Tag Archives: SEC


Wall Street’s Most Thankless Job – Compliance Officer

February 3, 2016 Dear Friends, This morning the Wall Street Journal published an article on ” The Most Thankless Job on Wall Street” – compliance officer. According to the article, recent enforcement actions that have found compliance officers personally liable are driving experienced people to be more cautious about the profession – compliance officers say they feel unfairly singled out. […]

SEC 2016 Exam Priorities

January 11, 2016 Dear Friends, The SEC announced its examination priorities for 2016, as outlined below. Private Fund Advisers: The SEC’s examination of private fund advisers will focus on fees and expenses evaluating, among other things, the controls and disclosures associated with side-by-side management of performance-based and purely asset-based fee accounts. Never-Before-Examined Investment Advisers and Investment Companies: The SEC will […]

SEC Cybersecurity Hit List: 6 Items a Hedge Fund Better Have Covered

Earlier this week we presented at a Wells Fargo Prime Services breakfast briefing on cybersecurity. During the discussion, one panelist reminded attendees that the SEC has clearly defined (and communicated) its cybersecurity expectations. He recapped the following six areas advisers must have covered to demonstrate preparedness to regulators. 1. Risk Assessments 2. Governance 3. Training 4. Access Control 5. Vendor […]

Former SEC Commissioner on Third Party Exams

December 10, 2015 Dear Friends, Former SEC commissioner Troy Paredes recently urged investment advisers to express their opinions regarding a forthcoming SEC rule that would require third parties to conduct examinations, on behalf of the SEC. As SEC Chair White stated in April 2015, the SEC is “advancing rule makings….to require a program of third party examinations of investment advisers to […]

SEC Charges Political Intelligence Firm

November 25, 2015 Dear Friends, The SEC announced charges against a political intelligence firm for failure to establish, maintain and enforce written policies and procedures, reasonably designed to prevent the misuse of material non-public information (MNPI), resulting in a $375,000 penalty. The political intelligence firm, which has an affiliated state-registered investment adviser and registered broker-dealer, provided regulatory and policy updates […]

SEC Sanctions Investment Adviser for Improper Allocation of Expenses

November 23, 2015 Dear Friends, Today, the SEC issued an order against an investment adviser for improper allocation of expenses to its fund client (the “Fund”) and failure to adopt compliance policies and procedures, specific to Fund expense allocation, resulting in a $250,000 settlement. The SEC found that the firm negligently charged compliance, legal and operating expenses to the Fund. […]

Firm Agrees to Pay $1 Million Settlement for Custody Rule Violations

November 19, 2015 Dear Friends, Today the SEC announced that an investment adviser and its former CCO have agreed to settle charges that it repeatedly violated the custody rule. The Firm agreed to pay a $1 million penalty, to be suspended for one year from raising any capital, and to have a compliance monitor for three years. The former CCO […]

SEC Proposes Rules to Enhance Oversight of Dark Pools

November 19, 2015 Dear Friends, The SEC has voted to propose new rules to enhance transparency and regulatory oversight of dark pools. Pursuant to the new rules, alternative trading systems (ATS) that trade stocks listed on a national securities exchange (NMS stocks), including dark pools, would be required to publicly disclose detailed information via the new form ATS-N, including: Information […]

SEC Charges Affiliated Advisers with Improper Allocation of Expenses

November 10, 2015 Dear Friends, The SEC charged two affiliated private equity advisers with the improper allocation of over $450,000 of consulting, legal and compliance-related expenses, to client funds (the “Funds”), resulting in penalties of $100,000. The SEC found that the advisers breached their fiduciary duties to the Funds, because even though the limited partnership agreements disclosed that the Funds would be […]

SEC Issues Risk Alert on Outsourced CCOs

November 10, 2015 Dear Friends, Yesterday, the SEC issued a Risk Alert outlining observations regarding examinations of SEC registered investment advisers and investment companies that outsource their Chief Compliance Officer (“CCO”) role to unaffiliated third parties. Specifically the SEC found: Communication: Frequent and in-person communication with employees (as opposed to impersonal emails only and/or pre-defined checklists) resulted in fewer inconsistencies between […]