Tag Archives: hedge fund

Supreme Court Denies Request to Hear Newman Case

October 5, 2015 Dear Friends, Today, the U.S. Supreme Court officially refused to hear the United States v. Newman insider trading decision. By way of background: In December 2012, Todd Newman and Anthony Chiasson were convicted of securities fraud and sentenced to prison after their trades in certain stocks, allegedly based on a chain of material non-public information, resulted in […]

SEC Charges HF With Taking Unearned Management Fees

September 8, 2015 Dear Friends, A Seattle based hedge fund agreed to pay disgorgement of over $800,000, after being charged by the SEC with fraudulently inflating the value of its investments, in order to attain unearned management fees. The SEC also charged the fund’s outside auditors with performing a deficient audit, enabling the firm to send misleading financial statements to […]

Hedge Funds Agree to $180 Million SEC Settlement

August 18, 2015 Dear Friends, The SEC announced that two asset managers agreed to pay $180 million to settle charges that they defrauded investors and failed to implement policies and procedures to prevent employees from making contradictory and false representations. According to the SEC, the hedge funds in question were highly leveraged, yet employees made misleading representations- assuring investors that […]

Matt Okolita to Participate at HFA Event on June 3, 2015

May 20, 2015 Dear Friends, CounselWorks is pleased to announce that Matt Okolita, Managing Director, will participate in the HFA’s New York Symposium’s panel discussion on Wednesday, June 3, 2015. Topics include: Avoiding common mistakes that lead to hedge fund failures; Understanding what and when in a fund’s lifecycle to in-source and out-source; Aligning management, internal teams and external third-party […]

SEC Charges Former Hedge Fund Manager

Dear Friends, Yesterday, the SEC announced charges against a former hedge fund manager for taking excess management fees from clients and using the money to remodel his home and buy a Porsche. Additionally, the SEC fined the hedge fund manager’s firm $150,000, for failing to supervise the him, even though the firm expelled him and reimbursed the hedge fund, once […]

SEC Charges Firm with Pay-To-Play Violation

June 26, 2014 Dear Friends, For the first time, the SEC charged an investment adviser with violating the pay-to-play rules adopted in 2010. The firm paid an almost $300,000 fine due to $4,500 in campaign contributions made to a Philadelphia mayoral candidate and the Governor of Pennsylvania. The firm continued to accept fees from two public pension funds, within two years […]

SEC Charges Hedge Fund With Whistleblower Retaliation

Dear Friends, For the first time the SEC filed a case under its new authority to bring anti-retaliation enforcement actions. The SEC charged a hedge fund with engaging in prohibited principal transactions and retaliating against the whistleblower. The firm agreed to pay $2.2 million and to hire an independent compliance consultant. The CIO conducted transactions between the hedge fund and […]

CFTC Guidance on CPO Delegation Process

Dear Friends, On May 12, 2014, the CFTC announced a streamlined approach for considering requests for no-action relief with respect to CPOs who delegate certain activities to a registered CPO (e.g. GPs of limited partnerships who delegate CPO authority to a registered investment manager). Each delegating CPO must submit a letter certifying it meets certain criteria outlined in the release. […]

SEC Provides Guidance on Testimonials and Social Media

Dear Friends, On March 31, 2014, the SEC issued Guidance regarding Rule 206(4)-1(a)(1) of the Investment Advisers Act (“the testimonial rule”) and social media. The SEC generally prohibits client testimonials. However in its guidance, the SEC said client testimonials on independent social media sites are permissible, in certain circumstances, with the following important considerations: An investment adviser (“IA”) or investment […]

The Hedge Fund Industry Has Two Barriers to Entry – Can You Break Them?

The hedge fund industry is regarded as one of the most appealing sectors within the financial community. That appeal has created unprecedented demand for fresh talent and skilled investors who are looking to make their mark. But how difficult is it for job seekers to break in? “It’s a hard industry to break into if you don’t know the right […]