Highlights and Commentary
By Roy Weitz
(Originally posted October 1, 2002)
[Archive Table of Contents]

A wave of humility sweeping over the Janus funds would be huge news.....In the absence of that, we merely have some big news to report: There's going to be a major shakeup in the corporate structure of the Janus and Berger funds.....First, some quick background: For the past several years, Janus has been a subsidiary of publicly-traded Stilwell Financial Inc......Berger Financial Group, which runs the Berger funds, has been another Stilwell subsidiary.....Berger manages most of its funds in-house, but a few of its funds are run by subadvisors.....As of December 31, 2002, you can expect the following changes:

According to a number of press reports, these changes mean that Janus fund managers have finally won the battle to run their own company, to which we say, "Be careful what you wish for".....Under the old structure, Stillwell executives knew that they couldn't push the Janus prima donnas too hard, because there was likely to be a mass uprising.....Therefore, for the past two years, Stilwell has pretty much left Janus alone.....Starting in January, Janus fund managers will have the structure they've always wanted, and Stilwell shareholders will expect results.....If the Janus fund managers don't quickly generate better investment numbers, new-CEO Whiston and his friendly management team are going to face enormous pressure to make the kind of changes that Stilwell never could.....For that reason, we think manager changes at the Janus funds are now more likely than ever.
* The nine Berger funds that will disappear or undergo management changes are: Growth, Large Cap Growth, Mid Cap Growth, Small Company Growth, Balanced, International, International CORE, International Equity, and Information Technology
** The four subadvised Berger funds are: Small Cap Value, Mid Cap Value, Large Cap Value, Small Cap Value II


Mutual funds have been very, very good to me: This year's Forbes listing of the 400 richest people in America includes a "Green Thumbs" section, and that's where all the money managers can be found.....Even after a disastrous year for investors, the mutual fund world continues to be well represented.....The wealthiest Green Thumb is Abigail Johnson, daughter of Fidelity CEO Ned Johnson, who's reportedly worth $8.2 billion, while her father is worth a mere $4.1 billion.....Here's this year's complete list of mutual fund money bags, along with last year's numbers for comparison:

NameFund affiliationNet worth (2002)Net worth (2001)
Abigail JohnsonFidelity$8.2 billion$9.1 billion
Ned JohnsonFidelity$4.1 billion$4.6 billion
Charles JohnsonFranklin$1.7 billionForbes missed him
Rupert Johnson Jr.Franklin$1.3 billionForbes missed him
Tom BaileyJanus$975 million$1.1 billion
Alberto VilarAmerindo$900 million$1.0 billion
Michael PriceMutual Series$875 million$900 million
Alfred West Jr.SEI$825 million$1.2 billion
Tom MarsicoMarsico$760 million$750 million
Richard StrongStrong$750 million$850 million
James StowersAmerican Century$575 millionNA
Charles BauerAIMDidn't make it$800 million
Jim OelschlagerOak Associates
(White Oak, Red Oak, etc.)
Didn't make it$600 million

Hey, Forbes (we tell you this every year, and you never listen to us): Check out the Lovelace family, which owns the American Funds.....If they don't also belong on this list, we'll eat an annual report.


The bond funds formerly known as Heartland:

Background: 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%, respectively. A class-action lawsuit ensued, and in March 2001 the SEC put the funds into receivership.

Sideshow: On September 29, 2000, the sinking Heartland muni funds desperately needed cash to meet 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 (a Heartland board member, who's also a member of the SWIB, helped arrange the transaction). According to the terms of the deal, SWIB would receive 100% of its principal, plus a minimum 20% annual return, both guaranteed by Heartland and its President, Bill Nasgovitz.

Update:

  • In July, Heartland agreed to settle the class-action suit for $14 million, of which $10.3 million will go to investors, and the rest to the lawyers.....Heartland's insurance policy will cover $10 million of the settlement.....President Nasgovitz will dig into his own pocket for the remainder of the settlement ($4 million), plus $5 million in legal costs.

  • As a result of the settlement, shareholders in the High-Yield fund will receive an average of 32 cents on the dollar, while Short Duration shareholders will receive just 17 cents.

  • According to the plaintiffs' lead attorney, the part of the settlement that Nasgovitz is paying represents a "very substantial portion" of his net worth.

  • The plaintiffs' lead attorney appears to have some odd definition of "very substantial".....As a company, Heartland still has a market value of about $40 million, and Nasgovitz owns at least 75% of it, so even after all this messy litigation Nasgovitz is left with an asset worth at least $30 million.....On the income side, last year Heartland earned $8.1 million in management fees from its remaining mutual funds, and it probably earned another $3 million or so from its private accounts.....Assuming a 30% profit margin, Nasgovitz would have taken home a minimum of about $2.5 million last year, and he'll continue to do so, year after year.....That's not a bad return from a disgraced company that has stiffed about 10,000 investors.

