Archives for January, 2011

CFTC Proposes Joint Rule With SEC On Hedge, P.E. Disclosure

January 28th, 2011

A day after the Securities and Exchange Commission moved forward with plans to force hedge funds and private equity funds to increase their disclosures to regulators, the Commodity Futures Trading Commission followed suit.

The CFTC yesterday proposed a rule that would require private fund advisers to provide an array of information to it and the SEC for risk-monitoring purposes. The proposed new regulation, mandated by last year’s financial reform law, was written jointly by the two regulators. The SEC and CFTC would also share the information they collect with the Financial Stability Oversight Council.

Included in the information sought by the two agencies is data on leverage, counterparty risk and positions. While all funds would have to make some disclosures, the brunt of the new rule would fall on the largest managers, those with more than $1 billion, which will have to make more frequent and more detailed disclosures.

“What this does is bring more transparency to the regulators,” CFTC chief Gary Gensler said.

Both the CFTC and SEC are accepting comments on the proposal. Both will have to vote again to finalize the new rule.

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SEC Proposes Quarterly Reporting For Biggest Hedge, Private Equity Funds

January 25th, 2011

The biggest hedge funds in the U.S. will face the toughest regulatory burden under a new risk-reporting rule proposed today by the Securities and Exchange Commission.

The SEC unanimously voted to seek comment on the new rule, which would require hedge funds, private equity firms and other private investment fund advisers to maintain a wide range of information for sharing with regulators. The proposed joint rule with the Commodity Futures Trading Commission will be considered by that regulator tomorrow.

The new rule, required by the Dodd-Frank financial regulation reform law, will fall most heavily on firms managing more than $1 billion in assets. SEC Chairman Mary Schapiro notes that the 200 such firms in the U.S. control more than 80% of private fund assets under management.

“The information required would be ‘tiered’ so that we would receive more detailed information from larger private fund advisers, rather than imposing the same reporting requirements on all private funds,” Schapiro said. “While the group of large private fund advisers is relatively small in number, it represents a large majority of private funds’ assets.”

Those firms will be required to make quarterly reports on assets, leverage, positions, valuation and trading. That information will be shared by the SEC and CFTC with the Financial Stability Oversight Council.

Today’s vote opens a 60-day comment period.

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RAB Slashes Hong Kong Staff, Cancels Planned Fund

January 19th, 2011

RAB Capital’s recovery apparently does not extend to Asia. The troubled London-based hedge fund, which enjoyed a strong year from two of its funds, has reduced its Hong Kong office—its only international office—to a rump.

The firm bade farewell to four members of the five-person team it hired from D.B. Zwirn & Co. in 2009 in December, Bloomberg News reports. The cuts leave just four employees in Hong Kong, led by RAB Asia CEO David Seex.

But Seex now oversees a region where RAB has no dedicated funds and no plans to launch one. The firm shuttered its last Asia hedge fund, run by its Pi investment team, late last year, and cancelled plans to have the former Zwirn team launch a distressed fund.

“We have taken action to reduce our cost base in Asia,” the firm said. “We’re now focused on expanding our Asian investor base in our core products, several of which delivered very strong returns in 2010.”

RAB is retrenching in Asia as other funds are returning to the region after cutting back during the financial crisis.

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Harbinger Parts With Top Analysts, Trader

January 14th, 2011

Philip Falcone

Harbinger Capital Partners has laid off a pair of top analysts as it seeks to cope with a vastly reduced asset base.

The New York-based firm let both Clark Baker and Eli Benson go over the past few weeks, Reuters reports. In addition, Kenneth Turano, a young trader at the firm, resigned.

The exits coincide with that of partner and senior analyst Lawrence Clark last week. Clark plans to launch a hedge fund of his own, and his exit from Harbinger was described by firm founder Philip Falcone as amicable.

But Falcone did not disclose the other three departures in a letter to investors telling them of Clark’s exit.

Turano, who is reportedly close to Clark, will likely join Clark’s new event-driven hedge fund. The new firm, which is still nameless, is expected to launch its maiden fund within six months.

It is unclear why Harbinger chose to part with Baker and Benson. The firm has seen its assets under management fall by nearly three-quarters to $7 billion, and some 40% of its assets are tied up in Falcone’s wireless telecommunications initiative. The exits could be the result of Harbinger’s “rightsizing,” or it could be a sign that some staffers are unhappy with a lack of capital to make other investments, Reuters’ sources said.

Benson, who worked on distressed debt, and Turano both joined Harbinger in 2005. Baker was part of the Harbinger team betting against the subprime mortgage market, an investment that produced triple-digit returns and made Falcone’s name and fortune.

There were no similar hits for Harbinger this year. Both the firm’s flagship hedge fund and Special Situations funds were down about 12% last year, when the average hedge fund returned about 10%.

