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tsa Firearms

Compliance Failures and the TSA

I was not at all surprised when it was revealed that the Transportation Security Administration had a 95% failure rate during a recent series of tests. I’m sure the TSA screeners found a much higher percentage of water bottles and laptops left in their cases. An internal investigation of TSA security checkpoints at the nation’s […]

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Compliance and Co-Investment Allocation

Co-investment is an area that many institutional investors look for when investing with a fund manager. It’s generally a good deal for them because the investment is overseen by the fund manager without having to pay the fund management fee. Depending on the program, it may be a lesser fee or no fee. And of […]

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Vertical Integration of Fund Manager and Related Party Expenses

Marc Wyatt had been on the job for 16 days as the Acting Director Office of Compliance Inspections and Examinations when he took his first shots at private fund managers. He took a shot directly at real estate fund managers and indirectly at other types of fund managers with vertical integration. The Speech While we […]

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Brady, Footballs, and Tone at the Top

Handsome rich man from New England forced to take four-week vacation with supermodel wife. As a football fan, New England Patriots fan and a compliance professional, I can’t let the Wells Report and the punishment levied by the NFL pass without comment. There was a violation of the league rules and there should be punishment. […]

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PERE top 50 2015

Private Equity Real Estate Top 50 – 2015 Edition of Who is Registered

Private Equity Real Estate has released its ranking of the top 50 real estate private equity fund managers. As I have done in the past, I parsed the list to see which managers are registered with the Securities and Exchange Commission as investment advisers. (Disclosure: my company is on the list.) — Name of institution […]

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Can A Fund Pay for the Manager’s Office Expenses?

This is not a question that you can answer without any background. Theoretically, a fund can directly pay a fund’s office expenses. It’s just that most investors do not expect to pay for a manager’s office expenses. Investors expect the management fee they pay to cover those expenses, with the rest as profit for the […]

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SEC Issues Cybersecurity Guidance

Last year, the SEC raised a cloud of concern when it started its cybersecurity initiative aimed at broker/dealers, investment advisers and fund managers. Based on an interview last month it seems that initiative would continue into a phase 2. The SEC recently released its Cybersecurity Guidance that enunciates some steps investment advisers and fund managers […]

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Finding That Rogue Employee

JPMorgan Chase & Co. has racked up more than $36 billion in legal bills since the financial crisis. The firm clearly has incentive to identify rogue employees before they go astray. According a story in Bloomberg, the firm is rolling out a new surveillance tool to identify potential rogue employees. I’m skeptical. I attended a […]

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Model Business Continuity Rule for Investment Advisers

There is no explicit requirement that an adviser or fund manager have a disaster recovery plan. But any manager trying to fund-raise knows that investors will ask about its business continuity plan. The SEC sort of requires SEC registered investment advisers to have a business continuity plan. It’s an easy one to miss in Rule […]

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The Producers Success and Oil Wells

In The Producers, Max Bialystock and Leo Bloom realize they can make more money with a flop than a hit. No one audits a flop and the fraudsters are free to flee with their investors’ money. According to the Securities and Exchange Commission, GC Resources, LLC and Brian J. Polito was trying to run a […]

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