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To: Professor Dotcomm who wrote (81778)2/8/2002 5:13:36 PM
From: long-gone  Read Replies (2) | Respond to of 116798
 
I wonder if there are disclosure problems & or communications / front running between analysts & fund managers where mutual funds are run by brokerage houses / banks? Why not have a mutual fund buy then raise a stock rating to a "strong buy", or short then downgrade to a "strong sell"? How many mutual funds have a short gold position?

Thursday February 7, 4:13 pm Eastern Time
Amid more disclosure, funds mum on stock holdings
By James Paton

NEW YORK, Feb 7 (Reuters) - Mutual fund managers are known to tout their favorite stock picks -- on television, at conferences or in financial publications.

But unlike Wall Street analysts, they are mainly left out of the raging debate over conflicts of interests in the financial world.

Analysts are accused of being cheerleaders for their firms' corporate clients, and have drawn fire for not saying they own the stocks they promote. Fund managers face similar conflicts of interest related to their stock holdings, but don't have the pressure of keeping corporate management happy.

``If a Merrill Lynch analyst is saying, 'This is the hottest stock around. Boy, if you don't get on this train, it's going to leave the station,' that's one thing,'' said Burt Greenwald, a fund industry consultant. ``But the fund manager isn't in the business of selling securities to third parties, so there's a whole different equation.''

It's the Wall Street research analysts who have drawn all the scrutiny so far. Regulators on Thursday took the biggest step yet to keep analysts honest, including requiring them to tell investors which stocks they have in their personal portfolios.

Fund managers who talk about stocks are not required to say how many shares sit in their portfolios or how many they own personally, and they make a good case for keeping it that way, despite growing appeals for more disclosure.

Revealing current holdings information, firms note, could allow others to profit at the expense of fund holders. And most fund firms, experts say, have rigorous codes of ethics in place to monitor managers' trades and keep them honest.

MANY OF THOSE WHO CAN TELL, DON'T

For some managers, it's a moot point anyway.

At many fund firms now, managers are not permitted to discuss individual stocks at all. Managers who are free to talk about specific securities, like those at Pennsylvania fund firm The Vanguard Group, typically opt not to mention any.

A reporter called Vanguard on Thursday asking to speak to a portfolio manager about WorldCom Inc. (NasdaqNM:WCOM - news), the voice and data services company. But not a single manager was biting, said Brian Mattes, a spokesman for Vanguard.

``They don't want to telegraph to the world what they're doing with the stock,'' Mattes said. ``They might love WorldCom, but they're not going to say, 'Hey, I have a $20 billion fund and I want to put 5 percent of it in WorldCom. If they said that, you've just won yourself an all-expense paid vacation somewhere because you could then trade ahead of the manager.''

Fund managers are only required to detail their holdings twice a year in reports to shareholders, though some elect to divulge the information more frequently. The industry has argued against forcing more disclosure, which could allow others to figure out a manager's trading pattern and buy or sell stocks first, driving the price up or down.

Then there's the Jeff Vinik factor. Vinik, then manager of the huge Fidelity Magellan fund, drew criticism several years ago after selling a stock he had recently praised. Managers' opinions on various stocks can change in a single day, and many would rather not risk looking like Vinik.

PROPOSALS AIMED AT RESEARCH ANALYSTS

New proposals recommended by the National Association of Securities Dealers (NASD) and the New York Stock Exchange unveiled on Thursday would force research analysts to disclose their firms' investment banking ties to companies they tout as good opportunities and say whether they own any of the stock.

Criticism has swirled around the analysts, many of whom issued wildly optimistic reports on stocks, especially tech shares, even as they tumbled toward penny-stock territory. Analysts are reluctant to make negative comments about stocks, critics argue, because they know it could threaten their firms' chances of gaining profitable investment banking deals.

But there are important distinctions between the issues facing Wall Street researchers, or sell-side analysts, and portfolio managers.

``The sell-side analysts have much bigger conflicts of interest,'' said Russ Kinnel, director of research at Chicago-based Morningstar Inc. ``I think you would do investors a big disservice if you were to apply the same standards to fund managers. You would have a chilling effect.''

