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Investors Claim That Nations Mutual Funds Allowed Timing and Late Trading

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Case ID: 2873 | Stocks | 11/10/2003

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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