kencel, who “personally is a client of Manna Tree,” and is a former Carlyle executive, Frampton said in his email.

Frampton’s email referenced an earlier email thread he’d received from Ellie Rubenstein in October, in which she wanted to set up a meeting between Kencel and Frampton.

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In the email to Kencel and Frampton, Rubenstein said “full disclosure” and explained that Kencel is a limited partner with a Manna Tree fund.

The thread also included an email from Ellie Rubenstein to Kencel. In the thread, she asked Kencel, “all good on APFC?”

Frampton asserted in his email that Rubenstein was essentially asking Kencel “how his efforts on soliciting money from APFC is going.”

Chris Ullman, a spokesperson for Ellie Rubenstein, said in an email, “Ellie was seeking to confirm that Mr. Kencel’s emails had been returned by the staff. This is a staff responsiveness and accountability issue, as she has noted publicly before.”

A ‘difficult interaction’

In an email on Feb. 5 to colleagues, Frampton indicates he met with Harvey Schwartz, the chief executive of Carlyle, during a trip in a meeting “indirectly arranged” by Ellie Rubenstein.

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Frampton said he told Schwartz the Permanent Fund has an “expansive and robust” relationship with Carlyle.

But Schwartz disagreed with that, and said he hopes to do more business with the Permanent Fund, Frampton said in the email.

In that email, Frampton also said he met with Ellie Rubenstein, who told him the investment analyst who did not impress her father should be fired. Ellie Rubenstein also said Tim Andreyka should not be the fund’s real estate asset investor. Frampton said he did his best to engage her in a “neutral fashion,” according to the email.

Mitchell, the fund’s chief executive, replied to say he believed that Frampton had handled “this difficult interaction as professionally as possible.”

Frampton in his Jan. 16 email wrote that Rubenstein may have conflicts that are clouding her views toward the Permanent Fund staff and operations.

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“A reasonable person might wonder if her current position is some sort of retaliation for rebuffing” investment referrals such as those involving companies like TCW or Churchill, Frampton wrote.

Board, staff reviewing ‘all relevant information’

The Alaska Executive Branch Ethics Act says public officers should conduct business in a way that avoids conflicts of interest. A public officer can’t attempt to use “an official position for personal gain, and may not intentionally secure or grant unwarranted benefits or treatment for any person,” it says.

Gov. Mike Dunleavy appointed Rubenstein to the fund’s six-member Board of Trustees in June 2022. He has appointed or reappointed all its members.

The governor can remove a public board member “only for cause,” according to state law.

The governor said in a press conference last week that the issue involving Ellie Rubenstein is a matter for the Permanent Fund board to address internally.

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Permanent Fund chair Ethan Schutt was informed about staff’s concerns with Rubenstein in late January, “due to the seriousness of the concerns raised,” said Swanson, the spokeswoman with the fund. Leadership at the fund “continued its evaluation and monitoring of the situation,” she said in a statement.

“Currently, staff and the Board of Trustees are working together to further review all relevant information in order to identify appropriate next steps,” Swanson said.

Schutt sees the staff’s concerns as legitimate, he said in an interview Thursday. He said those concerns were communicated internally through the proper channels.

He said it’s also a concern to him that the documents were somehow released to the public in an “uncontrolled” manner.

Schutt said he does not have an opinion on whether Rubenstein overstepped her bounds or is taking steps to benefit the interests of Manna Tree or her business associates.

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Before he could attempt to draw any conclusions on those questions, he would need more information about what happened, he said.

“We would have to decide as a body to have somebody undertake this exercise and we have not done that,” Schutt said.

As for the fund’s asset allocation to various asset classes, those are determined by a vote of the board, he said.

In Frampton’s Feb. 5 email, he said he’d been told by Trustee Rubenstein that he “should know that Schutt will not be reappointed by the governor when his term is up this June.”

Schutt said in the interview that he had no idea if that was the case. He said the decision rests with the governor.

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Some lawmakers in Juneau last week said in interviews that it’s inappropriate for a trustee to try to have a worker fired.

State Sen. Bill Wielechowski, D-Anchorage, said he thinks there should be hearings into the issue.

Sen. Jesse Kiehl, D-Juneau, indicated that Permanent Fund staff must be pretty concerned about Ellie Rubenstein if they’re documenting her actions.

Rep. Calvin Schrage, an Anchorage independent and the House minority leader, said he was concerned that the Permanent Fund is being politicized.

The Daily News’ Alex DeMarban reported from Anchorage, and reporters Sean Maguire and Iris Samuels contributed from Juneau.

