Janus Shells Out $18 Million, on SEC Orders

Litigation Reports

Janus Capital Management, an investment advisor to Janus Mutual Funds, reimbursed $18 million to more than 325,000 defrauded shareholders late last week as a first step in paying back more than $100 million, as ordered by the Securities and Exchange Commission.

In August of 2004, the SEC found that Janus Capital entered into market timing agreements with 12 entities, and failed to notify its shareholders. Market timing is a strategy where investors buy and sell frequently to try and profit from short-term market cycles.

The agreements permitted the 12 entities to perform more than the commonly allowed four transactions per year, without paying redemption fees. Since waiving these fees imposes the administrative and transaction costs of frequent trading on all the shareholders, Janus Capital had a conflict of interests with Janus Mutual Funds which it failed to disclose to the Board of Trustees.

The SEC censured Janus Capital and ordered it to pay $50 million dollars in disgorgement and $50 million in civil penalties, in addition to interest earned on the money since 2004, totaling more than $100 million.

Shareholders are to be reimbursed for their share of losses due to market timing, and for their share of advisory fees paid by funds that suffered losses during the period of the market timing. To distribute the money to the shareholders in the five affected mutual funds, Janus Capital hired Christopher M. James, an independent distribution consultant.

After a lengthy process of planning and discussion, James started the distribution process that will continue over the coming months.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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