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Primary Global Analyst Pleads Guilty In Insider-Trading Case

January 13th, 2011

Federal prosecutors have secured their second guilty plea in the Justice Department’s massive insider-trading investigation. But Winifred Jiau, the woman arrested late last month in the case, won’t be their third.

Bob Nguyen, a former analyst at expert-network firm Primary Global Research, admitted that he and others at Primary Global sought out experts among public company employees who would offer nonpublic information about those companies. All eight of the people currently charged in the case were either Primary Global employees or expert consultants.

Nguyen is cooperating with the probe; he is the cooperating witness identified as “CW-4” in court documents from the earlier case against four Primary Global consultants. He pleaded guilty to wire fraud and conspiracy to commit wire and securities fraud. He faces up to 20 years in prison; but undoubtedly hopes his cooperation will lead to a lesser tariff.

Nguyen told a federal judge in Manhattan that he arranged meetings and phone calls between experts and Primary Global clients that allowed the latter to get confidential information. He is also the first person accused in the case to indicate that Primary Global sought out experts who would be free with their non-public information.

“One of the goals of the firm was to recruit current employees of public companies as experts who would provide material, non-public information about their company,” including information about “revenues, suppliers and customers,” Nguyen said at his plea hearing yesterday.

One of those experts was Dell global supply manager Daniel Devore, who pleaded guilty last month and is also cooperating with the investigation.

Nguyen was freed after the hearing and is free to travel in the continental U.S.

Nguyen is the eighth person charged in the case; the seventh, Winifred Jiau, will not be following his guilty plea with one of her own. Jiau, a former consultant for Primary Global, will plead not guilty to allegations that she passed confidential information on to three hedge funds, her lawyer said.

“I think she intends to plead not guilty,” Mark Goldrosen said. He made the comment after a hearing in San Francisco dealing with Jiau’s transfer to New York.

Jiau’s plans were previously unclear; earlier this month, she told Reuters that the Federal Bureau of Investigation had approached her about becoming a cooperating witness, and that she had not decided whether to turn state’s evidence.

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FBI Approached Accused Insider-Trader For Help

January 11th, 2011

The California woman who last month became the seventh person arrested in the Justice Department’s massive insider-trading investigation only felt the cuffs after refusing to cooperate.

Winifred Jiau, in her first jailhouse interview, told Reuters that the Federal Bureau of Investigation approached her about assisting in the investigation before she was arrested last month. Despite the fact that the former Primary Global Research consultant has now been charged, she would not rule out cooperating with the probe.

“Initially, the FBI just wanted me to be a cooperating witness,” she said shortly after her arrest. But she offered no details about what the FBI wanted or why she declined to help, saying only that she has “not decided” whether to cooperate.

The FBI declined to comment on whether Jiau was so approached.

Jiau compared her situation to that of John Kinnucan, the research analyst also approached last year by the FBI. Kinnucan famously refused to help and sent a widely-publicized e-mail to his clients—including several prominent hedge funds—telling them so. Kinnucan has not been arrested or accused of wrongoing.

Like the other defendants in the case, Jiau will likely be sent to New York to face the charges against her. She has been charged with conspiracy and securities fraud for allegedly passing confidential information to three hedge funds. She faces up to 25 years in prison.

But Jiau told Reuters she has had trouble finding a lawyer in New York. “I really need a counsel,” she said. Unlike her fellow defendants, Jiau was denied bail; a federal judge in San Francisco ruled that the dual U.S.-Taiwanese citizen is a flight risk.

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Lyford Group Joins HFR Managed Account Platform

January 10th, 2011

The New York-based Lyford Group International, with $82 million in assets under management, is rolling out its fourth investment vehicle in the form of a managed account on the HFR Asset Management platform.

Lyford manages a discretionary macro strategy with an emphasis on tactical short-term trading. This one strategy is currently employed across one fund and two managed accounts and, according to Lyford President and COO Daniel Solomon, may be part of the attraction for HFR:

“There are not that many discretionary managers on managed account platforms,” Solomon told FINalternatives, “Many managed account platforms have CTAs and quantitative strategies, but few discretionary macro managers; so one benefit that we can bring to investors is style diversification.”

A second benefit, he says, is “true diversification.” In its eight-and-a-half year history, Lyford has shown “no meaningful correlation to any hedge fund index or conventional beta—stocks or rates or commodities.”

And thirdly, says Solomon, Lyford offers “true alpha.”

“Since inception, we have generated substantial alpha against both conventional benchmarks, such as equities, and also against hedge fund macro indices.”

Solomon says one of Lyford’s two existing managed accounts is ERISA money. “Obviously, we don’t have the highest AUM, but we worked very hard to put in place a real, institutional-calibre business process, which we were pleased that this advisor to ERISA money found appealing.”

