Highlights and Commentary
By Roy Weitz
(Originally posted February 1, 2005)
[Archive Table of Contents]

Dull. Monotonous. Unexciting. Unvaried. Well-worn. With the help of my handy thesaurus, it's time to take our annual look at my personal mutual fund portfolio. As of December 31, 2004, my complete mutual fund holdings (in descending order of market value) were as follows:

Roy's Mutual Fund Portfolio
  • PIMCO RCM Global Technology D (DGTNX)
  • Weitz Partners Value (WPVLX)
  • Buffalo Small Cap (BUFSX)
  • Vanguard Health Care (VGHCX)
  • Cohen & Steers Realty Shares (CSRSX)
  • Vanguard European Stock Index (VEURX)
  • Vanguard Total Stock Market VIPERs (VTI)
  • Vanguard 500 Index (VFINX)
  • FBR Large Cap Financial(FBRFX)
  • Bridgeway Ultra-Small Company Market (BRSIX)

These holdings are exactly the same as they were a year ago, which is the first time that's happened since 1999, when I started this annual ritual of humiliation and full disclosure.....As long-time readers know, I seldom make changes in my fund portfolio, and this year I had one of the best reasons of all not to screw around with it: good performance......On a dollar-weighted basis, my portfolio returned just over 19% for 2004, which is considerably better than the average 2004 return of all stock funds in this month's FundAlarm database (13.9%).....I mention this year's performance not to boast about it, since many readers undoubtedly did better.....I've also had my share of subpar years, and certainly will again.....But what strikes me most about this year's performance is the benefit of diversification:

Roy's fund2004 return (%)
PIMCO RCM Global Technology D (DGTNX)17.46
Weitz Partners Value (WPVLX)14.99
Buffalo Small Cap (BUFSX)28.82
Vanguard Health Care (VGHCX)9.51
Cohen & Steers Realty Shares (CSRSX)38.48
Vanguard European Stock Index (VEURX)20.86
Vanguard Total Stock Market VIPERs (VTI)12.56
Vanguard 500 Index (VFINX)10.74
FBR Large Cap Financial(FBRFX)11.74
Bridgeway Ultra-Small Company Market (BRSIX)19.13

Solid performance from the middle of the pack, in two somewhat nontraditional sectors (real estate and European stocks), contributed about a third of my overall 19% return, and my decision to have two small-cap funds, instead of one, added about 120 basis points (1.2%)......[The discussion of my portfolio continues on the accompanying page]


It's now 16 months since the mutual fund scandals first broke, and any fund company that still hasn't confessed to its involvement with market timers deserves the full wrath of the law (not to mention the full wrath of its investors).....While we wait -- and wait -- for fund companies and fund directors to come clean, or for the SEC to act, a surprisingly simple pair of calculations can spotlight funds that have been preyed upon by market timers: All we need to do is compute the ratio of a fund's redemptions to net assets, along with its ratio of redemptions to sales.....If a fund's annual redemptions divided by average net assets (R/ANA, expressed as a percentage) is greater than 200%, and redemptions divided by sales (R/S) is greater than 95%, there's an excellent chance that the fund has been churned by market timers.

Example: Alliance Bernstein admits that its Technology Fund A was exploited by market timers, so we know that we're dealing with the real thing. Here are the fund's sales, redemptions, and average net assets (rounded) for the fiscal year ended November 30, 2003:

AllianceBernstein Technology A
Average net assets (ANA)$1.49 billion
Sales$12.26 billion
Redemptions$12.51 billion

Ratio of redemptions to ANA x 100 (R/ANA)840%
Ratio of redemptions to sales x 100 (R/S)102%

In other words, on average, every fund sale during the year was matched by a redemption of a corresponding amount.....And even though the fund averaged about $1.5 billion of assets for the year, the fund lost (and then regained) those assets, in roughly matching amounts, about every six weeks.....There might be an innocent explanation for a fund (like this one) with an R/S ratio of 102%.....But there are virtually no scenarios, other than market timing, to explain how such a large fund could also have an R/ANA ratio of 840%

