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Investors Claim That Janus Funds Allowed Timing and Late Trading

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Case ID: 2875 | Stocks | 09/20/2005

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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