Numerous Probes
This, meanwhile, is not Spitzer's first investigation involving the
mutual fund business.
Earlier this summer, Spitzer joined with Massachusetts Secretary of the
Commonwealth William Galvin in an investigation of allegations that
Morgan Stanley (MWD:NYSE
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pressured brokers to sell the firm's in-house mutual fund products at the
expense of other funds.
The Securities
and Exchange Commission and NASD also have set their sights on
Wall Street and the mutual fund industry. Both regulatory agencies have
been investigating hidden fees charged by mutual funds and allegations
that some Wall Street firms push their customers to buy shares in more
expensive mutual fund offerings.
The SEC, for instance, is trying to determine whether Morgan Stanley
brokers pushed customers to buy shares in its in-house mutual funds. The
SEC investigation focuses specifically on whether Morgan customers were
urged to buy so-called Class B shares in those in-house mutual funds. In
recent years, Class B shares increasingly have drawn scrutiny from
regulators at the SEC and the NASD because they tend to be the most costly
mutual fund products.
On the surface, Class B shares often look like a good investment
because investors generally don't pay any upfront sales charge, or "load."
But investors in Class B shares often pay higher annual fees than on
shares with upfront sales charges, fees that often exceed any initial
savings an investor might reap. Additionally, brokers often waive or
reduce the upfront fees on so-called Class A "load" shares for large
investors.
The NASD, meanwhile, has been waging its own investigation into the
sale of Class B shares and issued an investors advisory warning to mutual
fund customers to avoid most Class B offerings pushed by Wall Street
firms.
Spitzer declined to comment on how the investigation into Canary began.
But he said it is unrelated to another investigation his office launched
earlier this year into the $500 billion hedge fund business.
During the past year, hedge funds also have come under scrutiny in the
aftermath of several big failures and allegations of fund managers
manipulating the value of their assets in order to deceive investors.