November 29, 2010

Mutual Fund Giants Ensnared in Insider Trading Probe

Janus, MFS, others receive 'general information requests' from SEC

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from The Advisor's Professional Library
  • Differences Between State and SEC Regulation of Investment Advisors States may impose licensing or registration requirements on IARs doing business in their jurisdiction, even if the IAR works for an SEC-registered firm.  States may investigate and prosecute fraud by any IAR in their jurisdiction, even if the individual works for an SEC-registered firm.
  • Agency and Principal Transactions In passing Section 206(3) of the Investment Advisers Act, Congress recognized that principal and agency transactions can be harmful to clients. Such transactions create the opportunity for RIAs to engage in self-dealing.

Janus Capital Group Inc. said it received a request for general information from the Securities Exchange Commission related to FBI raids last week of three Connecticut-based hedge funds. The Denver-based mutual fund giant says it intends to fully cooperate with the inquiry.

"Janus maintains rigorous compliance procedures and Janus has confidence in the integrity of its processes and its people," the company said Nov. 23 in an e-mailed statement.

The Associated Press notes Janus is the first publicly traded company to acknowledge getting a request in the inquiry, which grabbed headlines when the FBI raided three Connecticut hedge funds.

The Janus filing comes as media reports surface of similar requests made by the SEC to MFS Investment Management and Wellington Funds, both based in Boston. Offshoots of legendary hedge fund SAC Capital, led by equally legendary manager Steven Cohen, were raided by federal authorities last week as part of an insider trading investigation. SAC Capital has also reportedly received subpoenas.

Janus manages of $161 billion in assets as of Sept. 30, according to the company's website.

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