Tag Archives: Due Diligence
SEC Censure for Failing to Conduct Due Diligence

SEC Censure for Failing to Conduct Due Diligence

The SEC censured and fined an investment adviser for due diligence lapses. Yosemite Capital Management, LLC and its managing director, Paul H. Heckler, got a wrist slap for failing to disclose to clients that they had encountered substantial problems when attempting to perform the due diligence. The big problem is that Yosemite had made a [...]

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The fi360 Fiduciary Score Methodology

The fi360 Fiduciary Score is a quantitative evaluation of how well a fund meets a minimum set of due diligence criteria. The score can quickly help identify a list of Mutual Funds and Exchange Traded Funds that are worth further research in your selection process. You can also use the score as part of your [...]

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Failure to Conduct Diligence Can Lead to SEC Sanctions

Failure to Conduct Diligence Can Lead to SEC Sanctions

If you advertise that you have due diligence process, you had better follow that process. The Securities and Exchange Commission brought an administrative proceeding against an investment adviser for failing to follow its advertised due diligence program. The Hennessee Group promoted its process for evaluating and selecting hedge funds as the “Five Level Due Diligence [...]

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Hedge Funds and Fraud: The Future of Due Diligence

Garrity, Graham, Murphy, Garofalo & Flinn and PRMIA (Professional Risk Managers International Association) sponsored a webinar that focused on the signs of fraud and what you can do detect fraud in the context of hedge funds. The agenda and my notes: The profile of a fraudster (James Tunkey, I-OnAsia) The psychology of the gullible investor [...]

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Model Due Diligence Questionnaire for Hedge Fund Investors

The Managed Funds Association put together a Model Due Diligence Questionnaire for Hedge Fund Investors (.pdf). This questionnaire was designed to identify the kinds of questions that a potential investor may wish to consider before investing in a Hedge Fund. The questions that may help amplify on or provide additional details to the disclosure in [...]

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KMPG Survey Shows Lack of FCPA Due Diligence

KPMG Forensic released aurvey of 103 U.S. executives with FCPA duties. The survey found: only one-third of respondents reported having an adequate due diligence process, and 27% said such compliance was only “minimal.” The survey also found that while 40% of companies include anti-corruption certifications in their normal business dealings, most of those companies apply [...]

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