-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, JclHvQEhRKmQ3Na69iHQDjQVCxMI/gieHDysxLP4WBXc085dBJjRysY8IN5YUBa5 9BRDY0CZFOQf0fl2R7geQQ== 0000088053-11-000337.txt : 20110301 0000088053-11-000337.hdr.sgml : 20110301 20110301132602 ACCESSION NUMBER: 0000088053-11-000337 CONFORMED SUBMISSION TYPE: NSAR-B PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20101231 FILED AS OF DATE: 20110301 DATE AS OF CHANGE: 20110301 EFFECTIVENESS DATE: 20110301 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DWS INVESTMENT TRUST CENTRAL INDEX KEY: 0000088064 IRS NUMBER: 042212654 STATE OF INCORPORATION: MA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: NSAR-B SEC ACT: 1940 Act SEC FILE NUMBER: 811-00043 FILM NUMBER: 11650356 BUSINESS ADDRESS: STREET 1: 345 PARK AVENUE CITY: NEW YORK STATE: NY ZIP: 10154-0004 BUSINESS PHONE: 212-454-6778 MAIL ADDRESS: STREET 1: 345 PARK AVENUE CITY: NEW YORK STATE: NY ZIP: 10154-0004 FORMER COMPANY: FORMER CONFORMED NAME: INVESTMENT TRUST DATE OF NAME CHANGE: 19980529 FORMER COMPANY: FORMER CONFORMED NAME: SCUDDER INVESTMENT TRUST DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: SCUDDER GROWTH & INCOME FUND DATE OF NAME CHANGE: 19910402 0000088064 S000005708 DWS S&P 500 Index Fund C000015691 Class A SXPAX C000015693 Class B SXPBX C000015694 Class C SXPCX C000015695 Class S SCPIX NSAR-B 1 answer12312010.fil ANSWER FILE PAGE 1 000 B000000 12/31/2010 000 C000000 0000088064 000 D000000 N 000 E000000 NF 000 F000000 Y 000 G000000 N 000 H000000 N 000 I000000 6.1 000 J000000 A 001 A000000 DWS INVESTMENT TRUST 001 B000000 811-00043 001 C000000 2015936408 002 A000000 345 PARK AVENUE 002 B000000 NEW YORK 002 C000000 NY 002 D010000 10154 002 D020000 5808 003 000000 N 004 000000 N 005 000000 N 006 000000 N 007 A000000 Y 007 B000000 1 007 C010200 2 007 C020200 DWS S&P 500 Index Fund 007 C030200 N 008 A00AA01 DEUTSCHE INVESTMENT MANAGEMENT AMERICAS INC. 008 B00AA01 A 008 C00AA01 801-252 008 D01AA01 NEW YORK 008 D02AA01 NY 008 D03AA01 10154 010 A00AA01 Deutsche Investment Management Americas Inc. 010 B00AA01 801-252 010 C01AA01 New York 010 C02AA01 NY 010 C03AA01 10154 010 A00AA02 State Street Bank & Trust Co. 010 B00AA02 85-11329 010 C01AA02 Boston 010 C02AA02 MA 010 C03AA02 02111 011 A00AA01 DWS INVESTMENTS DISTRIBUTORS, INC. 011 B00AA01 8-47765 011 C01AA01 CHICAGO 011 C02AA01 IL 011 C03AA01 60606 012 A00AA01 DWS INVESTMENTS SERVICE COMPANY 012 B00AA01 84-1713 012 C01AA01 KANSAS CITY 012 C02AA01 MO PAGE 2 012 C03AA01 64105 012 A00AA02 DST SYSTEMS, INC. 012 B00AA02 84-00448 012 C01AA02 KANSAS CITY 012 C02AA02 MO 012 C03AA02 64105 013 A00AA01 PRICEWATERHOUSECOOPERS LLP 013 B01AA01 BOSTON 013 B02AA01 MA 013 B03AA01 02110 015 A00AA01 STATE STREET BANK & TRUST CO. 015 B00AA01 C 015 C01AA01 BOSTON 015 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E000000 Y 077 F000000 N 077 G000000 N 077 H000000 N 077 I000000 N 077 J000000 N 077 K000000 N 077 L000000 N 077 M000000 N 077 N000000 N 077 O000000 N 077 P000000 N 077 Q010000 N 077 Q020000 N 077 Q030000 N 078 000000 N 080 A00AA00 ICI MUTUAL INSURANCE COMPANY 080 C00AA00 60000 081 A00AA00 Y 081 B00AA00 128 082 A00AA00 Y 082 B00AA00 100 083 A00AA00 N 083 B00AA00 0 084 A00AA00 N 084 B00AA00 0 085 A00AA00 Y 085 B00AA00 Y 086 A010000 0 PAGE 8 086 A020000 0 086 B010000 0 086 B020000 0 086 C010000 0 086 C020000 0 086 D010000 0 086 D020000 0 086 E010000 0 086 E020000 0 086 F010000 0 086 F020000 0 SIGNATURE PAUL SCHUBERT TITLE TREASURER EX-99.77B ACCT LTTR 2 ex77b.txt AUDITOR LETTER Report of Independent Registered Public Accounting Firm To the Trustees of DWS Investment Trust and the Shareholders of DWS S&P 500 Index Fund: In planning and performing our audit of the financial statements of DWS S&P 500 Index Fund (the "Fund"), as of and for the year ended December 31, 2010, in accordance with the standards of the Public Company Accounting Oversight Board (United States), we considered the Fund's internal control over financial reporting, including control activities for safeguarding securities, as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements and to comply with the requirements of Form N-SAR, but not for the purpose of expressing an opinion on the effectiveness of the Fund's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Fund's internal control over financial reporting. The management of the Fund is responsible for establishing and maintaining effective internal control over financial reporting. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of controls. A fund's internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles. A fund's internal control over financial reporting includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the fund; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and that receipts and expenditures of the fund are being made only in accordance with authorizations of management and directors of the fund; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use or disposition of a fund's assets that could have a material effect on the financial statements. Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. A deficiency in internal control over financial reporting exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control over financial reporting, such that there is a reasonable possibility that a material misstatement of the Fund's annual or interim financial statements will not be prevented or detected on a timely basis. Our consideration of the Fund's internal control over financial reporting was for the limited purpose described in the first paragraph and would not necessarily disclose all deficiencies in internal control over financial reporting that might be material weaknesses under standards established by the Public Company Accounting Oversight Board (United States). However, we noted no deficiencies in the Fund's internal control over financial reporting and its operation, including controls over safeguarding securities, that we consider to be material weaknesses as defined above as of December 31, 2010. This report is intended solely for the information and use of the Trustees, management, and the Securities and Exchange Commission and is not intended to be and should not be used by anyone other than these specified parties. PricewaterhouseCoopers LLP February 24, 2011 2 of 1 1 of 1 PricewaterhouseCoopers LLP, 125 High Street, Boston, MA 02110 T: (617)530 5000, F: (617) 530 5001, www.pwc.com/us EX-99.77E LEGAL 3 ex77e.txt LEGAL NOTICE Litigation Update Federal Court Market Timing Litigation: A number of private lawsuits have been filed including purported class and derivative lawsuits, making various allegations and naming as defendants various persons, including certain Scudder and Deutsche (now DWS) funds (singularly, a "Fund" and collectively, the "Funds"), the Funds' investment advisors and their affiliates, certain individuals (including in some cases Fund Trustees/Directors, officers), and other parties. Each Fund's investment advisor has agreed to indemnify the applicable Funds in connection with these lawsuits, or other lawsuits or regulatory actions that may be filed making allegations similar to these lawsuits regarding market timing, revenue sharing, fund valuation or other subjects related to investigations of the foregoing matters. Based on currently available information, the Funds' investment advisors believe the likelihood that the pending lawsuits will have a material adverse financial impact on a Fund is remote and such actions are not likely to materially affect their ability to perform under their investment management agreements with the Funds. Fifteen class and derivative actions pertaining to market timing have been consolidated and transferred to a Multidistrict Litigation Panel in the District of Maryland ("MDL") (Multidistrict Litigation 1586-In re Mutual Funds Investment Litigation). The 11 Complaints originally filed in the Southern District of New York that were transferred to the MDL were virtually identical and each asserted claims against Deutsche Bank AG, Deutsche Investment Management Americas Inc. ("DIMA") and Deutsche Asset Management, Inc. as well as approximately 85 Funds in the Scudder and Deutsche family of funds and John Doe defendants. The three cases that were originally filed in the Eastern District of New York and the one case originally filed in the District of Delaware are derivative actions brought by purported shareholders in certain of the Funds. These actions are against Deutsche Investment Management Americas Inc., Deutsche Asset Management, Inc., and John Doe defendants. On September 29, 2004, two consolidated amended complaints, one a Consolidated Amended Class Action Complaint and the other a Consolidated Amended Fund Derivative Complaint, were filed in the MDL. On January 11, 2006, Plaintiffs filed a Second Consolidated Amended Class Action Complaint in the MDL. The officer defendants have been voluntarily dismissed from the class action pursuant to a tolling agreement with Plaintiffs. Deutsche Bank AG has been dismissed from the derivative action. On March 16, 2007, the Court issued an opinion in the MDL granting in part and denying in part the Deutsche Defendants' motion to dismiss the Second Consolidated Amended Class Action Complaint. Plaintiffs filed a Third Consolidated Amended Class Action Complaint ("Third Amended Complaint") on December 10, 2007 in the MDL. In the Third Amended Complaint, the Plaintiffs added the names of Funds that they allegedly purchased or held during the class period. In addition, as contemplated in the Court's scheduling order, the Third Amended Complaint added a new Plaintiff in an attempt to address standing challenges raised by the Defendants. On January 16, 2008, the Court granted in part and denied in part the Defendants' motion to dismiss certain claims on standing grounds. The parties conducted extensive discovery. The Defendants filed a motion for summary judgment and various related motions, and Class Plaintiffs contemporaneously filed a motion for class certification. The Court heard oral argument on these motions on December 10-11, 2008. On February 12, 2010, the parties agreed to a stipulation and agreement of settlement. Plaintiffs filed their motions for preliminary approval of the settlement with the Court on April 21, 2010. The Court conducted a hearing on May 7, 2010 on those motions and granted preliminary approval of the settlements on May 19, 