Mutual Funds Allowed Fraudulent Trading, Spitzer Says
Just six months after reaching a settlement with investment banks over tainted research, Eliot Spitzer, the New York attorney general, said today that major mutual fund companies had engaged in fraudulent after-market trading practices with privileged institutional investors.
The attorney general made his claims in announcing a settlement with a hedge fund investor who Mr. Spitzer said had set up an operation with Bank of America's mutual fund division that allowed him to buy and sell mutual fund shares after the market had closed and then trade them the next day for a substantial profit.
The investor, Edward J. Stern, who manages a hedge fund called Canary Capital Partners, has agreed to settle with Mr. Spitzer's office, returning $30 million in profits and paying a $10 million penalty.
In his complaint, Mr. Spitzer's office also said Mr. Stern and officials at Bank of America's mutual fund division had engaged in market timing, in which investors buy and sell shares for short-term benefit.
Mutual fund companies discourage such behavior in their prospectuses by charging extra fees to investors who try to take advantage of such pricing anomalies.
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