NEW YORK – October 8, 2003
Wolf Popper LLP has filed a class action securities lawsuit in the United
States District Court for the Southern District of New York, Case No.
03-Civ-7955, charging improper trading practices at mutual fund companies
including Alliance Capital Management Holding LP (NYSE:AC) ("Alliance
Holding"), Bank One Corp. (NYSE:ONE), Janus Capital Group., Inc. (NYSE:JNS),
Bank of America Corp. (NYSE:BAC), and Strong Financial Corp. The Complaint filed
today is brought against Alliance Holding and its investment management and
advisory affiliate, Alliance Capital Management L.P. ("Alliance
Capital") (collectively, "Alliance"), on behalf of persons who
acquired, redeemed or owned mutual fund shares of the AllianceBernstein
Technology Fund, from January 1, 2002 through September 2, 2003 (the "Class
Period"), pursuant to the prospectus therefor. The Complaint charges
violations of Section 11 of the Securities Act of 1933 for false and misleading
statements and omissions in the prospectuses, and common law breach of fiduciary
duty.
The Complaint alleges that during the Class Period, the above-named mutual
fund companies engaged in illegal and/or improper trading practices, in concert
with certain institutional traders, which caused financial injury to the
shareholders of the subject mutual funds, in return for substantial fees and
other income for themselves and their affiliates. The Complaint alleges that the
schemes at the above-named mutual fund companies took two primary forms. First
is the "late trading" of mutual fund shares by select customers of the
fund (including hedge funds). Specifically, the Complaint alleges that certain
institutional investors in funds run by the above-named fund companies,
including Canary Capital Partners, LLC and Canary Investment Management, LLC
(collectively, "Canary"), improperly arranged with defendants that
orders placed after 4 p.m. on a given day would illegally receive that day's
price (as opposed to the next day’s price, which the order would have received
had it been processed lawfully). This allowed Canary and other mutual fund
investors who engaged in the same wrongful course of conduct to capitalize on
post 4:00 p.m. information, while those who bought their mutual fund shares
lawfully could not.
The Complaint further alleges that defendants engaged in wrongful conduct
known as "timing." Timing is an investment technique involving
short-term, "in and out" trading of mutual fund shares, designed to
exploit inefficiencies in the way mutual fund companies price their shares. It
is widely acknowledged that "timing" inures to the detriment of
long-term shareholders. Nonetheless, in return for investments from certain
hedge funds and other traders that would increase fund managers’ fees, fund
managers entered into undisclosed agreements to allow them to "time"
their funds. The Complaint alleges that individuals at Alliance allowed the
AllianceBernstein Technology Fund to be timed by institutional traders, to the
detriment of the Fund’s other shareholders.