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<title><![CDATA[Heartland Value Plus]]></title>
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<title><![CDATA[Re: civil fraud charges]]></title>
<link>http://messages.finance.yahoo.com/Mutual_Funds_%28A_to_Z%29/Mutual_Funds_H/threadview?m=tm&amp;bn=44269&amp;tid=1&amp;mid=3&amp;tof=1&amp;off=1</link>
<description><![CDATA[Case has been settled early 08]]></description>
<guid isPermaLink="false"><![CDATA[thread-44269-1]]></guid>
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<pubDate>Wed, 06 Aug 2008 02:23:58 GMT</pubDate>
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<title><![CDATA[Re: civil fraud charges]]></title>
<link>http://messages.finance.yahoo.com/Mutual_Funds_%28A_to_Z%29/Mutual_Funds_H/threadview?m=tm&amp;bn=44269&amp;tid=1&amp;mid=2&amp;tof=2&amp;off=1</link>
<description><![CDATA[Here is the first paragraph of the SEC filing from 2003:
The SEC announced that it filed a civil injunctive action in the Eastern District of Wisconsin against Heartland Advisors Inc. ("Heartland Advisors"), William Nasgovitz, Paul Beste, Jilaine Bauer, Thomas Conlin, Greg Winston, Kevin Clerk, Kenneth Della, Hugh Denison and Raymond Krueger. In its complaint, the SEC alleges that Heartland Advisors, through Nasgovitz, Beste, Bauer, Clark, Conlin and Winston misrepresented the NAVs of two high yield municipal bond funds, the Heartland Short Duration High-Yield Municipal Bond Fund and the Heartland High-Yield Municipal Bond Fund (the "Funds) and, in Commission filings and promotional materials, their efforts to manage certain risks associated with investing in the Funds. For example, Heartland Advisors represented that it was actively managing the Funds to minimize share price fluctuation when it was not doing so. Heartland Advisors also represented that it performed intensive credit research and limited the percentage of unrated high yield bonds held by funds. In reality, Heartland Advisors conducted inadequate research and the vast majority of bonds held by the Funds were unrated and relatively illiquid. Finally, Heartland Advisors misrepresented that it and the Funds' Board of Directors would monitor and maintain sufficient liquidity in the Funds' portfolio holdings to assure that the Funds would be able to meet redemptions. They did not do so. Instead the Funds had to borrow millions to meet redemptions. As a result, by mid-2000, the Funds were suffering a cash flow crisis.]]></description>
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<pubDate>Wed, 06 Aug 2008 02:23:58 GMT</pubDate>
<author><![CDATA[maxsld]]></author>
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<title><![CDATA[civil fraud charges]]></title>
<link>http://messages.finance.yahoo.com/Mutual_Funds_%28A_to_Z%29/Mutual_Funds_H/threadview?m=tm&amp;bn=44269&amp;tid=1&amp;mid=1&amp;tof=3&amp;off=1</link>
<description><![CDATA[<a href=http://www.fundalarm.com/arc1103.htm>http://www.fundalarm.com/arc1103.htm</a>

(Originally posted January 1, 2004)
[Archive Table of Contents]

    More than three years after a couple of Heartland muni funds suffered massive devaluations, the SEC finally filed civil fraud charges against the firm .....And even after several months of scandal fatigue, at least two of the Heartland allegations are stunning: A trio of the firm's senior executives, including CEO William Nasgovitz, sold their own holdings in the failing funds before the news was made public.....Also, late in the crisis, Heartland's legal counsel sent an e-mail to her colleagues, advising them to purge their files of any materials related to "portfolio securities, underlying credits and valuation issues".....Several other allegations in the Heartland case are serious, but almost anticlimactic: 

The company failed to do the proper credit research, and failed to manage the funds' liquidity; 


The funds held high percentages of unrated bonds, in violation of prospectus provisions; 


Over a period of six months, several key executives, as well as fund managers, repeatedly manipulated the prices of fund holdings; 


Heartland misrepresented the cause of the devaluations in an official SEC filing. 
 

As usual, the SEC case carries only potential financial penalties, but some of the alleged conduct clearly verges on the criminal (it's interesting to note that Heartland specifically denies only one allegation: That Nasgovitz engaged in insider trading) .....If you own Heartland funds, you might want to keep a close eye on the criminal angle.....If the U.S. Attorney gets involved, we're talking slammer time, and the possible end of Heartland as a firm.]]></description>
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<pubDate>Wed, 06 Aug 2008 02:23:58 GMT</pubDate>
<author><![CDATA[oneofthe504th]]></author>
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