  • As far as we can tell, the directors of these disastrous Heartland funds haven't been required to cough up a penny.....So, next time a fund director tells you that his/her exorbitant director's fee is justified by the heavy "responsibilities" that they bear, feel free to laugh in his/her face.

  • In early September, the folks at the State of Wisconsin Investment Board (SWIB) informed Heartland that it's time to pay up on that sweetheart bond deal, and the SWIB will shortly receive about $11.6 million on its $8.3 million investment, which represents a return of about 40%.....In other words, Nasgovitz somehow found the cash to pay the SWIB, and give them a spectacular return, even though he was supposedly tapped out after the settlement with the bond fund investors.....Can you tell us again how all investors are supposed to operate on a level playing field?

  • The SEC is still investigating Heartland.....The SEC is still investigating Heartland.....The SEC is still investigating Heartland.
Sources: "It's Wisconsin's Turn to Collect from Heartland and Nasgovitz," Karen Damato, The Wall Street Journal, August 30, 2002; also, several articles by Kathleen Gallagher at jsonline.com (the Web site of the Milwaukee Journal Sentinel)


"How many fund sites have no performance information?" That was the query recently posed by FundAlarm reader David Moran, and David was able to suggest at least one answer to his own question: The Web site of the Millennium Funds.....Sure enough, there's not a single performance number on the entire Millennium Web site, which, when you think about it, makes perfect sense for a fund family that has no performance numbers worth mentioning.....Still, it makes you wonder why they even bother with a Web site.....Given the fact that the latest "investor report" on the Millennium site is dated December 31, 2000, we've also taken the liberty of updating the firm's slogan:





Andrew Yeckel is a dangerous investor, because he actually reads the documents that mutual fund companies produce.....Andrew isn't happy with what he's been reading at Vanguard lately, and he also isn't happy with the returns on his Vanguard bond funds.....Here's part of an e-mail that he recently sent us:

"If you are looking for someone to criticize for having a misleading fund name, you need to look no further than Vanguard. The Vanguard Short Term Bond Index fund returned 1.9% during the first six months of 2002, when its Lehman Brothers bogey returned 3.1%. According to Vanguard's latest semi-annual report...this rather significant failure to match the index occurred because the fund overweighted telecomms, and "substituted" corporates for treasuries...I recognize that by prospectus Vanguard is allowed to invest up to 20% of assets in a manner that could be described as active management, but it sounds to me like the fund is engaging in a lot more active management than a reasonable investor would expect from the use of the term "index" in the fund name. Moreover, although the prospectus acknowledges the active management component for 20% of assets, the prospectus places a heavy emphasis on the passive management aspect of the fund, clearly stating that the fund is expected to closely track the index, minus expenses."

Andrew makes a couple of good points: The 20% active component is probably more than the average investor would expect from a Vanguard fund with an index label, especially an investor who hasn't carefully read the prospectus.....But even investors like Andrew, who have read the prospectus, might come away with the impression that this fund is virtually guaranteed to track its index.....For example, consider the following excerpt from the prospectus of Vanguard Short-Term Bond Index (try reading the black text first, which is the way Vanguard wrote it, and then read FundAlarm's additions in red):

"The Fund employs a passive management--or "indexing"--strategy designed to track the performance of the Lehman Brothers Aggregate Bond Index...The Fund invests at least 80% of its assets in bonds represented in the Index. The remainder of its assets may be invested outside the Index, in bonds whose characteristics and risks--including maturity, credit quality, and issuer type--are expected to be similar to those of bonds in the Index. To the extent that the Fund invests outside the Index, it may employ active management strategies. The Index and non-Index securities, in combination, [are expected to have] [will have] characteristics and risks similar to those of the Index. "

In this paragraph, Vanguard doesn't even hint that the 20% active component might not track the index precisely.....Similarly, Vanguard's prospectus discussion of its "corporate substitution strategy," which Andrew notes in his e-mail, leaves out an important warning:

" CORPORATE SUBSTITUTION STRATEGY. In "sampling" its target index, each of the Vanguard Bond Index Funds has the flexibility to overweight particular types of bonds relative to their representation in the target index. For the Total Bond Market and Short-Term Bond Index Funds, this normally involves substituting corporate bonds for government bonds of the same maturity. The corporate substitution strategy may increase a Fund's income, but it may also marginally increase its exposure to credit risk..."

Again, Vanguard doesn't even hint at the possibility that the "substituted" securities might fail to exactly replicate the index securities they've been chosen to replace (which, in fact, has been the case).....Over time, this year's shortfall in the Short Term Bond Index fund probably won't amount to much.....But a company like Vanguard should be able to do a better job of explaining the day-to-day risks of its fund, because day-to-day is where we all live.


Briefly noted:
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FundAlarm © Roy Weitz, 2002