| Highlights and Commentary |
| By Roy Weitz |

Five years, and little to show: Over the past 60 months, a total of 179 funds in the FundAlarm database have posted a negative total return.....In one of our Specialty fund categories -- Metals -- a negative five-year return was common, and it was even possible for a Metals fund to outperform its benchmark with a negative return.....In all of our other categories, a negative return simply meant that you lost money.....Here's how this month's database breaks out, by category:| Benchmark category | Total # of funds* | # of funds with a negative 60-month return |
|---|---|---|
| Large-cap | 959 | 10 |
| Mid-cap | 259 | 11 |
| Small-cap | 187 | 10 |
| Balanced | 236 | 3 |
| International | 487 | 113 |
| Specialty: | ||
| Communications | 12 | 0 |
| Financial | 19 | 0 |
| Health | 24 | 0 |
| Metals | 25 | 25 |
| Natural Resources | 34 | 3 |
| Real Estate | 46 | 1 |
| Technology | 35 | 3 |
| Utilities | 67 | 0 |
If we asked you to describe the legal structure of your mutual fund, you'd probably give us a blank look, and that's exactly the way it should be.....Generally, there's no reason you ever need to know this.....But, as one FundAlarm reader recently pointed out, a fund's legal structure isn't always irrelevant.....Case in point: The beleaguered Heartland funds.....(If you're joining us late in the game, you'll need to know that on October 13, 2000 Heartland revalued bonds in two of its muni-bond mutual funds, Heartland High-Yield Municipal Bond and Heartland Short Duration High-Yield Municipal. In one day, the net asset values of these
funds dropped by 69% and 44%, and a huge class action lawsuit against Heartland is currently brewing).....Legally, Heartland is organized as a "series company," which means that each of the eight Heartland funds is related -- somewhat like the branches of a tree, with an entity called "Heartland Group, Inc." as the tree trunk.....Heartland's Articles of Incorporation provide that the assets of each series belong to that series, subject only to the rights of creditors.....And that's the rub.....If the assets of Heartland's devalued muni funds aren't sufficient to cover the claims of the class action lawsuits, "there is a possibility that the assets of the other series of Heartland could be subject to such excess liabilities"......That quoted language (without the italics) is lifted directly from the most recent Heartland prospectus, and it should give every investor in every Heartland fund some cause for concern.....Reliable sources tell FundAlarm that Heartland has $10 million of liability insurance to cover the claims arising from the devaluation debacle, and that won't be enough money.....Heartland's outside accounting firm will probably end up paying some big bucks, and owner Bill Nasgovitz will also end up quite a bit poorer......Chances are, other funds in the Heartland series won't need to be tapped.....But if lawyers start looking for pockets to pick, do you really want to be an investor in any of the Heartland funds?
And who can forget this little Heartland goodie?| On September 29, 2000 the sinking Heartland muni funds desperately needed cash, apparently to meet fund redemptions.....The State of Wisconsin Investment Board (SWIB), which manages Wisconsin's public-employee pensions, stepped forward to buy $8.3 million of Heartland's distressed securities.....And how did the SWIB know that Heartland was looking to sell these bonds?.....It turns out that the Chairman of the Wisconsin Investment Board, Jon Hammes, is one of Heartland's paid, outside directors, and Hammes told the folks at Heartland whom to call at the SWIB.....(Hammes says that he took no further part in the SWIB decision, and the SWIB swears that it got a great deal on the Heartland bonds).....When he's not watching the Heartland funds crash and burn, Hammes also runs the Hammes Co., a major real estate developer in the Milwaukee area.....Hammes Co. owns a 68,000 square-foot building in downtown Milwaukee, and the anchor tenant of this half-vacant building just happens to be Heartland.....So, if Heartland were to go belly-up, Hammes would not only lose his Director's job, but he'd also lose a major tenant. |

