Barrack, Rodos & Bacine Announces the Filing of a Class Action Suit Against Janus Capital Group Inc. Defendants and Canary Defendants On Behalf of Purchasers of the Securities of the Janus Family of Funds

Company Release - 9/19/2003 4:08 PM ET

PHILADELPHIA, Sept. 19 /PRNewswire/ -- Counsel for Class Plaintiffs, Barrack, Rodos & Bacine, today issued the following:

A class action has been commenced in the United States District Court for the District of New Jersey on behalf of purchasers of the Janus Funds family of funds (the "Funds") owned and operated by Janus Capital Group, Inc. (NYSE: JNS) and its subsidiaries and affiliates between October 1, 1998 and July 3, 2003, inclusive (the "Class Period"). The action has been brought against Janus Capital Group Inc.; Janus Capital Corporation; Janus Capital Management, LLC; Janus Investment Fund; Edward J. Stern; Canary Capital Partners, LLC; Canary Investment Management, LLC; Canary Capital Partners, Ltd.; each of the Funds; and John Does 1-100.

The complaint charges defendants with violations of Sections 11 and 15 of the Securities Act of 1933; Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated there under; and Section 206 of the Investment Advisers Act of 1940. The Complaint charges that, throughout the Class Period, defendants failed to disclose that they improperly allowed certain hedge funds, such as Canary, to engage in "timing" of their transactions in the Funds' securities. Timing is excessive, arbitrage trading undertaken to turn a quick profit. In return from earning extra fees from Canary, Janus Capital Group, Inc. and its subsidiaries and affiliates facilitated Canary's timing activities to the detriment of class members who paid, dollar for dollar, for Canary's improper profits. These practices were undisclosed in the prospectuses of the Funds, which falsely represented that the Funds actively discouraged short-term timing transactions.

The plaintiffs seek to recover damages on behalf of all persons who acquired the securities of the Funds during the Class Period. They are represented by the law firm of Barrack, Rodos & Bacine, which has extensive experience in prosecuting investor class actions involving financial fraud. Barrack, Rodos & Bacine has prosecuted securities, antitrust and consumer class actions for over 25 years. The firm has offices in Philadelphia, San Diego, New York and New Jersey and has been designated lead counsel by federal and state courts across the country in large, complex cases. For more information about Barrack, Rodos & Bacine, please visit their website at www.barrack.com.

If you are a member of the Class described above, you may, no later than November 4, 2003, move the Court to serve as lead plaintiff of the Class, if you so choose. In order to serve as lead plaintiff, however, you must meet certain legal requirements. If you wish to discuss this action or have any questions concerning this case or your rights or interests, please contact the Maxine Goldman, Shareholder Relations Manager, at Barrack, Rodos & Bacine, 3300 Two Commerce Square, 2001 Market Street, Philadelphia, PA 19103, at 800- 417-7305 or 215-963-0600, fax number 888-417-7306 or 215-963-0838 or by e-mail at [email protected].

CONTACT: Counsel for Class Plaintiffs, Barrack, Rodos & Bacine, Maxine Goldman, Shareholder Relations Manager, 800-417-7305 or 215-963-0600; or fax 888-417-7306 or 215-963-0838; or e-mail, [email protected].

SOURCE  Barrack, Rodos & Bacine
    -0-                             09/19/2003
    /CONTACT:  Counsel for Class Plaintiffs, Barrack, Rodos & Bacine, Maxine
Goldman, Shareholder Relations Manager, +1-800-417-7305 or +1-215-963-0600; or
fax +1-888-417-7306 or +1-215-963-0838; or e-mail, [email protected]/
    /Web site:  http://www.barrack.com/
    (JNS)

CO:  Barrack, Rodos & Bacine; Janus Capital Group, Inc.; Janus Capital
     Corporation; Janus Capital Management, LLC; Janus Investment Fund; Canary
     Capital Partners, LLC; Canary Investment Management, LLC; Canary Capital
     Partners, Ltd.
ST:  Pennsylvania, New Jersey
IN:  FIN MFD
SU:  LAW



CD-JA 
-- DCF023 --
3431 09/19/200316:08 EDThttp://www.prnewswire.com