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Alaska

2 bodies found in plane submerged upside down in Alaska lake

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2 bodies found in plane submerged upside down in Alaska lake


FILE PHOTO/Agence France-Presse

ANCHORAGE, Alaska — The bodies of two men have been recovered from a plane that was found face down in a lake, Alaska State Troopers said Saturday.

Troopers were notified late Friday of the upside-down aircraft in Six Mile Lake near the Athabascan community of Nondalton, located about 200 miles (322 kilometers) southwest of Anchorage.

READ: Crammed with tourists, Alaska’s capital wonders what will happen as its magnificent glacier recedes

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The bodies of Dave Hedgers, 58, and Aaron Fryer, 45, were found by a dive team dead inside the aircraft, troopers said in an online post. No hometowns were provided.

The bodies will be sent to the State Medical Examiner’s Office in Anchorage.

READ: After a glacial dam outburst destroyed homes in Alaska, a look at the risks of melting ice masses

The National Transportation Safety Board said on the social media platform X that it would investigate the crash of a Taylorcraft BC-12 aircraft near Nondalton.



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BOGO marketing opportunity available on Alaska's No. 1 podcast — The Must Read Alaska Show

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BOGO marketing opportunity available on Alaska's No. 1 podcast — The Must Read Alaska Show


The Must Read Alaska Show podcast is the top-rated podcast in Alaska, according to Feedspot, one of the most-relied-on rating services.

Host John Quick has reached thousands of Alaskans with more than 400 podcast episodes, and has guests ranging from presidents of countries to Alaska entrepreneurs.

In one recent episode, Quick interviews the man who was the communications director for the Trump campaign in 2020: Tim Murtaugh, author of a new book, “Swing Hard, in Case You Hit It.“

Your company, agency, or campaign can be part of the fun and great MRAK energy with sponsorship of the show, receiving recognition at the beginning and end of each episode, as well as in the show summary on this website.

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Quick is offering a BOGO – Buy one, get one month free of sponsorship, to the next entity that signs up. Here are the sponsorship details.

Feedspot ratings for Alaska podcasts are at this link.



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After the Alaska House worked past midnight, some wonder: does the legislative session deadline matter?

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After the Alaska House worked past midnight, some wonder: does the legislative session deadline matter?


As the dust settled after the last frantic 24 hours of the legislative session that concluded early Thursday, some lawmakers wondered if their final votes could lead to a constitutional challenge.

Driven by a looming deadline and a pileup of bills over the past two years, lawmakers passed more than 40 measures in the final hours of the session. Five of them passed the House after midnight in the early hours of Thursday morning, despite a constitutional requirement that the Legislature conclude its work at the end of the 121st day of the session, which was Wednesday.

The Senate adjourned its session shortly before midnight on Wednesday, but the House adjourned after 1 a.m. on Thursday, not before voting on several measures.

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At 12:01 a.m., the House voted on House bill 29, prohibiting insurance companies from discriminating against elected officials.

At 12:03 a.m., members passed House Bill 189, allowing employees to begin serving alcohol at 18, instead of 21.

At 12:08 a.m., they passed House Bill 122, allowing the Alaska Railroad Corp. to replace its terminal facility in Seward.

At 12:12 a.m. they passed House Bill 203, allowing private employers to use an electronic payroll system.

At 12:14 a.m., they voted on House Bill 19, related to commercial boat registration.

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When House minority members then proceeded to bring a controversial election bill to a vote, several House Republicans — who had voted for some of the other post-midnight bills — said that lawmakers were violating the state constitution and were required to adjourn, or else risk a legal challenge to the legislation they adopt.

Shortly after 1 a.m., Rep. Kevin McCabe, a Big Lake Republican who sponsored House Bill 29, called the past-midnight legislating “among the most disrespectful and terrible things I have ever seen done to our constitution and to the state of Alaska residents.”

[A look at some of the bills that failed to pass the Alaska Legislature this year]

In the Senate, President Gary Stevens, R-Kodiak, and Majority Leader Cathy Giessel, R-Anchorage, both said that based on past experience, legislation passed after midnight would be upheld.

“The courts do not overturn the Legislature if we go over,” said Stevens, who has served in the Legislature for over 20 years.

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But Senate Rules Chair Bill Wielechowski, D-Anchorage, an attorney who has served in the Legislature for over a decade, said Friday that “it’s going to be close.”

“I think there’s a pretty fair chance that anything passed after midnight is unconstitutional,” he said, adding that “the whole world could see it was after midnight.”

Wielechowski said the Alaska Department of Law will review the legislation “and make the call on it.”