2010. Afterward, class notices were distributed to shareholders, and on September 14, 2010, plaintiffs filed their motion for final approval of the settlement, which was supplemented by a reply brief filed on October 6, 2010. On October 21-22, 2010, the Court conducted a hearing on the motion for final approval of the settlement. The Court granted the motion on October 25, 2010 and entered a judgment approving a settlement class, approving the settlements, dismissing the claims against the Defendants in the MDL, and enjoining Plaintiffs and class members from instituting, commencing or prosecuting any claims subject to the settlement against the Defendants. State Court Market Timing Litigation: On September 16, 2003, an action was commenced in the Circuit Court for Madison County, Illinois, entitled Potter v. Janus Investment Fund, et al. Defendants include, among others, DIMA and the Scudder International Fund. On October 23, 2003, Defendants removed the action to the United States District Court for the Southern District of Illinois. On February 9, 2004 the District Court remanded the case back to the Circuit Court for Madison County. Defendants appealed this decision. On April 5, 2005 the Seventh Circuit Court of Appeals reversed the District Court's decision and instructed the District Court to undo the remand order and dismiss the complaint. On May 27, 2005, the District Court, in accord with the Seventh Circuit's mandate, dismissed the action with prejudice. On September 29, 2005, Plaintiffs filed a petition for a writ of certiorari to the Supreme Court of the United States. On January 6, 2006, the Supreme Court granted the petition to address jurisdictional questions. On June 15, 2006, the Supreme Court vacated the decision of the Seventh Circuit and held that the Court of Appeals did not have jurisdiction to address the District Court's remand order. The case was remanded to and reopened in the Circuit Court for Madison County. On November 13, 2006, Defendants removed the case to Federal District Court for a second time. On April 6, 2007, the District Court remanded the case back to the Circuit Court for Madison County. Defendants appealed this decision to the Seventh Circuit, which dismissed the appeal for lack of jurisdiction on July 13, 2007. The case is now back in the Circuit Court for Madison County. Argument on Defendants' motion to dismiss occurred in August 2007, and the parties are awaiting the Circuit Court's decision. The Circuit Court issued an Order dated July 16, 2008 stating that the issues raised by the motion to dismiss are nearly identical to those in a pending appeal in an action involving the Putnam funds, and that the Court would therefore wait for the decision of the Illinois Appellate Court in that case before ruling on the motion to dismiss. On January 6, 2010, the Illinois Appellate Court ruled in favor of the Putnam fund defendants and against Plaintiffs in that action, holding that Plaintiffs' claims are precluded by the federal Securities Litigation Uniform Standards Act. Plaintiffs filed a motion for rehearing in the Illinois Appellate Court, which was denied on February 16, 2010. The Illinois Appellate Court issued its mandate on March 30, 2010, and on April 5, 2010, the Circuit Court dismissed the Putnam action with prejudice. On April 15, 2010, Defendants in the Scudder action filed a supplemental memorandum in support of their pending motion to dismiss. On April 15, 2010, Plaintiffs filed a motion in the Putnam case to modify the order dismissing that action and for leave to file an amended complaint. On April 20, 2010, Plaintiffs filed a motion for leave to file a Second Amended Complaint in the Scudder action, which Defendants opposed. On July 22, 2010, the Court denied Plaintiffs' motion for leave to file a Second Amended Complaint but granted leave for Plaintiffs to file an amended complaint within twenty-one days that does not include any class- action-based allegations or prayers for relief. Subsequently, Plaintiffs filed a motion for reconsideration of the Court's July 22, 2010 Order or, in the alternative, for certification of an interlocutory appeal. Defendants filed their opposition to that motion on August 25, 2010. On November 5, 2010, Defendants filed their Notice of Federal Injunction. At a hearing on November 16, 2010, the Court entered an Order terminating the case and instructing the court clerk to close the case file. Federal Court Revenue Sharing Litigation: The following purported class actions pertaining to revenue sharing were filed in the Southern District of New York: Walker v. Deutsche Bank AG, et al., Mazza v. Deutsche Bank AG, et al. and Icardo v. Deutsche Bank AG, et al. These three class actions were consolidated. The consolidated Complaint filed on December 19, 2005 named as defendants Deutsche Bank AG, certain affiliated adviser entities, and Scudder Distributors Inc. On August 15, 2007, the Court granted the Defendants' motion to dismiss with prejudice and denied Plaintiffs' request for leave to amend the complaint. The Plaintiffs did not appeal, and the deadline for appealing this decision has now passed. updated 11/24/10 DB1/66090805.1 -----END PRIVACY-ENHANCED MESSAGE-----