The following table lists nine funds, mostly large ones, with the incriminating combination of high R/ANA and high R/S ratios.....As far as we know, none of these funds or fund families has yet admitted that it had arrangements with market timers, but the circumstantial evidence is very strong.....In fact, if you owned one of these funds during a fiscal year that ended between September 2002 and August 2003, you can assume that you were ripped off by market timers:

FundRatio of redemptions
to average net assets
(R/ANA)
(>200% is suspicious)
Ratio of redemptions
to sales
(R/S)
(>95% is suspicious)
Merrill International Value A2,406%98%
Kinetics Internet 2,071 %101%
Van Eck International Gold1,094%101%
Hartford International Opportunity A842%100%
Dreyfus Premier Worldwide Growth764%101%
American Aadvantage International Equity Pln Ahd 710%101%
U.S. Global World Precious Minerals697%98%
Diversified Investors International Equity636%97%
Gabelli Global Growth AAA580%105 %

Now, it's up to the fund's directors (fat chance) or the SEC to take the appropriate remedial action.....And maybe, just maybe, these funds deserve more than the usual slap on the wrist, since they all failed to confess their misdeeds when they had the chance.
"Observations on Frequent Trading at Mutual Funds" (January 3, 2005), Don Cassidy, lipperweb.com


It's tempting to hold socially-responsible funds to a higher governance standard than everyone else because, in some sense, they're asking to be held to a higher standard.....But what do we do with a socially-responsible fund, like Pax World High Yield, that fails to meet even the bare minimum standard for fund governance in one vital area?.....Why, we expose and ridicule it, so here goes: In May 2004, Pax World received a phone call from the SEC, inquiring about the high level of purchase and sale activity in the High Yield fund during 2003.....Since this suspicious activity was apparently news to the directors of the fund, they launched an internal investigation of trading activity, and eventually discovered that the fund had been subject to "frequent short-term shareholder trading activity" (i.e., market-timing).....It's nice to know that the directors finally uncovered these nefarious trades by market timers, but here's our question: What were these directors doing between September 2003, when the fund scandals first broke, and May 2004, when they took the call (and got the heads-up) from the SEC?.....Didn't one director -- just one -- pay attention to the ubiquitous scandal news and understand what it might mean for this fund?..... Didn't one director -- just one-- wake up from his nap and think that it might be his job to examine fund trading activity, without waiting for a call from the SEC?.....The data to perform this calculation is readily available in the fund's 2003 annual report, and the mechanics of the calculation (along the lines discussed in the item immediately above) couldn't be easier.....It took FundAlarm about ten minutes online to locate the following data for Pax World High Yield, and about 30 seconds to perform the necessary calculations, as follows:*

Pax World High Yield (year ended 12/31/03)
Average net assets (ANA)$39,538,180
Sales$224,672,696
Redemptions$213,749,576

Ratio of redemptions to ANA x 100 (R/ANA)540.6%
Ratio of redemptions to sales x 100 (R/S)95.1%

In other words, Pax World High Yield had the classic characteristics of a market-timed fund during 2003.....Pax World claims that it was the innocent victim of market timers, which we have no reason to doubt.....But that doesn't excuse the cluelessness of the directors in promptly uncovering the market timing after it occurred, and it doesn't explain why they still have their jobs.....Pax World says it has taken steps to stop future market timing, and the fund's directors "believe" that shareholders did not suffer any "material losses" due to this activity.....Yes, and Roy "believes" that for every drop of rain that falls, a flower grows.
* The fund directors would have an even easier time getting the data, since all they have to do is ask the fund manager. The fund manager might even do the math.



Mario

Gabelli
If your mutual fund manager also runs hedge funds and private accounts, you may be concerned that he or she is stretched too thin, has divided loyalties, or undisclosed conflicts of interest.....But what if your mutual fund manager is also the chairman and CEO of a publicly-traded company, and receives substantial income for running that company?.....As you might have guessed, this isn't a hypothetical question: Mario Gabelli, the lead manager of six Gabelli mutual funds, is also the chairman and CEO of Lynch Interactive (AMEX symbol=LIC).....During the most recent fiscal year, Lynch Interactive paid Gabelli $1.1 million in salary and bonus, and presumably Gabelli spent some amount of time earning it, which is time that he didn't spend paying attention to his mutual funds (Super Mario's firm, Gabelli Asset Management, also owns about $20 million worth of Lynch Interactive stock, which gives Gabelli another incentive to pay attention to the company)......It would seem that shareholders of Gabelli's funds have the right to know (a) that their manager is moonlighting, and (b) how much time he spends on his extra-fund activities.....Under current securities law, however, Gabelli isn't required to disclose his Lynch activities to fund shareholders and, needless to say, he hasn't provided this information voluntarily.
"Consultant Chides Gabelli On Disclosure," Jessica Toonkel, Fund Action, December 17, 2004


