Suit Tests SEC Rule on Hedge Funds

NEW YORK — Phillip Goldstein is an unlikely torchbearer for the swashbuckling hedge-fund industry.

He was a New York civil engineer for 25 years before launching his fund from his basement in Brooklyn, and he drives a Toyota Camry.

“Before that, I had a Corolla,” Goldstein said.

But the 60-year-old Goldstein is leading a closely watched effort to prevent the Securities and Exchange Commission from greatly expanding regulation of the trillion-dollar hedge-fund business.

He is suing to overturn a new rule that would force hedge funds managing more than $25 million to be registered with the agency by Feb. 1 and undergo periodic audits. He appeared to gain traction last month when a federal appeals panel peppered SEC attorneys with tough questions about the legal justification for the rule.

The SEC says it must get a handle on the freewheeling investment pools that are mushrooming in popularity among pension funds, endowments and wealthy individuals.

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