October 12, 2005 (PLANSPONSOR.com) - In its
quarterly regulatory report, A.G. Edwards Inc. stated the
Securities and Exchange Commission (SEC) may bring a civil
injunctive action against it for mutual fund transactions
allegedly involving market-timing.
Dow Jones reports that the company also stated in the
filing that the New York Stock Exchange (NYSE) is
considering formal disciplinary action in connection with
the company’s supervision of its “Client Choice”
accounts.
Client Choice accounts are brokerage accounts with
limited trading activity and concentrations of mutual funds
that are fee-based, rather than commission-based, according
to the filing.
A.G. Edwards said the SEC has offered it an
opportunity to make a Wells submission, a persuasive case
to the commission that the investigating staff reached the
wrong conclusions regarding liability.
The company said it has already provided a
“Wells-type submission” to the NYSE.
September 24, 2004 (PLANSPONSOR.com) - Morningstar
Inc is in talks with federal securities regulators to settle
allegations the company didn't correct published mutual fund
data quickly enough.
The Securities and Exchange Commission (SEC) formally
notified the Chicago-based investment research firm it may
have violated securities rules, the Wall Street Journal
reported. Morningstar founder and chairman Joseph Mansueto
told the Journal the two sides are discussing a settlement
of the matter.
While the SEC doesn’t have explicit authority over
publishers of financial information, regulators have told
Morningstar that the company could be the target of civil
charges for deceiving investors if it was found to be
reckless in its handling of data, Mansueto told the
Journal.
The probe raises questions about the systems
Morningstar has in place to ensure the accuracy of its
core business of tracking and rating about 15,700 US
mutual funds and comes at an awkward time for
Morningstar, which registered with the SEC for an initial
public offering of its own shares in May.
The spark for the investigation was incorrect data
Morningstar published earlier this year for the
$20-million Rock Canyon Top Flight stock fund, Mansueto
said. The error apparently stemmed from some confusing
communications about the impact of a 2003 capital-gains
distribution on the fund’s share price and made the
fund’s performance appear far better than it was.
For about a month beginning February 27,
Morningstar published incorrect returns on its Web site
and ranked the fund the top performer in its category. A
representative of the fund told Morningstar March 12 that
the data were wrong, but Morningstar didn’t fix the
problem until March 25, according to Mansueto and
Jonathan Ferrell, manager of the Top Flight Fund. The
SEC, Mansueto said, has questioned the delay in fixing
the information and whether Morningstar took sufficient
steps to correct the data.
Ferrell said he was contacted by the SEC in late
March, before Morningstar had corrected the information.
In a letter to the SEC about the events, he said that
even after Morningstar officials acknowledged that the
returns it had posted for the fund were wrong, the
problem went uncorrected for another week and several
subsequent calls to Morningstar weren’t returned. Ferrell
added that no investors put money in the fund during the
period in which Morningstar posted the inaccurate
returns.
Mansueto told the Journal that the SEC contacted
Morningstar in April with a request for information about
returns on the Top Flight fund. But it wasn’t clear that
Morningstar was the subject of the investigation until
after the firm had filed its registration statement for
its IPO on May 6, he said.
Although Morningstar’s analysts have long
criticized individual funds for poor performance and fees
and from time to time spoken out on industrywide issues,
the firm raised eyebrows by recommending investors sell
funds run by companies caught up in the share trading
scandal that emerged a year ago.
Recently,
Morningstar was critical of ING in a
statement
posted on the Morningstar Web site for not being more
forthcoming with details of its findings over possible
trading violations and recommended investors delay
investing in ING funds (SeeING Discloses Trading
Practices Problems
).