| 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. |
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| 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.
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| 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.
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 | 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)
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