Value Line, execs paying $45M to settle with SEC
WASHINGTON (AP) - Investment adviser Value Line Inc., its CEO
and its former compliance chief have agreed to pay about $45
million to settle regulators' allegations the firm charged more
than $24 million in bogus commissions on mutual fund trades.
The Securities and Exchange Commission announced the settlement
with Value Line, a firm that is well known in financial circles for
its analytical publications and that also manages mutual funds. New
York-based Value Line, chief executive Jean Buttner and former
chief compliance officer David Henigson didn't admit or deny the
SEC's charges in agreeing to the accord.
Value Line is paying a $10 million civil fine and about $24.2
million in restitution plus $9.5 million in interest. Buttner and
Henigson are paying civil fines of $1 million and $250,000,
respectively. The two also were barred from working for any
brokerage firm or investment adviser or as officers or directors of
any public company.
NASDAQ:VALU Updated: 15:57 ET 28.25 -1.06 |
The SEC alleged that from 1986 to November 2004, Value Line
channeled a portion of the mutual fund trades to its brokerage
business, Value Line Securities Inc., in a so-called ``commission
recapture program.''
Value Line arranged for unaffiliated brokers to execute the
trades at a discounted commission rate of a penny or two per share.
But rather than passing the discount on to the mutual funds, the
SEC said, Value Line had the outside brokers bill the funds 0.048
cents per share and then ``rebate'' 0.028 cents to 0.038 cents a
share to Value Line Securities.
Altogether, Value Line Securities received more than $24 million
in phony brokerage commissions in this scheme while not performing
any real brokerage services for the funds on those trades,
according to the SEC. Value Line falsely advised the funds'
independent directors and shareholders that Value Line Securities
provided genuine brokerage services for the commissions it
received, the agency said.
``Value Line misappropriated millions of dollars from the mutual
funds they managed by artificially allocating fund trades and then
charging the funds for phantom brokerage services,'' SEC
Enforcement Director Robert Khuzami said. ``Such blatant wrongdoing
will not be tolerated.''
Value Line said in a statement that the brokerage fees in
question comprised less than 1.5 percent of its total revenue
during the period. Management ended Value Line's associated
brokerage practice in 2004, the statement said.
11/04/09 19:47
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