Investors, Kinnel noted, have a lot to gain by learning why managers bought particular stocks and how the stocks fit into a portfolio's investment strategy.

Although fund managers do not deal with the same conflicts-of-interests issues facing sell-side research analysts, critics can make a case for trying to trying to keep fund managers in line.

Last year, for instance, fund firm the Dreyfus Corp. settled allegations that a fund manager, Michael Schonberg, personally bought stocks that he subsequently purchased for two funds with the hope of triggering a rise in the share prices.

Fund managers usually reveal their personal holdings to their firms, but not to their shareholders. And that should be enough, Vanguard's Mattes said.

``You have extremely full disclosure of all trades right now,'' he said.
biz.yahoo.com



To: Professor Dotcomm who wrote (81778)2/9/2002 12:47:40 PM
From: E. Charters  Respond to of 116798
 
Well the rules were American SEC rules and not Canadian in the case of the "Texas Gulf" case which was the CIA and the SEC against the Canadian geologist, Darke. It is not an apologia so much as a relation of what Darke told me. What he told me was no doubt true. Darke admitted he did buy on the one hole, before the public knew its value in raw terms. What he said was, no one, including him knew its investment value in long terms. So by the rules at that time, which have not changed by the way, it was alright. This much may be true. The judge thought Darke could know. Sure, it was a fabulous hole. It should drive any stock, particularly a junior, -- but was it a mine, the criteria for investment? This Darke could of course not know. So the US courts use their own criteria which was not written down, and their own interpretation, or parole evidence, not in the geological pantheon, to make the public think there was an issue that was clear geologically, at the time of finding.

Canada, on the other hand does not have nor did have such insider rules. What we do have is "no profit taking on material change in the company affairs." This is hazy with regard to what material change is versus the more commonly isolated item which may bear on stock price, which is material fact. Material fact is not routinely predictable as to what it will do to stock price. Sometimes you know as 20-20 hindsight will reveal, and sometimes as in Nixon's prediction of the fall in gold price after he let it float, -- you don't. The hole was material fact. It was not at the time it was drilled, material change, (TG was a profitable producer at the time), until connected together with 20 similar holes. This much may be geologically true. Today, if you tried to get an underwriting on one fantastic geological hole, you would be run out of all brokerages and fairly quickly. They could however speculate on more holes hitting, and that was Darke's point. But where big money fails to be told about it's chances to control, it has no sense of humour. Today we find in all cases that where inside info drives a stock price, that 3 weeks before the news comes out, the stock price inexorably rises. In an investigation of this fact in SEC some years ago, while the found complicity in all cases with revealing inside trading information they decided to do nothing about it. 30 years have passed since this finding by the SEC (The Golden Fleece - Stewart). the upshot is the SEC knows there is ALWAYS insider trading on material change, let alone material fact. They go after the cases that are supposedly flagrant and that they know they can win. Which is one in every 1000 or more. And the rules seems to be where they have a rat, or where the people cannot afford as good lawyers as they can get.

The SEC rule of no investment is also hazy. What constitutes investment? Darke could have bet on the TG exploration program being eventually successful as that is clearly speculation. But knowing that some 50,000,000 ton non-orebody they did possess, will suddenly become profitable after reading a paper done by a non-company geologist in a magazine concerning new metallurgical concepts -- is this investment or speculation? Ah-hah! It is investment, but it would never be caught. In that case Darke could clearly know what he could not be proved to know. This was the principle that led to the staking of the Griffith Mine and other low grade taconites in Canada. A metallurgical process revealed their profitability, -- reverse flotation. What could have proved Darke's case is that not one single orebody that had become a mine had been proven to be one after the first hole drilled. This bit of parole evidence was ignored by the court.

He was speculation but people thought that his type of speculating was too informed. While it is extremely complimetary, it does not put bread on the table. If you try to do it, people don't like it. Morale: let others use your knowledge for free, this is moral. If you try to profit by it, you are a scoundrel.

The TG case changed the stock buying habits of corporate executives in America, sort of. Many board members felt that any buying at all, declared or not at any time came under the rules of investment and therefore could not be done with impunity.

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