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Investors Claim That Janus Funds Allowed Timing and Late Trading |
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A class action has been filed against Janus Capital Group Inc. and certain related firms by investors who purchased shares in any of the Janus Group of mutual funds 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, Janus Capital Group 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
Janus Fund Janus Enterprise Fund Janus Mercury Fund Janus Olympus Fund Janus Global Technology Fund Janus Orion Fund Janus Twenty Fund Janus Venture Fund Janus Global Life Sciences Fund Janus Global Value Fund Janus Overseas Fund Janus Worldwide Fund Janus Balanced Fund Janus Core Equity Fund Janus Growth and Income Fund Janus Special Equity Fund Janus Risk-Managed Stock Fund Janus Mid Cap Value Fund Janus Small CapValue Fund Janus Federal Tax-Exempt Fund Janus Flexible Income Fund Janus High-Yield Fund Janus Short-Term Bond Fund Janus Money Market Fund Janus Government Money Market Fund Janus Tax-Exempt Money Market Fund
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