To: SiouxPal who wrote (10390 ) 9/13/2002 12:53:34 AM From: StockDung Respond to of 19428 Morgan Stanley tech fund sued over stock picks By James Paton NEW YORK, Sept 12 (Reuters) - Disgruntled investors are going after Wall Street once again, this time accusing a high-tech mutual fund of investment bank Morgan Stanley <MWD.N> of making biased stock picks. Recent lawsuits allege the Morgan Stanley Technology Fund <TEKAX.O> was influenced to buy and hold stocks of companies that delivered huge investment banking fees -- or could potentially bring big business -- to the investment bank. Morgan Stanley strongly denied the allegations, made in lawsuits filed in the U.S. District Court for the Southern District of New York. Wall Street firms have come under more fire from Congress and regulators on whether their analysts issued overly rosy and misleading research on stocks in an effort to keep investment banking clients happy. Merrill Lynch & Co. <MER.N> in June agreed to pay $100 million and overhaul its research to settle charges by New York State Attorney General Eliot Spitzer that the firm misled investors by issuing exceedingly bullish stock recommendations while its analysts disparaged some of those stocks in private. According to the lawsuits, the Morgan Stanley fund followed the biased recommendations of the firm's analysts -- decisions that have cost shareholders millions of dollars since the portfolio's October 2000 inception. The fund lost 48 percent in 2001 and is down another 50 percent so far in 2002. "I think it's a fiction to think that the management of the fund is somehow distinct from the other divisions of Morgan Stanley," said Fred Isquith, a partner in Wolf Haldenstein Adler Freeman & Herz, one of the law firms representing plaintiffs in the litigation. "They all work ultimately for the same boss." The suits claim the tech fund failed to disclose that the firm had investment banking ties with a number of companies -- such as Cisco Systems <CSCO.O> and Broadcom Corp. <BRCM.O> -- whose stocks were part of the portfolio, and failed to reveal that those links could affect the fund's buy or sell calls. Most tech funds have tumbled in the past couple of years, some farther than the Morgan Stanley fund, whose assets have fallen to $323 million. The firms' tech fund, managed by Alex Umansky and Dennis Lynch, fared worse than 78 percent of its rivals over the past 12 months, according to research firm Morningstar Inc. Morgan Stanley strongly denied claims its fund managers are under any pressure to favor stocks of banking clients. "The claims have no merit," said Bret Gallaway, a Morgan Stanley spokesman. "The fund managers are thorough and objective and they pick stocks for their funds based only on the merits. "This is a transparent attempt to cash in on the general decline in tech stocks," he added. Wolf Haldenstein, well known for its class-action litigation, announced its suit last month, and other law firms have filed similar suits in recent weeks. A previous Wolf Haldenstein suit against Morgan Stanley, like others, was unsuccessful. That suit alleged that Morgan analyst Mary Meeker, the star stock analyst once known as the "Queen of the 'Net," gave inflated ratings to companies in order to generate future investment-banking business for her firm. A U.S. federal judge last year dismissed the claims, brought on behalf of shareholders of Amazon.com Inc. <AMZN.O> and eBay Inc. <EBAY.O>, calling them "gross and unrestrained." Suing mutual funds is difficult because risk, and losses, are an inherent part of investing. Still, given the climate of skepticism toward Wall Street research, the investment banks offering portfolios might have to brace for more litigation. "People in the industry should be appropriately worried because bringing a lawsuit is easy, and clearly the stories about appearance of late haven't been very good for Wall Street," said Geoff Bobroff, a fund industry consultant. "It's highly possible we'll see others brought." 09/12/02 18:31 ET