Gross Doesn't Let SEC Guidelines Stand in Way of Big Bond Bets

  • Janus manager uses derivatives to make emerging-market wager

  • Swaps value exceeded fund holdings by 16 percent as of June

Excerpt

Originally published September 15, 2010 at 12:01am EST

Bill Gross turned to derivatives to make a big bet on emerging-market debtafter taking the helm of a Janus Capital Group Inc. fund more than a year ago. One thing he didn’t let stop him: regulatory guidelines that lay out how much fund managers should use them.

Gross wagered in his Janus Global Unconstrained Bond Fund that sovereign debt from countries including Mexico and Brazil, as well as corporate bonds, would outperform. He structured his positions by entering into swaps contracts in which he agreed to insure against default almost $1.7 billion of bonds as of the end of June, the most recent data available show. While most funds limit their exposure to just a small percent of assets, Gross’s use exceeded the market value of his fund’s holdings, which were $1.46 billion at the time.

In order to write this much insurance, Gross took advantage of a gray area under U.S. securities rules in determining how much collateral to set aside to cover potential losses on the swaps contracts. It’s an approach that runs counter to what has been directed -- but not legally required -- by the U.S.Securities and Exchange Commission. The swaps positions also go beyond what was initially permitted in the fund’s disclosure documents after Gross joined Janus in September 2014. Those documents have since been updated to allow him to have unlimited swaps exposure.

“We believe that our procedures are consistent with existing SEC guidelines,”said Erin Passan, a spokeswoman for Denver-based Janus. […]

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