Starting February 28, every mutual fund will be required to disclose how much each manager has invested in his or her own fund.....Putnam has voluntarily disclosed this information since last fall, and the results so far are revealing.....For example, consider the following table, which shows manager ownership for each of Putnam's five largest funds:

Putnam fund"Portfolio leader"*
(date started)
"Portfolio member"*
(date started)
Dollar range of
fund shares owned
(thousands of dollars)
Fund for Growth & IncomeHugh Mullin (1996)
$100 - $500


David King (1993)$100 - $500


Christopher Miller (2000)$100 - $500

VoyagerBrian O'Toole (2002)
"over $100"


David Santos (2003)"over $100"

New OpportunitiesKevin Divney (2004)
$0

Paul Marrkand (2004)
"over $100"


Richard Weed (2003)$0

International EquityJoshua Byrne (2003)
$50 - $100

Simon Davis (2003)
$10 - $50


Stephen Oler (2000)$50 - $100


Mark Pollard (2004)$0


George Stairs (2002)"over $100"

George Putnam of BostonJeanne Mockard (2000)
$10 - $50


Kevin Cronin (2003)$50 - $100


Jeffrey Knight (2001)$0


Raman Srivastava (2004)$0
* Putnam distinguishes between "portfolio leaders" and "portfolio members," which roughly corresponds
to "lead managers" and "assistant managers" at other fund companies.

Is there any doubt that the personal financial stake of the Voyager managers (for example) makes that fund a more attractive investment than George Putnam of Boston, which has a decidedly tepid financial commitment from its managers?.....Even allowing for the broad dollar ranges of the ownership categories (which will be somewhat narrower after February 28), and after making allowances for relatively new managers (who might not have had the time to accumulate a stake in their fund), this kind of information should help individuals make better investment decisions.


If we tried to interest you in a mutual fund with an expense ratio of 7.29%, you'd probably tell us to get lost (or at least we hope you would).....Yet, somehow, $121 million has found its way into exactly such a fund, Dreyfus Founders Passport A (FPSAX).....If you look at the fund's prospectus, you'd see an expense ratio of "only" 2.45%, so where does the additional five percent or so of expenses come from?.....The rest of the fund's 7.29% expense ratio is attributable to brokerage costs, which just as surely come out of investors' pockets, but aren't included in the official expense calculation.....You can think of high expenses -- including brokerage costs -- as a lead weight, a headwind, or a deep hole that your fund manager has to dig out of.....Whatever metaphor floats your boat, fund expenses are one of the few investment variables that investors can entirely control.....Here are 11 additional funds, each with an exceptionally high real expense ratio (that is, the official expense ratio, plus brokerage costs):

Fund"Official" expense
ratio
"Real" expense
ratio
(includes brokerage)
Boston Partners Long/Short Equity Inv (BPLEX) 2.75%6.72%
Kelmoore Strategy Eagle A (KSEAX) 2.25%6.00%
AXP Global Technology A (AXIAX) 1.94%5.55%
Van Wagoner Emerging Growth (VWEGX)2.36%5.46%
Jacob Internet (JAMFX)2.85%5.22%
Kelmoore Strategy A (KSAIX)2.00%5.00%
Driehaus Emerging Markets Growth (DREGX)2.35%4.75%
Eaton Vance Greater India A (ETGIX)( 3.35%4.53%
JP Morgan Fleming Intrepid European A (VEUAX) 1.70%4.51%
Armada Small Cap Growth A (ASGRX)1.48%4.29%
Kelmoore Strategy Liberty A (KSLAX)2.25%4.20%
"Hidden Expenses," James M. Clash and Michael Maiello, forbes.com, January 31, 2005


