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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
HEARTLAND GROUP SECURITIES COMPLAINT DURATION EXCHANGE COMMISSION NORTHERN DISTRICT INVESTMENT ALLEGES ILLINOIS ASSETS HIGH-YIELD MUNICIPAL BOND REPORT SHAREHOLDERS ADMITTING DENYING ALLEGATIONS ANNUAL REPORT FEDERAL SECURITIES LAWS FAILURE UNDERLYING VALUATIONS AUDITORS AUDIT DISCLAIM OPINION FUNDAMENTAL FINANCIAL INFORMATION REDEEM SHARES PLUS FUND WISCONSIN TAX FREE MATTER |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16938 / March 22, 2001
, Civil Action No. 01 C 1984, Judge Joan H. Lefkow (Northern District
of Illinois)
The Securities and Exchange Commission filed a Complaint in the United
States District Court for the Northern District of Illinois and
obtained an Order of Permanent Injunction (Order) against Heartland
Group, Inc. (Heartland Group) enjoining Heartland Group from further
violations of Sections 30(b), (e) and (g) of the Investment Company
Act and Rules 30b2-1, 30d-1(a) and 30d-1(c) promulgated thereunder.
The Order also freezes the assets held in Heartland Group, Inc.'s
High-Yield Municipal Bond Fund, Short Duration High-Yield Municipal
Fund and Taxable Short Duration Municipal Fund (collectively the
Funds) and provides for the appointment of a receiver to take control
of the assets of the Funds, manage the funds, suspend redemptions in
the Funds and, if appropriate, liquidate the Funds. Heartland Group
consented to entry of the Order without admitting or denying any of
the allegations the Commission's Complaint.
Specifically, the Commission's Complaint alleges that Heartland Group
has failed to send an annual report for Heartland Group's High-Yield
Municipal Bond Fund, Short Duration High-Yield Municipal Fund and
Taxable Short Duration Municipal Fund to the Funds' shareholders, and
failed to file the report with the Commission in the time allotted
under the federal securities laws. The Commission's Complaint further
alleges that this failure is due to Heartland Group's inability to
obtain audited financial results for the three funds for fiscal year
2000, due to Heartland Group's independent public accountant's
concerns regarding the underlying valuations of the securities held in
the Funds. The complaint further alleges that while the auditors have
commenced an audit of the Funds, they have stated that they will
disclaim any opinion as to the value of the securities held by the
Funds during Heartland Group's fiscal year 2000. As a result,
shareholders of the Funds are being deprived of statutorily required
fundamental financial information upon which they can base a decision
to remain invested, or to redeem shares in the Funds. This action does
not involve Heartland's Select Value Fund, Value Plus Fund, Value Fund
or Wisconsin Tax Free Fund.
The Commission's investigation continues in this matter.
_________________________________________________________________
Modified 03/22/2001
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