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Category Archives: Hedge Fund Fraud

SEC Chair Endorses Uniform Fiduciary Standard

March 18, 2015 Dear Friends, SEC Chair Mary Jo White announced that she would like the SEC to develop a new rule, requiring brokers to have a fiduciary duty akin to investment advisers – to hold clients’ interests ahead of their own, rather than just making “suitable” recommendations. Additionally, Chair White endorsed the concept of third party providers supplementing the […]

SEC will Target Conflicts of Interest

March 10, 2015 Dear Friends, In a recent speech by Julie M. Riewe, Co-Chief of the Asset Management Unit (AMU), Division of Enforcement, Ms. Riewe, categorized the AMU’s 2015 priorities. The priorities are categorized by investment vehicle, Ms. Riewe stated the AMU will focus on: Hedge Funds: Undisclosed Fees; Undisclosed Conflicts: Related-Party Transactions, Valuation Issues, and Use of Friendly Broker […]

Reminder: CFTC Exemption Filing Deadline is 3/2/15

March 2, 2015 Dear Friends, Any entity claiming an exemption or exclusion from CPO or CTA registration, pursuant to CFTC Regulations  4.13, 4.5 or 4.14, must reaffirm the exemption(s) by Monday, March 2, 2015. Please click here for instructions on how to file an exemption through the NFA’s Electronic Exemption System. Please contact us with any questions at (212) 867-0200 […]

SEC Charges Mutual Fund Adviser

February 13, 2015 Dear Friends, The SEC charged an investment adviser to several alternative mutual funds, with violating the custody rule, resulting in a $50,000 penalty. The firm kept millions of dollars in cash collateral at broker-dealer counterparties, instead of the funds’ custodial bank. “Mutual funds must ensure that all assets are properly protected….[the firm] failed to implement required policies […]

FINRA Cybersecurity Report

February 12, 2015 Dear Friends, FINRA released a report on cybersecurity practices, outlining the results from its 2014 cybersecurity sweep targeting high-frequency traders, independent dealers, large investment banks, clearing firms, and online brokerages. The report identifies principles and effective practices that all firms should consider, including the importance of: Sound Cybersecurity Governance, with Strong Leadership; Cybersecurity Risk Assessments; Development, Implementation, […]

SEC to Conduct IT Related Exams

February 9, 2015 Dear Friends, Vincente Martinez, Chief of the SEC’s Office of Market Intelligence, stated that the SEC will conduct another round of exams, specific to IT controls, targeting a smaller group of investment advisers and broker-dealers. As the SEC stated in its Exam Priorities for 2015, cybersecurity governance will be an area of focus for the exam staff […]

SEC Releases Risk Alert on Cybersecurity

February 3, 2015 Dear Friends, Today, the SEC released a Risk Alert outlining its findings resulting from examinations of over 100 investment advisers and broker-dealers, specific to cybersecurity governance. The majority of the firms examined: Have adopted written information security policies; Conduct periodic risk assessments on a firm-wide basis to identify cybersecurity threats; Have been the subject of a cyber-related […]

SEC Exam Focus – Alternative Investment Companies

Dear Friends, As the SEC stated in its Examination Priorities for 2015, the OCIE will focus on alternative investment companies and never before examined investment companies, covering, but not limited to, the following areas: Leverage, Liquidity and Valuation Policies and Practices; Internal Controls: Compliance Personnel, Staffing, Funding, and Empowerment of Boards; and Marketing Funds to Investors. In response, we are […]

SEC Charges Equity Research Firm Owner

December 16, 2014 Dear Friends, Today, the SEC  announced charges against an equity research firm owner for engaging in wash trades – creating the misleading appearance of consistent active trading in an otherwise thinly traded stock. Additionally, the SEC alleges that the owner and his employees acted as unregistered brokers by raising over $2.5 million from investors, on behalf of […]

SEC Chair Announces New Initiatives

December 12, 2014 Dear Friends, SEC Chair Mary Jo White announced that the SEC staff are developing recommendations for a set of “proactive initiatives” covering three core areas:       Data Reporting Standardized Reporting for Derivatives Enhanced Data Collection on Separately Managed Accounts Reporting of Securities Lending by Funds       Transition Planning and Stress Testing Requirement for Investment Advisers to Develop […]