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 [...]
SEC Censure for Failing to Conduct Due Diligence
on May 13, 2010 in Private Investment Funds, SEC News
The fi360 Fiduciary Score Methodology
on May 4, 2009 in Investment Choice
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 [...]
Failure to Conduct Diligence Can Lead to SEC Sanctions
on April 24, 2009 in Enterprise Risk Management
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 [...]
Hedge Funds and Fraud: The Future of Due Diligence
on March 19, 2009 in Private Investment Funds
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 [...]
Model Due Diligence Questionnaire for Hedge Fund Investors
on January 22, 2009 in Private Investment Funds
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 [...]
KMPG Survey Shows Lack of FCPA Due Diligence
on November 3, 2008 in Foreign Corrupt Practices Act
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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