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Investors Claim That Nations Mutual Funds Allowed Timing and Late Trading |
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A class action has been filed against Bank of America Corporation (NYSE: BAC) and certain related firms by investors who purchased shares in any of the Nations mutual funds, managed by Bank of America, between October 1, 1998, and July 3, 2003. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the fund shares. The investors seek to recover compensatory damages for the loss of value of their securities.
The action charges that, throughout this time period, the defendants failed to disclose that they improperly allowed certain hedge funds, such as Canary Capital Partners, to engage in "late trading" and "timing" of the funds' securities. Late trades are trades received after 4:00 p.m. EST that are filled based on that day's net asset value, as opposed to being filled based on the next day's net asset value, which is the proper procedure under Securities and Exchange Commission regulations. Late trading allows favored investors to make use of market-moving information that only becomes available after 4 p.m. and has been compared to betting on a horse race that already has been run. Timing is excessive, arbitrage trading undertaken to turn a quick profit and which ordinary investors are told that the funds police. Late trading and timing injure ordinary mutual fund investors--who are not allowed to engage in such practices--and are acknowledged as improper practices by the funds. In return for receiving extra fees from Canary and other favored investors, Bank of America and its subsidiaries allegedly allowed and facilitated Canary's timing and late trading activities, to the detriment of class members, who paid, dollar for dollar, for Canary's improper profits. These practices were undisclosed in the funds' prospectuses, which falsely represented that the funds actively policed against timing and represented that post-4 p.m. EST trades would be priced based on the next day's net asset value, and that premature redemptions would be assessed a charge.
Funds Involved
Nations Capital Growth Fund Nations Marisco 21st Century Fund Nations Marsico Focused Equities Fund Nations Marsico Growth Fund Nations MidCap Growth Fund Nations Small Company Fund Nations Strategic Growth Fund Nations Asset Allocation Fund Nations MidCap Value Fund Nations SmallCap Value Fund Nations Value Fund Nations Global Value Fund Nations International Equity Fund Nations International Value Fund Nations Marsico International Opportunities Fund Nations LargeCap Enhanced Core Fund Nations LargeCap Index Fund Nations MidCap Index Fund Nations SmallCap Index Fund Nations LifeGoal Balanced Growth Portfolio Nations LifeGoal Growth Portfolio Nations LifeGoal Income and Growth Portfolio Nations Bond Fund Nations Government Securities Fund Nations High Yield Bond Fund Nations Intermediate Bond Fund Nations Short-Intermediate Government Fund Nations Short-Term Income Fund Nations Strategic Income Fund Nations Convertible Securities Fund Nations CA Intermediate Municipal Bond Fund Nations CA Municipal Bond Fund Nations FL Intermediate Municipal Bond Fund Nations FL Municipal Bond Fund Nations GA Intermediate Municipal Bond Fund Nations Intermediate Municipal Bond Fund Nations Kansas Municipal Income Fund Nations MD Intermediate Municipal Bond Fund Nations Municipal Income Fund, Nations NC Intermediate Municipal Bond Fund Nations SC Intermediate Municipal Bond Fund Nations Short-Term Municipal Income Fund Nations TN Intermediate Municipal Bond Fund Nations TX Intermediate Municipal Bond Fund Nations VA Intermediate Municipal Bond Fund Nations CA Tax-Exempt Reserves Nations Cash Reserves Nations Government Reserves Nations Money Market Reserves Nations Municipal Reserves Nations Tax-Exempt Reserves Nations Treasury Reserves
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