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Excelsior Funds Purchasers Aggrieved Over Market Timing Scandal

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Case ID: 3032 | Stocks | 01/02/2004

Several class actions have been filed against the Excelsior family of funds (various stock symbols) by stockholders who purchased the company's common stock between December 12, 1998, and November 16, 2003. The actions claim that the defendants violated federal securities laws by allowing certain persons and entities to engage in timed trading in the shares of the funds, in violation of federal securities laws. The stockholders seek to recover compensatory damages for the loss of value of their stock.

The action alleges that, throughout the applicable period, certain of the defendants failed to disclose that they improperly allowed certain favored investors to engage in timed trading in the shares of the funds. Timing is excessive, arbitrage trading undertaken to turn a quick profit and which ordinary investors are told that the funds police. Timing injures ordinary mutual fund investors -- who are not allowed to engage in such practices -- and are acknowledged as improper practices by the funds.

The defendants allegedly allowed and facilitated timing activities in the funds, to the detriment of class members, who paid for improper profits made by those favored investors. These practices were undisclosed in the prospectuses of the funds, which falsely represented that the funds actively police against timing and discourage it using a number of tools.

If you bought the securities of any of the funds between December 12, 1998, and November 16, 2003, you may, no later than January 20, 2004, request that the court appoint you as lead plaintiff. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class.

The funds named in the action, and their respective symbols, are as follows:

Excelsior California Tax Exempt Income Fund (UMCAX)
Excelsior Small-Cap Fund (UMLCX)
Excelsior Equity Income Fund (UMEIX)
Excelsior Biotechnology Fund (UMBTX)
Excelsior Blended Equity Fund (UMEQX)
Excelsior Emerging Markets Fund (UMEMX)
Excelsior Energy & Natural Resource Fund (UMESX)
Excelsior High Yield Fund (EXHYX, UMHYX)
Excelsior Large Capital Growth Fund (UMLGX)
Excelsior Real Estate Fund (UMREX)
Excelsior Value & Restructuring Fund (EXBIX, UMBIX)
Excelsior Mid-Cap Value Shares Fund (EXVAX, UMVEX)
Excelsior Government Money Fund (UTGXX)
Excelsior Institutional Equity Fund (EXEQX)
Excelsior Institutional Funds International Equity Fund (EXIIX)
Excelsior Institutional Money Fund (EXINX, EXIXX)
Excelsior Institutional Total Return Fund (EXTBX)
Excelsior Intermediate-Term Managed Income Fund (UIMIX)
Excelsior Intermediate-Term Tax-Exempt Fund (UMITX)
Excelsior International Fund (UMINX)
Excelsior Long Term Tax Exempt Fund (UMLTX)
Excelsior Managed Income Fund (UMMGX)
Excelsior Money Market Fund (UTMXX)
Excelsior Optimum Growth Fund (EXOAX, UMGRX)
Excelsior Pacific/Asia Fund (USPAX)
Excelsior Pan European Fund (UMPNX)
Excelsior Short Term Government Securities Fund (UMGVX)
Excelsior Short-Term Tax-Exempt Securities Fund (USSSX)
Excelsior Tax-Exempt Fund (USSXX)
Excelsior New York Intermediate Term Tax-Exempt Fund (UMNYX, UTNXX)
Excelsior New York Tax Exempt Money Fund (UTNXX)
Excelsior Treasury Money Fund (UTTXX)


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