Franklin Templeton finally vindicated in market-timing case

Franklin Templeton finally vindicated in market-timing case
Judge rules in favor of only fund firm that refused to settle class action; 'last man standing'
DEC 09, 2010
Franklin Templeton Investments, the one mutual fund company to refuse to settle class actions related to the 2003 market-timing scandal, proved victorious in court yesterday. After a six-year legal battle, Judge Frederick Motz of the U.S. District Court for the District of Maryland yesterday granted summary judgment in favor of Franklin. “This was a win built painstakingly, block by block, issue by issue, year by year, and the result reached by Judge Motz is extremely gratifying to Franklin,” said Daniel Pollack, an attorney with McCarter & English LLP, who represented Franklin in the case. Franklin was one of 17 mutual fund companies that were defendants in class actions stemming from the 2003 market-timing scandals that rocked the fund industry. In 2004, the 17 lawsuits were transferred to the U.S. District Court for the District of Maryland to coordinate proceedings. But unlike its peers, Franklin refused to settle. “Franklin was the last man standing,” Mr. Pollack said. “Franklin decided it had a good defense and was going to pursue this.” In 2004, Franklin did agree to pay $50 million to settle allegations with the Securities and Exchange Commission over the market-timing issue. In his opinion, Judge Motz noted that the plaintiffs failed to prove that Franklin hadn't put in place processes to prevent market timing. “Plaintiff's arguments, which can be summed up by accusing FT of doing ‘too little, too late' are unpersuasive,” the judge wrote in his statement. “The record provides ample evidence that FT acted in good faith in attempting to prevent non-arranged market timing in its funds.”

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.