How would you feel if the host of your party decided to leave, because there was a better party next door? U.S. Trust runs the Excelsior mutual funds, and the employees of U.S. Trust (through their defined benefit pension plan) have been big investors in the Excelsior fund family.....But no more.....The pension plan for U.S. Trust employees is pulling its money out of the Excelsior funds, and the money will be redeployed into separate accounts managed by U.S. Trust, as well as "other investments, including strategies not currently available" through the Excelsior funds.....Since pension trusts don't have any income tax concerns, there can be only two-and-a-half reasons why the pension fund managers have decided to part company with the Excelsior mutual funds: (1) they are disappointed in the performance of the funds, (2) they feel the fees are too high, or (2½) some combination of the two.....Since the pension fund appears to be pulling out all of its money, instead of axing just a few Excelsior funds, our guess is that high fund fees, across the board, are the main reason for the exodus.....(Remember, pension plan trustees have a legal obligation to get the best possible fee deal for their participants, while mutual fund trustees/directors are subject to a much looser standard).....Excelsior says that the pension fund could pull out a "significant portion" of the assets of certain funds (no names provided), but that "total fund operating expenses are not expected to rise as a result of these redemptions".....No word about the capital gains hit to shareholders, if any, as a result of this move.

Thanks to "Double L," who posted this item on the FundAlarm Discussion Board (January 22, 2005). As Double L asks, "What kind of vote of confidence is this? US Trust Corp. which owns Excelsior Funds, will pull all their Employee defined benefit pension plan money from the Excelsior funds effective 1-31-2005. They go to great length to explain this really will not harm me. This makes me wonder if I should stick around."


Most mutual funds probably have at least a couple of stocks each year involved in class action lawsuits, and that raises an interesting question: When it comes time to collect the money that has been set aside for class-action settlements, how effectively do mutual funds represent the interests of their shareholders?.....We'll answer that question in a minute, but first some quick background: When a publicly-traded company loses a class-action lawsuit, the settlement money is typically placed in a court-supervised account.....Owners of company stock during a specified period -- for example, the 18 months during which the CEO cooked the books -- are eligible to file written proofs of claim, and the number of claims filed determines how much each shareholder will receive from the settlement fund.....Details vary from case to case, but one rule is universal: If you don't file a claim, you don't collect a penny from the settlement fund.....Now, to answer our initial question: According to a recently-filed lawsuit, mutual fund companies have generally done a lousy job at filing proofs of claim, which means that fund companies have failed to collect millions of settlement dollars -- perhaps even billions of dollars -- that funds, and ultimately fund shareholders, were entitled to.

The lawsuit is still in the early stages, but more than 40 fund managers have been named (including Janus, Vanguard, and Dreyfus).....Unlike many securities lawsuits, this one is relatively easy to understand: For every public company that was involved in a class-action lawsuit over the past few years, a particular mutual fund either owned or didn't own stock in that company during the relevant period, and that fund either did or didn't file a claim for its share of the settlement money.....Funds that didn't file proofs of claim -- and we suspect there are many - will probably argue that they made a legitimate business decision, since the cost of filing claims would have outweighed the value of the potential recoveries for shareholders.....But what about funds that could have collected some small amount for each shareholder, but didn't?.....This is where the issues become considerably more complex .....For example, let's say a fund manager failed to collect a net ten cents of class-action settlements for every $1,000 of shareholder assets, because the collection process was too expensive, too time-consuming, or too inconvenient.....Is it ever OK for a fund manager to blow off a potential recovery for shareholders, because the recovery amount is too small to bother with?.....If the answer is "yes," and courts decide that fund managers aren't liable for small amounts of damage to their shareholders, then what about market-timing cases, where the amount of monetary damage per shareholder can also be very small, but the damage to the institution of mutual funds can be quite significant?.....Like we said, these cases raise some interesting questions.....In fact, some of these issues go to the heart of the relationship between fund manager and fund shareholder, and they also raise important questions about fund directors (for example, where were the directors when their funds failed to file for class-action recoveries?).....As these cases move forward, we'll try to stay on top of them.


Briefly noted:
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FundAlarm © Roy Weitz, 2005