Compliance

Regulators in Utah have dropped charges of fraud and apologized for dinging the reputation of two First Western Advisors brokers, according to the Salt Lake Tribune.

PALM DESERT, Calif.-Interactive data, books and recordkeeping requirements and 12b-1 fees were a few of the key issues repeatedly discussed at the Investment Company Institute's "Mutual Funds and Investment Management Conference" here last week.

PALM DESERT, Calif.-Modernizing fund rules, remembering fundamental basics of serving investors, keeping a watchful eye on globalization of the fund industry and facing risky practices head-on were key points of Andrew Donohue's keynote speech at the Investment Company Institute's "Mutual Funds and Investment Management Conference" here last week.

The April 16 deadline for fund companies and their intermediaries to ink information-sharing agreements in compliance with Rule 22c-2 has set off a flurry of negotiations and shifted attention to the next component of the rule: data analysis.

The comment period for the independent directors rule ended a month ago, and as the Securities and Exchange Commis-sion nears a vote on the measure, speculation is increasing that it will bend to the industry's fierce opposition to having fund boards run by independent chairmen. SEC Chairman Christopher Cox recently said that one alternative might be appointing a lead independent director, and industry insiders have indicated that the SEC might merely call having an independent chairman a "best practice."

The distributor and investment advisor for the Franklin Templeton family of mutual funds has agreed to pay $20 million to settle charges that they made ill use of brokerage commissions.

Fidelity Investments is gearing up for a fight with federal regulators now questioning a business relationship between a pair of siblings who handle a fraction of the fund giant's trading business. Fidelity trader David K. Donovan and his younger brother, Peter Donovan, an employee of Bank of American Securities, are under investigation for forging an improper business relationship, attorneys close to the case told The Boston Globe last week.

Say it ain't so, Fido.

The largest scandal in the mutual fund industry's 80-year history has prompted regulators to revamp how funds conduct business by implementing a series of reforms. Dozens of firms have been sued and accused of fraud, a handful of executives are facing criminal charges and investors have realized how little they really know about how their retirement dollars are being invested.

First Command Financial Services, a leading seller of financial products to military personnel, agreed last Wednesday to pay $12 million to settle allegations that it used shady sales practices to pitch mutual funds to thousands of enlisted men and women over the last five years.

SEC Governor Cynthia Glassman once again spoke out vehemently against the Commission's new rule that will require fund boards to have independent chairmen. "This debate is not over," she said, referring to a lawsuit that the U.S. Chamber of Commerce has brought against the SEC and a request by Congress for the Commission to look at the effects of the new rule.

Soon to retire Sen. Peter Fitzgerald (R-Ill.) recently applauded the efforts of federal securities regulators for their continuing efforts to enact a series of mutual fund reforms that benefit individual investors.

The NASD has come down on 29 broker/dealers for more than 8,000 instances of failing to disclose reportable information to customers. The firms have neither admitted to nor denied allegations, but consented to the entry of the findings. Reportable information includes customer complaints, regulatory actions, criminal charges and convictions.

Two attacks on the SEC's requirement for independent board chairmen are unlikely to topple the hotly contested rule, industry insiders say, and like it or not, funds run by outsiders could find their fees, and therefore their profits, reduced. But one ploy that could result would be a delay past the current Jan. 16, 2006 deadline for funds to install independent chairmen.

Paul Roye, director of the SEC's division of investment management, recently indicated that clearly defining what can be exchanged between brokers and fund companies through soft dollars will be a priority of the Commission in 2005. Speaking before the Consumer Federation of America, Roye said that this will be a "front-burner" priority, one that will probably be resolved by limiting the definition of "research."

Securities regulators have launched an informal probe of mutual fund and brokerage firms to determine whether brokers doled out lavish gifts to attract trading business.

The NASD has barred James B. Moorehead, a former broker with AmSouth Investment Services, from the securities industry for life for alleged fraud, forgery, and falsification of documents in connection with variable annuity sales.

The Securities and Exchange Commission's formal dealings with mutual fund companies reportedly will continue into next year if the Commission follows through on plans to punish investment firms for failing to provide mutual fund board members with vital information.

ORLANDO, Fla. -- Speaking at the 2004 Operations Conference and Service Provider Exhibition here, Investment Company Institute President Paul Schott Stevens stressed the importance of funds and their operations support working together with regulators and the media to redefine the culture of the mutual fund business in the wake of the largest scandal in its history.

NEW YORK -- While corporate governance in the financial services industry has improved markedly over the past year, unsettled problems such as high executive compensation and continued conflicts of interest must be rectified, a top Ernst & Young executive said last Tuesday. The resulting tightened regulation combined with heightened competition from separately managed accounts and alternative investments for high-net-worth investors, is going to mean an especially competitive landscape in the year ahead, he said.