Mutual Fund Scandal Prompts Scrutiny of 401(k) Practices
Business Insurance (01/12/04) Vol. 38, No. 2 p.3; Greenwald, Judy
Sponsors of 401(k) plans are watching to see the outcome of
the mutual fund scandal, as curiosity over their own fiduciary liability
gives way to concern. Many companies that do business with mutual fund
companies involved in the scandal have removed those funds from their
portfolio of investment options for their 401(k) plans. Other plan
sponsors are imposing limits on the number of trades plan sponsors can
make. At Janus Capital, for example, it was reported that 10
institutional investors had the opportunity to trade frequently, so the
company has taken steps to impose a moratorium on frequent trades in the
future. Likewise, Strong Financial announced that it is taking steps to
prevent investors from participating in frequent trading activity.
"Clearly the industry as a whole needs to clean up its act," says Craig
Horner, CFO of insurance brokerage and consulting firm Riggs,
Counselman, Michaels & Downes, since the defined contribution plan
participants are counting on the integrity of fund companies. Industry
watchers agree that as long as sponsors do just that, they will not be
held liable for a fund's actions.