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Brown Announces Settlement with Vanguard Over Target Retirement Fund

James Brown
Montana Commissioner of Securities and Insurance James Brown announced a significant settlement with Vanguard Marketing Corporation and The Vanguard Group, Inc., resolving an investigation into unexpected capital gains tax distributions from Vanguard’s Target Retirement Funds in 2021. The settlement addresses concerns that affected Montana investors and others nationwide.
The investigation, conducted alongside the U.S. Securities and Exchange Commission (SEC) and other states, centered on Vanguard’s 2020 decision to lower the investment minimum for its Institutional Target Retirement Funds. This change triggered substantial redemptions from the Investor Target Retirement Funds, leading to large, unforeseen capital gains distributions for shareholders in taxable accounts.
“Montana investors deserve transparency and fair treatment,” said Commissioner Brown. “This settlement ensures that affected investors receive meaningful remediation and that Vanguard improves its practices to protect Montana’s investing public.”
The investigation revealed several key issues:
  • Vanguard relied on outdated data when analyzing the tax implications of lowering the investment minimum, failing to account for market rebounds.
  • The company did not adequately inform investors about the potential for significant capital gains distributions.
  • Vanguard’s supervisory systems were insufficient to ensure proper communication of these risks to decision-makers and investors.
Under the terms of the Consent Order, Vanguard will:
  • Pay $135 million in remediation to an SEC Fair Fund to compensate affected investors, including those in Montana, with specific offsets applied.
  • Pay a $13.5 million administrative penalty.
  • Comply with the Consent Order to resolve the investigation by Commissioner Brown and the Montana Office of the Commissioner of Securities and Insurance (CSI).
Commissioner Brown urged Montana investors who may have been impacted to contact the CSI at 406-444-2040 for further information. The settlement marks a step toward ensuring greater accountability and transparency for Montana’s investing community.

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