The
Those named in the suits are PA Fund Management (the investment advisor), PEA Capital (the sub-advisor) and PA Distributors (the underwriter and distributor).
Stephen M. Cutler, director of the SEC's division of enforcement, stated, "An investment advisor's undisclosed use of mutual fund assets to defray the adviser's, or an affiliated distributor's, own marketing expenses is a breach of the adviser's duty. Our action today like the action brought by the Commission against
For Lockyer, the case is the first enforcement action he has taken against a mutual fund firm using a law he sponsored expanding his authority in securities fraud cases. The law took effect on Jan. 1.
PIMCO consented to the charges without admitting or denying their findings.