Every few months, it seems, the NASD fines another broker for improperly selling "B" class mutual fund shares.....The most recent broker to be publicly slapped was Stifel, Nicolaus & Company, of St Louis, MO......What is it about "B" shares that makes them so susceptible to abuse?.....For one thing, "B" shares currently outsell "A" class shares by about a four-to-one ratio .....But it's not just volume that accounts for the problems with "B" shares.....There's an inherent conflict of interest in the structure of share classes, and the "B" class is where the conflict is most evident.....First, we need to take a quick look at the alphabet soup of load-fund investing
Something else to watch out for: Many fund companies won't even sell "B" class shares to someone who's investing more than $250,000, for the reasons discussed above.....So, unscrupulous brokers break the sale into smaller units, or multiple funds, to evade the $250,000 limit.
And, sometimes, it's not only investors who get screwed by "B" shares: As we noted above, brokers who sell "B" class shares receive their commission directly from the pocket of the mutual fund company.....Then, over the next several years, the mutual fund company recovers the commission by tapping into the 12b-1 fee that it charges "B" class investors.....Usually, there's more than enough 12b-1 fee to go around, and the fund company eventually makes itself whole.....Occasionally, however, the fund company is left holding the bag, and that's exactly what has happened to the Munder funds.....The Munder funds are a subsidiary of Comerica, and during 1999 and 2000 it appears that Munder paid brokers about $100 million in commissions for selling three of its "B" class funds -- Munder Net Net, Munder International NetNet, and Munder Future Technology.....Recently, however, these funds have been losing assets like a leaky bucket, which means that Munder's 12b-1 income has also been dropping dramatically.....Now, Munder realizes that it's never going to recover some of those "B" class commissions out of its 12b-1 fees.....When parent company Comerica announced its first quarter earnings on April 17, there was a special $26 million write-off for "deferred distribution cost impairment" -- in other words, "B" class commissions that Munder (and parent Comerica) are never going to recover.....Munder is entitled to about $54 million in commission recoveries that are still on the books.....But unless Munder's asset base starts growing soon, most of these commissions will probably end up as losses, too.

