| Highlights and Commentary |
| By Roy Weitz |
July was a bad month for almost every bond fund, but the absolute worst of the category was FBR Total Return Bond.....How bad is bad?.....The FBR fund lost a jaw-dropping 19%+ for the month, while the average taxable bond fund lost about 2.5%.....Clearly, something unusual is going on at FBR Total Return Bond, but good luck figuring out what it is.....We do know that the FBR fund invests in U.S. Government securities, and we also know (from the prospectus) that the fund is allowed to "purchase and sell futures contracts and options on future contracts in seeking to increase the total return of the Fund or to protect the fund from adverse interest rates".....The best guess is that something went wrong with the fund's futures/options strategy, but the fund's subadvisor seems unable or unwilling to explain exactly what happened.....An even bigger question is whether investors were properly informed of this fund's potential for astonishing volatility.....A representative of FBR acknowledges that "there are risks in the fund's use of futures and options," but he claims those risks "are fully disclosed to investors in the prospectus"*.....We plan to contact FBR, to see if there's a portion of this fund's prospectus that's written in invisible ink....Meanwhile, in the visible part of the prospectus, here's the entire discussion of risk as it relates to futures:
| "Utilization of futures transactions by the Fund involves several risks. First, it is possible that there will not be a perfect price correlation between a futures contract and its underlying security. Second, it is possible that a lack of liquidity for futures contracts could exist in the secondary market, resulting in an inability to close a futures position prior to its maturity date. Third, the purchase of a futures contract involves the risk that the Fund could lose more than the original margin deposit required to initiate a futures transaction." |
Speaking of class action lawyers: Back in late 2001, when FBR Total Return Bond (above) was still Rushmore U.S. Government Bond Portfolio, shareholders voted to approve a change in the fund's investment policy, which allowed the fund's managers to begin using futures and options strategies.....According to a letter from the Chairman of the fund's Board of Directors, which was sent to shareholders before their vote, the new investment strategy "would benefit the Fund without materially changing [its] risk profile".....Guess what, guys: You were WRONG!
If you buy a fund with an obscenely high expense ratio, should you still be allowed to sue the fund company for overcharging you?.....Some would say "no," since expense ratios are disclosed in the prospectus, and most fund shareholders can read.....But shareholder Lionel Amron is having none of this disclosure stuff.....Amron is suing the folks who run Morgan Stanley S&P 500 Index, claiming that they are "grossly overcompensated" by the fees they earn from this fund.....Amron is clearly correct -- just look at the 1.50% expense ratio for the "B" shares of this index fund -- but that still doesn't explain why he couldn't figure out these folks were money-suckers before he invested.....In any event, Amron's lawsuit does raise one interesting issue: He claims that more than 71% of the brokerage commissions of Morgan Stanley S&P 500 Index fund were used as soft-dollar payments to purchase third-party "research" [what are soft dollar payments?].....Inasmuch as an index fund has no conceivable need for "research," and assuming that Amron's allegation is true, the managers of this fund were almost certainly enriching themselves at the expense of their shareholders.....Whatever the court decides in Amron's case, this seems like an area where the SEC could rule quickly and easily.....The SEC should prohibit index funds from spending soft dollars, period.
Only one of these famous Arnolds is associated with index-funds:
![]() Stang | ![]() Schwarzenegger |
Here are some facts:
No good deed goes unpunished by the IRS: Last month, we reported the following item:| Starting later this year, E*Trade plans to rebate half of the 12b-1 and "shareholder service agreement" fees that it collects from mutual funds.....(For example, XYZ Fund Company might pay E*Trade 0.40% for distribution of its funds and administration of its client accounts, and E*Trade would rebate half of that fee, or 0.20%, to shareholders who hold XYZ Funds through E*Trade. On a $100,000 account, the rebate would amount to $200) |
More trouble for the E*Trade rebate proposal? In addition to problems with the IRS, the E*Trade 12b-1 rebate proposal (above) could incur the wrath of the SEC.....In a March 2003 No-Action Letter, the SEC questioned whether a fund's board of directors could properly approve a 12b-1 plan, knowing in advance that a portion of the plan fees were going to be rebated to individuals who purchased fund shares.....The SEC reasoning makes sense: A board is supposed to approve a 12b-1 plan only if the board concludes that the plan will benefit its fund and all of its shareholders.....If a fund pays expenses under a 12b-1 plan, knowing that part of the money will go right back into the pockets of shareholders, it's difficult to see how anyone benefits other than the recipient of the rebate.
When you wipe out 60% of your customers' wealth in three years, you tend not be in great demand:

Most mutual fund losers go on losing with impunity, so there's some satisfaction when one of the biggest losers of all is finally brought to justice by the marketplace.....We missed this event when it originally happened (late last year), but there's no time limit on good news, so here goes:| Michael Murphy fund (All "Monterey Murphy") | Cumulative return |
|---|---|
| New World Core Tech | -52.3% |
| New World Technology | -81.2% |
| Average tech fund | +5.4% |
| New World Biotech | -31.5% |
| Average health/biotech fund | +62.6% |
The Federal Reserve is run by seven governors and, theoretically, there's no one in America who should be more tuned-in to the financial world than these folks.....So, what do the personal investment portfolios of Greenspan and his Financial Titans look like?.....According to public financial disclosure reports, the Federal Reserve governors make investing about as interesting as a Gray Davis campaign speech.....Chairman Alan Greenspan holds 96 percent of his wealth in U.S. Treasury bills, although his wife (NBC reporter Andrea Mitchell) does own 11 individual stocks and four Dreyfus mutual funds.....As for the other governors:
PRESS RELEASE
Of the 232 closed funds that continue to charge a 12b-1 fee (that part of Screwem's press release is true), 53 come from the Idex family.....INVESCO has 23 closed funds that continue to extract 12b-1 fees and ING has 19,followed by Dreyfus (16) and General Electric Investment Corporation (12) ("We bring big fees to life") .....You can find the complete list of leeches at standardandpoors.com.*
OK, we were wrong: A couple of months ago, we suggested that Fidelity's very public support for the recent tax cut bill was an inappropriate venture into partisan Republican politics.....Since then, Fidelity has clarified its official position, which is basically that ending double taxation of dividends will help all of its customers, whatever their political persuasion.....Last month, Boston-based Fidelity traveled even further down the bipartisan road, when the firm announced that it would lease about 10,000 feet of excess office space to the Democratic National Committee, in preparation for the Democratic national convention in 2004.....FundAlarm apologizes for suggesting that Fidelity favors Republicans, and we'll even overlook the following lease provision, which seems just a bit unfair to the Democrats:
| 3. Rent. Tenant [Democratic Party] shall pay landlord [Fidelity] the sum of $16,740 per month for rent of the Premises. In addition to this sum, Tenant shall pay, on a monthly basis, separate fees for certain amenities and enhancements to the Premises, as follows: - Access to building elevators: $910 - View out windows: $1,320 - Breathable air: $1,390 - Protection from weevils and locusts: $1,440 |
Briefly noted:
| "...you can bet that...gimmick funds will soon be torn from the headlines.....A "War on Terrorism Fund" is probably a bit crass, even for the fund industry, but a "New Realties Fund" (investing in defense contractors, security firms, selected biotech and pharmaceutical companies) is almost a sure thing." |