Asked Friday, Department of Law spokesperson Patty Sullivan said the department is “reviewing all legislation that was passed by the Legislature and that will be presented to the governor for consideration.”

“Any legal issues we identify during that process will be provided to our client — the governor,” said Sullivan.

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If Gov. Mike Dunleavy allowed the bills to become law, they could remain in effect “until somebody challenges it,” Wielechowski said. Dunleavy could also decide to veto the legislation.

Typically, to challenge statutes in court, plaintiffs must have been harmed by the legal violation. Wielechowski said that in this case, “arguably anybody in the state would have standing, because you’re alleging a violation of the constitution, and arguably, the whole state is impacted.”

“The constitution is pretty clear — but I don’t know — a court could find some creative way of extending it,” said Wielechowski.

A 1989 Alaska Supreme Court case related to legislators’ decision to blow past a midnight deadline resulted in a finding that the 120-day session deadline translated into a 121-day session, because the first day was of the session was not included in the count.

The single-subject rule

The Legislature adopted more than 40 bills in the last days of the session, but that number isn’t a true reflection of the number of policy proposals adopted by lawmakers — or the crush of work they handled in the final day of the session.

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“When you factor the bill and ideas that were put into other bills, then it’s a substantially higher number probably — probably at least twice that,” said Wielechowski.

The end of the session was replete with what is commonly referred to as “bill stuffing” — the practice of amending one bill to include an additional bill inside it.

A bill to revamp Alaska’s workers’ compensation program was amended to include within it a 10-year extension of a senior benefits program that provides a small monthly stipend to around 9,000 low-income elderly Alaskans.

A measure meant to make it easier for out-of-state and retired teachers to work in Alaska schools was amended to include a $5,000 bonus for every teacher who has earned a national board certification.

A bill relating to the Alaska Housing Finance Corporation’s mortgage loans was amended to include within it a so-called “green bank” to offer loans for renewable energy projects.

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A bill expanding Medicaid payment eligibility was amended to include within it a change to the method for determining eligibility for Alaska’s Supplemental Nutrition Assistance Program.

A bill extending boards and commissions was amended to include within it a measure to offer child care tax credits, and another meant to limit the number of hunting guides in some parts of the state.

“There’s probably 20 bills here on the floor tonight that have multiple bills packed into bills — small and large — and I don’t think it’s a cause for concern,” Sen. Scott Kawasaki, a Fairbanks Democrat, said on Wednesday, speaking about a bill regulating students’ hunting and fishing licenses that was amended to include a provision related to pet ownership. That bill ultimately failed to pass.

Under the state constitution, bills must be confined “to one subject.” But most lawmakers took in stride the efforts to stack some bills into others in the final hours of the session.

Wielechowski said the single subject rule is one of the most “hotly contested, under the radar” issues lawmakers face near the end of the session.

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Nonpartisan legislative attorneys have given lawmakers guidance that the rule is “generally pretty broadly interpreted,” Wielechowski said.

But a memo from legislative attorneys prepared earlier this month warned that a bill extending the big game commercial services board, the board of massage therapists, the marijuana control board and the Alaska Commission on Aging, “may violate the constitutional provision that limits bills to one subject.”

“I cannot identify a single subject that would unite all these subjects in a way that would likely withstand a challenge,” wrote attorney Allison Radford in the memo, which was requested by House Rules Chair Craig Johnson, R-Anchorage.

“Failure to comply with the single subject requirement could jeopardize the entire underlying bill, if the bill is challenged,” Radford added.

Johnson was responsible for the change that placed several board and commission extensions in a single measure, Senate Bill 189. He did not respond Friday to an interview request.

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Rep. Zack Fields, an Anchorage Democrat who sits on the Rules Committee, said he was not concerned about the legal opinion.

“To be honest, I didn’t care because I don’t think that extending boards and commissions hurts anyone, and therefore, no one would litigate,” Fields said on Friday.

Fields on Wednesday proposed an amendment to Senate Bill 189 to include inside it a child care tax credit proposal authored by Rep. Julie Coulombe, R-Anchorage. Fields said the child care tax credit could fit into the bill because, like some of the commissions it extends, child care relates to the broad subject of “health.”

“Frankly, I don’t think anyone is going to litigate about child care. Who is harmed by that? Literally no one,” said Fields.

Wielechowski said Alaska courts in the past have taken a “pretty expansive definition of what the single subject is.”

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Fields said many bills adopted by lawmakers cause legislative attorneys to point out potential questions related to the single subject rule, “and no one cares because they shouldn’t.”

“I don’t think single-subject is actually an issue that matters,” said Fields.

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