Speaking of conflicts of interest: Financial services companies potentially have a big conflict when they establish a pension plan for their employees.....Financial services companies are in the business of managing money, and employee pension plans contain bagfuls of money, so it's only natural that the financial companies would like to earn their share of the fees.....Federal law, however, requires that retirement funds must be managed solely for the benefit of workers and retirees.....New York Life has apparently stepped into this mess in a big way.....According to an ongoing class-action lawsuit, New York Life invested about $1.8 billion of employee defined-benefit pension plan money in the Eclipse family of mutual funds, which New York Life also happens to manage.....In other words, New York Life earned fees on almost $2 billion of pension plan assets, and also provided seed capital for several of its Eclipse funds, while supposedly meeting its fiduciary obligation to employees.....Lawyers for the employees claim that defined-benefit pension money is almost always turned over to managers of separate accounts, and is almost never invested in mutual funds, especially when those funds are managed by the employer......We're not exactly sure how they did the math, but plaintiff's lawyers also claim that New York Life effectively charged its workers up to 25 times the market rate for managing their pension funds.....Meanwhile, New York Life has quietly pulled that $1.8 billion of employee retirement money out of the Eclipse funds.....As a result, several Eclipse funds have lost up to 80 percent of their assets.....Fortunately, the Eclipse funds have decided to return the New York Life retirement money in kind, which means that the funds won't incur huge transaction costs, and the remaining Eclipse shareholders won't be saddled with massive capital gains from stock sales.....Still, many Eclipse funds now have much smaller asset bases.....Unless New York Life voluntarily eats some fund expenses, Eclipse fund owners can expect expense ratios to rise.
Back on January 3, 2001, the Fed unexpectedly lowered interest rates, and PBHG Select Equity jumped 17.8% for the day (by comparison, E*Trade Technology Index fund returned 16.8%).....On April 18, the Fed lowered rates again, and this time PBHG Select Equity gained just 5% for the day, compared to 10.3% for the E*Trade Technology Index fund:| Fund | % Gain on 1/3/01 | % Gain on 4/18/01 |
|---|---|---|
| PBHG Select Equity (PBHEX) | 17.8% | 5.0% |
| E*TRADE Technology Index (ETTIX) | 16.8% | 10.3% |
Another good example of what you can learn from one-day returns: Take a look at the April 18 performance of two other funds -- Van Wagoner Emerging Growth and Millennium Growth:| Fund | % Gain on 4/18/01 |
|---|---|
| Van Wagoner Emerging Growth (VWEGX) | 14.8% |
| Millennium Growth (MGFQX) | 0.1% |
| E*TRADE Technology Index (ETTIX) | 10.3% |
No ego here:| "Of course [Benjamin] Graham and [David] Dodd weren't really that good...The guy who was really good in my book was me." |
![]() ![]() FolioFN (left) and Morningstar (right) try to determine who's at fault | FoiloFN is a Web site that helps investors put together baskets of stocks and mutual funds.....For investors who don't want to assemble their own portfolios, FolioFN offers several "ready-to-go" baskets, and that's where the company recently got into some embarrassing trouble.....Back in September, based on information from Morningstar, FolioFN added three closed-end mutual funds to its ready-to-go corporate bond folio, which was described as "investment grade". |
Bad timing: Just as FolioFN was discovering its little junk bond problem (above), the Investment Company Institute, the trade association for the mutual fund industry, was petitioning the SEC to regulate folio companies as mutual funds.....This kind of regulation would be a disaster for folio companies, and it would probably cripple their business -- which wouldn't bother the Investment Company Institute (ICI) one bit.....The legal issues are complex, and it's not clear what the SEC will ultimately decide.....But if the folio companies lose this battle, they'll mostly have themselves to blame.....As the ICI petition almost gleefully points out, the folio company Web sites are full of language that compares folios directly to mutual funds, while practically boasting that folios aren't subject to the same regulations as mutual funds.....With an Internet arrogance that seems more appropriate to 1999, the folio companies seem to think that their idea is automatically a winner just because it's new.....The lawyers at the ICI simply went to the folio company Web sites, copied the hype, and stuck it in their petition.....Now, the words of the folio companies probably make the best case for their own regulation.....Talk about a lawyer's dream.
Why don't we believe this?| "You have a better chance of getting hit by lightning on a golf course than being mistreated by an investment firm." | ||
| Alan Davidson, president of the Independent Broker-Dealer Association, quoted in Investment News, April 9, 2001 |
Personally, we always vote our mutual fund proxies, and our approach is very simple: If the fund is asking for a change in the rules, and the change isn't clearly beneficial for us as a shareholder, we always vote "No".....How do we know if the change is beneficial?.....We put the burden on fund management to make the case for change.....We also define "beneficial" very narrowly: If the proposed change won't save us money within the next 12 months, or boost our return, why should we say "Yes"?
The IPS iFund Death Watch:
| "The irreverent mutual fund website FundAlarm.com is running an unusual contest. Its publisher, Roy Weitz, will give a $100 Amazon.com gift certificate to the reader who e-mails him with the date nearest that on which the IPS iFund, a yet-to-launch fund that will allow shareholders to determine its holdings, will go out of business." | ||
| ---Investment News, David Hoffman, April 23, 2001 | ||
Here's what Greg D'Amico, president of IPS Funds, told Investment News in defense of the upcoming IPS iFund:| "The iFund is all about network economics. It's about complex adaptive systems -- the biological approach to understanding how bees swarm, how neurons in the brain have connected to such a degree that allows for consciousness. Anytime you create a large number [sic] of connectivity between a large number of nodes, you create a high level of thought, or something emerges out of that to create a higher level of consciousness." |

On your honor: Amazon.com recently introduced a new service, which it calls the Amazon Honor System......Basically, the Honor System allows readers of free Web sites to support those sites with small, voluntary credit card payments.....Amazon handles all the processing, takes a cut, and then passes the net amount along to the member Web site.....FundAlarm has signed up with the Amazon Honor System, and we hope you'll consider participating.....If every FundAlarm reader pays $1.50 per month on the Honor System, we'll climb the tallest building in Los Angeles and sing "Oh, What a Beautiful Morning" in a loud, falsetto voice......If nobody pays, we'll be pretty bummed.....But if just 10% of our readers pay $1.50 per month, we'll be able to cover our expenses, and -- even better -- we'll be able to make some important improvements to FundAlarm.....Whether or not the Honor System is successful, FundAlarm isn't going away.....But if FundAlarm is a resource that you value and enjoy, or even if you just like screaming at us, we'd appreciate your support.
Briefly noted:

| Putnam fund | Co-manager who got the axe |
|---|---|
| Voyager; Voyager II; New Century Growth | Charles Swanberg |
| Health Sciences | David Carlson |
| Convertible Income-Growth | Charles Pohl |
| Emerging Markets | Claudio Brocado |
| Vista | Anthony Santosus |
