December 19, 2006

Back to the BetterInvesting: Mutual Funds Blog

Scandal Redux XXX

Geez, these guys just won't quit giving me material for my blog. Every time I run out of topics to write about, another scandal rears its ugly head. It's kind of like the monster with lots of different heads. A Hydra, I think it was. As soon as regulators cut off one type of scandal, another one pops up to take its place.

What's the scoop this time? Kickbacks, something new and different ;). Companies that provide back-office support for fund companies are being investigated by the SEC for overcharging fund shareholders for their services, then kicking back a percentage of those fees to the fund complex itself.

This is wrong for a couple of reasons. First, it defrauds fund investors, who are paying higher prices for services that may be inferior. As we all know, the higher the fees, the less the ultimate total return that you, the shareholder get to keep. And even to the degree that such small increments affect individual shareholders, any reduction in the rightful return that you gain from your investments affects the amount of money you have to meet your investment goals.

So, you lost there -- less return on your investment. Strike one.

Secondly, you're losing because the fund directors could have -- and should have -- selected a service provider with a lower cost, which would have boosted your bottom line. So another incremental loss there. A small fee bite here, another small fee bite there, pretty soon we're talking about real money.

That's strike two.

Thirdly, these companies that were paying kickbacks to fund companies are in some cases in charge of helping funds comply with new regulators that specifically outlaw this type of behavior. Talk about letting the fox loose in the hen house. So the company your fund hired to help it comply with regulations is taking kickbacks that break those very regulations in pursuit of business. Makes sense (not!).

Strike three.

Ooops, we actually have more than three strikes. Oh, well. This is so much fun we can't stop now.

Next, independent fund directors -- who supposedly are the watchdogs of fund management acting on the behalf of shareholders -- were intentionally kept in the dark about these business arrangements. Now how in the blazes can these indy directors do their jobs if they aren't fully informed about the business practices of the funds they are supposed to advise? But perhaps they didn't WANT to know.

No one is sure whether the companies accused of giving the kickbacks informed inside directors of what was going on or not. Inside directors are those affiliated with fund management. In other words, when the fund company that they work for makes more money, they benefit. Talk about self-dealing.

So that's strike four.

What makes me really sick about all of this is that running a fund company is already -- in and of itself -- a hugely and incredibly profitable business. It burns me that the very people who are supposed to be looking out for the interests of you -- the shareholder -- are instead profiting enormously and in some cases criminally from you.

That is JUST WRONG. Strike five.

Stay tuned -- no doubt there will be more news and analysis as this latest scandal unfolds and I'll keep y'all up-to-date.

Posted by Amy Buttell Crane at 06:28 PM
Comments

Hi Amy,

These are just more examples of the abuse John Bogle harps about in his books on mutual funds.

Bogel emphasized his "Eternal Triangle of Investing", risk, reward, & COST.

Mutual fund investors can help protect themselves by simply using BI's Mutual Fund Comparison Guide and looking at the three all important items. In addition, they can use the same guide along with the Morningstar industry average page for the type of fund they're interested in to see how the fees of their fund compares to industry averages.

I'm always shocked at the nerve some investment firms have to charge huge fees for nothing.

One specific example I personally experienced was when the American Dental Association begain to offer a S&P 500 index fund option in its mutual fund line up for its 401K program. I think it was the Seven Seas Fund that was offered. Its expense ration as 0.20%, BUT the firm added 1.0% for the honor of offering it to us! Total expense ratio was then 1.2%. The company wanted five times as much to offer the plan to us as the original company wanted to run the fund!

When questioned about this the ADA and supporting company said that was the best they could do.

Very easy to see, but you had to use the comparison guide.

I've always been an index fund fan, but the new EFT's are even leaner. I believe I remember the Vanguard Total Stock Market Index having a expense ratio of 0.20% while the EFT version of thei fund was 0.07%. Of course this does not factor in share trading expenses, but clearly, for large purchases you wish to hold long term, EFT's make a lot of sense.

Gary Simms



Posted by: Gary Simms at January 3, 2007 10:21 AM

Hi Gary:

The greed of many companies in the fund industry makes me SICK. Funds are already hugely profitable, yet stuff like what you describe above with the ADA, keeps happening as fund companies, associations and others seek to profit off of investors' need of financial products.

I do think that ETFs make sense especially with lump sum investing where you want to index and hold for the long term, as you note.

Amy


Posted by: Amy Buttell Crane at January 3, 2007 10:47 AM

 

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