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First Enforcement Action for Private Equity Fund Expense Allocation

The Securities and Exchange Commission has been making lots of noise about how its unhappy with how private equity firms are allocating expenses to portfolio companies. And it has finally hit its first target. The SEC charged a a private equity fund manager with breaching its fiduciary duty to a pair of private equity funds […]

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Compliance Bricks and Mortar for September 19

These are some of the compliance-related stories that recently caught my eye. The NFL’s True Problem: Misplaced Priorities Trumping Ethics & Compliance by Matt Kelly in Compliance Week Contrary to what you might believe lately, the National Football League does have an ethics & compliance program. What’s more, the program actually looks pretty good. Except, […]

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Controls on Fee Deductions and Disbursements

A recent action by the Securities and Exchange Commission caught my attention. The SEC charged a hedge fund manager with taking excess management fees. For a more exciting headline, the SEC press release says the excess fees were to “make lavish purchases.” Sean C. Cooper improperly withdrew more than $320,000 from a hedge fund he […]

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The SEC Is Serious About Section 16 Filings

Section 16(a) of the Exchange Act and the rules promulgated thereunder apply to every person who is the beneficial owner of more than 10% of any class of any equity security of a public company, and any officer or director of a public company. The Securities and Exchange Commission announced a sweeping group of charges […]

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Do You Need to Know Enforcement Cases for Compliance?

Are you familiar with SEC investigations pertaining to the following companies? Aladdin Capital Diamondback Capital Liquidnet Paradigm Capital SAC Capital Galleon Capital I admit that I only recognized SAC Capital and Galleon Capital. In a recent survey about half of alternative investment managers said that they were also familiar with those two cases. Half said […]

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Dog Days of Summer

It’s time for some vacation. I may lay around on the porch and not think much about compliance. Don’t expect any posts for the next few days.

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The Stability of Prime Money Market Funds

I was critical of the Securities and Exchange Commission’s new rule on money market funds. To me it seemed like it was trying to fix a problem that didn’t exist, and in the process made things more complicated. For criticism to be correct, I need data. After review a paper on the Stability of Prime […]

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Another Real Estate Ponzi Scheme From 2008

The 2008 financial crisis caused many real estate investment funds to run into trouble. Some fund managers stepped over the line hoping to wait out the turmoil and recover. The Securities and Exchange Commission finalized charges against a fund manager who hoped to divert funds to stay liquid during the turmoil. According to the SEC’s […]

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LRN’s 2014 Ethics and Compliance Program Effectiveness Report

For the past seven years, LRN has conducted its annual survey of Ethics and Compliance programs in search of benchmarking data, suggestions of leading practices, and trends. In 2012 LRN adopted the Program Effectiveness Index as a tool to determine the impact of compliance programs. The challenge with index is figuring out the difference between […]

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Compliance Failures and Performance Measure

Progress Rail is under criminal investigation for failures in its railcar and locomotive repairs operation. Investigators claim that it was charging owners of rail equipment for making unnecessary repairs and replacements. There is also an environmental claim because the investigation indicates that workers were dumping parts in the ocean to hide them from auditors. That […]

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