“Secretive hedge fund manager” is one of those adjectival pairings to rank with “flamboyant impresario” and “introverted computer programmer” as a journalistic cliché. So when I read the headline “Hedge funds lobby SEC over secrecy rule” in Monday’s FT, I naturally assumed the hedgies wanted the US regulator to erect even higher walls around them. Not so.
Colleague Sam Jones points out that at least part of the myth of secretive hedge funds is constructed on the regulatory legacy of rule 502(c) of Regulation D. This “arcane piece of Depression-era legislation… defines how the modern hedge fund industry operates”, outlawing general advertising and solicitation by funds but also making them paranoid about talking to any “unqualified outsiders”. The Managed Funds Association, the funds’ US lobby group, has written to the Securities and Exchange Commission seeking its elimination. Read more
I have a soft spot for US judge Jed Rakoff, who has just thrown a large legal wrench into the decades-old mechanism of redress between Wall Street banks, investors and the Securities and Exchange Commission.
I first came across him nearly 10 years ago when he presided over the extraordinarily complex litigation between JP Morgan and a bunch of insurers about offshore financing the bank had arranged for Enron. Witty, sharp, quoteworthy and unmistakeable – with his white beard, he looks like one of those wise judges who administer 23rd century justice in sci-fi movies – he is a journalist’s dream. Read more
Goldman Sachs‘ attempt to settle with the Securities and Exchange Commission in the Abacus case on a lesser charge than fraud, which I and Francesco Guerrera wrote about today, is a reminder of the peculiar way in which US civil securities cases are often resolved.
The standard settlement involves a defendant being fined by the SEC, and disciplined in individual cases, but “neither admitting nor denying” the allegations. The SEC thus gets a scalp and avoids a court case, while the defendant avoids a conviction. Read more