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

Mutual fund directors are as close as we get to "insiders" in the mutual fund world, and it can be fun (and occasionally instructive) to see how insiders invest their own money.....According to recent proxy materials from Vanguard, a group of seven directors (technically, trustees) runs all 109 Vanguard funds, and each director personally owns, in total, at least $100,000 worth of Vanguard funds.....But as you might expect, the type of funds, and the amount invested, varies widely from director to director.....For example:
You can view all of the Vanguard directors, and the funds they own, on the accompanying page


Are money market funds about to "break the buck?" While the possibility might not keep you awake at night, the question does raise some important issues.

Sources: "Money Funds Slash Their Fees to Stay at $1 Net Asset Value," Karen Damato, The Wall Street Journal, October 25, 2002; "Low Rates Are Squashing Money Funds," Ken Hoover, Investor's Business Daily, November 19, 2002; "For money funds, zero sum is no game at all," David Hoffman, Investment News, October 28, 2002; "Money funds worried about rate cut," Kristen Gerencher, CBS.MarketWatch.com, November 4, 2002


Last month, we reported that Thurlow Growth had been censured and fined by the SEC for having out-of-date performance information on its Web site.....Clearly, fund manager Tom Thurlow deserves a full share of the blame.....But a FundAlarm reader alerted us that several Thurlow family members are also involved.....Indeed they are: According to SEC filings for the year 2000, when Thurlow Growth was getting itself in trouble, the fund had five directors (it apparently picked up a sixth and seventh director late in 2000).....One of the directors was asleep-at-the wheel Tom himself, one (and then two) director spots were filled by Thurlow's sisters, and Thurlow's wife rounded out the happy little family gathering.....All of the directors served for zero compensation which, in this case, is exactly what they were worth.


Absent the asteroid, it would have been an ordinary day for the dinosaurs, too:

"Absent the fraud revelation, they would have paid off..."

The quote above comes from Frederick Green, co-manager of the Merger Fund, who was justifying his purchase of WorldCom bonds when they were still rated "investment grade".....The Merger Fund is looking at its first losing year in over a decade.....That's mainly because big merger deals are scarce, and the Merger fund managers have ventured beyond their area of expertise, into corporate bonds and distressed debt.
Business Week (Lewis Braham), November 25, 2002


The last few days of October brought good news and bad news for fund manager Tom Marsico.....The good news: Marsico Growth got a nice write-up in the Sunday New York Times (October 27), and several of Mr. Marsico's best and brightest stock ideas, including Tenet Healthcare, were prominently featured in the Times article....."Consolidation has strengthened the market position of Tenet Healthcare," Marsico told the Times, and he also noted that Tenet has growing numbers of patients in three care-intensive medical specialties (cardiovascular, neurological, and orthopedic). "When people are in hospitals for problems that require a lot of treatment, you can spread the fixed costs of the hospital visits over a higher revenue base".....Thanks, Tom, that sounds great!.....But now for the bad news: On October 28, a day after Marsico's endorsement of Tenet appeared in the paper, a major research firm downgraded the company's stock, citing concerns about exactly the kind of specialty-care reimbursements (called "outlier reimbursements") that Marsico had been so hot about in his interview.....Just a day after the downgrade, Marsico issued a press release, claiming that "new information" about Tenet's outlier reimbursements had become available (in other words, Marsico read the analyst's report).....Marsico said that his firm had "reassessed" its views about Tenet, and was planning to reduce or eliminate its investment in Tenet.....How quickly was Marsico able to get off his reassessment and sell?.....We don't know, but we do know that Tenet was the top holding of both Marsico Growth and Marsico Focus as of September 30.....If Marsico was able to unload his entire Tenet position on the day of the press release, he would have gotten out with a gain of about $9 per share ($30.49 average cost basis, versus $39.25 closing share price)......But just a week later, after a flood of additional bad news, Tenet shares were trading in the mid-20s, and heading down.....Chances are, Marsico got lucky, and his shareholders didn't get flattened -- which is more than you can say for Marsico's reputation.


Speaking of embarrassed fund managers, Blaine Rollins of the Janus Fund was also caught holding a large position in Tenet Healthcare when the bad news hit.....Let's take a look at his comments:

" [Tenet] was a conservative growth stock with great management. I spent a lot of time with the CEO (Jeffrey Barbakow), who I really respect, only to find that the CEO didn't really know how hard the COO and the president were pushing the hospitals for revenue growth."

Do these Janus fund managers even think before they start flapping their lips?.....How could management be "great" if the CEO didn't know what the COO and president were doing?.....On what basis does Rollins "respect" this ultimately clueless chief executive?.....How could Tenet be a "conservative" stock when its managers were so aggressively pushing for growth?.....Lets face it: Rollins simply didn't understand Tenet's business, and he got burned.....Honest mistakes can be excused.....Smug, self-serving gibberish like this deserves ridicule, and we try to do our part.
"Janus Fund manager upbeat despite hard hits," Larry Fine, Reuters, November 21, 2002


A FundAlarm reader gave us permission to reproduce this e-mail exchange about Meridian Value, exactly as it occurred.....The reader wrote to us first, we responded, and the reader followed up:










This FundAlarm reader gives good, hard-earned advice.....All data sources make mistakes, and it's always a good idea to double-check any data that is critical to your decision.


Politicians everywhere must be green with envy: A few mutual funds are majority-owned by fund insiders.....As a shareholder in such a fund, you might be pleased that the folks in charge are willing to invest their money alongside yours.....But there's also a downside to majority ownership: When insiders control 50% or more of a fund's shares, they also predetermine the result of all issues that are subject to shareholder approval.....Case in point: Davis International Total Return recently fired its subadvisor, Fiduciary Trust Company, and replaced that firm with Marcstone Capital Management.....Fund investors were told that they would be "invited to vote" on the manager change at the December 22 shareholder meeting, but they were also told that voting would be a waste of time.....According to an SEC filing, Davis "family, directors and officers" control more than 50% of the fund's shares, so Davis wasn't planning to solicit proxies, the outside shareholder votes wouldn't matter, and the manager change was a done deal the moment it was proposed.....How can you tell if your fund is majority owned?.....In the Statement of Additional Information, funds are required to list all owners of 5% or more of their shares.....If your fund is insider-owned, it should be right there -- assuming you can get hold of that elusive document.
"Funds To Investors: Your Votes Don't Count," Lori Pizzani, Mutual Fund Market News, October 21, 2002


How many shareholders are aware that funds must disclose all 5% owners?.....Very few, we suspect, but that's OK, since few of us are affected by this rule.....But if you're a fat-cat fund investor, and especially a fat-cat investor in a relatively small fund, this disclosure requirement could result in a major breach of your privacy.....For example, consider the following excerpt from one fund's recent Statement of Additional Information (SAI):


This disclosure not only tells us that Dr. John Bingham Ellison owns about $5.4 million worth of this fund (at a current NAV of about $17), we also learn where this relatively wealthy man lives (we've blacked out the address, but it's definitely his home).....If you're fortunate enough to own 5% of any mutual fund, and you want to avoid this kind of publicity, you might want to make sure that your address of record is a post office box, or at least your office.....If possible, you might also want to hold your account in a trust that doesn't identify you by name (for example, the RW Family Trust).


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Briefly noted:



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