Through HFR, Lyford will have an opportunity to reach a broader spectrum of potential investors—including those who find the Lyford strategy appealing but for whom the $10 million minimum for a standalone managed account is a bit stiff.

“If HFR has a number of clients each interested in investing $1 million or $2 million with Lyford and it aggregates them,” says Solomon, “and comes to Lyford with $15 million, then it’s mutually beneficial for the investor and for the manager.”

The HFR managed account will also complement Lyford’s other managed account, which is for a London-based managed account platform.

HFR has multi-billion managers on the platform, but “in this environment, investors are thirsty not only for managers who are delivering an uncorrelated return stream but whose businesses are sound and not too big,” says Solomon.

Lyford is currently assembling investments from both Lyford and HFR investors for the new vehicle, says Solomon to achieve “minimum initial takeoff velocity.” The account is expected to fund shortly and Solomon wants potential investors to know their interest is appreciated:

“We would like them to feel great about being the first investors in… For initial investors we are considering offering them a fee break as a concrete thank you for getting the account up and running.”

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FBR to Exit Prime Brokerage Business

January 7th, 2011

FBR Capital Markets is shuttering its prime brokerage unit, which the firm opened just 16 months ago, according to people with knowledge of the matter who were not authorized to speak publicly.

FBR had high hopes for the modest-size business, which started in August 2009. The company heavily recruited senior talent from Shoreline Trading, a Los Angeles-based firm, including Michael J. Murray and Matthew W. Ventura, who were brought on as managing directors. The unit was a “mini” prime brokerage operation, mainly servicing the trades of small hedge funds.

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In the wake of the financial crisis, some of the largest prime brokerage firms dropped their smallest clients. According to analysts, FBR opened its prime brokerage unit to take advantage of the turnover. But they said it struggled to find traction and significant scale in the market.

“The prime brokerage industry is very competitive, especially for prime brokers, like FBR, who service smaller and midsized hedge funds,” said Josh Galper, a managing principal at the Finadium Group, who expects more consolidation in this space.

FBR declined to comment on the closing of its prime brokerage unit.

According to Mr. Galper, hedge funds have also used less leverage in the last two years, resulting in fewer trades and profits for prime brokerage firms.

The silver lining, says Devin Ryan, an analyst with Sandler O’Neill, is the unit never became a significant business, so its disappearance will barely dent the company’s bottom line. The majority of FBR’s revenue comes from its investment banking and sales and trading businesses.

“Ultimately for them, it’s so small it doesn’t move the needle in a major way, it wasn’t something that was generating significant revenues,” Mr. Ryan said. “FBR quickly figured out, it wasn’t going to be a meaningful driver.”

Madoff Victim’s Lawsuit Against Ex-Wife Reinstated

January 7th, 2011

To say there has been a lot of litigation surrounding the Bernard Madoff Ponzi scheme would be laughably mild. Today, there’s a little bit more, with one of the more interesting lawsuits having been reinstated.

Lawyer Steven Simkin and his wife, Laura Blank, divorced in 2006 after more than 30 years of marriage. She got the Manhattan apartment and $6.6 million—and waived alimony payments. He got the house in Scarsdale, N.Y. —and the couple’s account with Bernard L. Madoff Investment Securities.

At the time of their divorce agreement, that account was valued at $5.4 million. But, as became clear little more than two years later, it was worth nothing at all.

But a state appellate court proved a good deal more sympathetic, reinstating the lawsuit, allowing Simkin to plead “unjust enrichment” based on his theory of the “mutual mistake” the former couple made in placing any value on the Madoff investment, listed in 2006 as their biggest asset.

Simkin “never had an account” because “on Madoff’s own admission, there were no accounts within which trades were made,” a divided court ruled.

But two of the five judges dissented, calling the majority opinion “truly ‘divorced’ from reality” and noting that their divorce agreement “does not mention the Madoff account.” Simkin redeemed part of his Madoff investment to pay off his wife and continued to invest with Madoff after the divorce.

Blank’s lawyer has vowed to appeal the “completely erroneous” decision.

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Galleon Defendants Lose Dismissal Bid

January 6th, 2011

Five defendants in the Galleon Group insider-trading case, including two former Galleon traders, will have to face trial after a judge dismissed their bid to dismiss the cases against them.

The five, led by former Galleon trader and Incremental Capital founder Zvi Goffer, saw their bid rejected today by U.S. District Judge Richard Sullivan. The federal judge also handed down some potentially worse news: As in the trial of Galleon founder Raj Rajaratnam, tens of thousands of wiretaps at the heart of the government’s case will be admitted into the Goffer trial.

According to prosecutors, Goffer was the head of one of the two interlocking insider-trading rings in the case; Rajaratnam was part of the second. Goffer allegedly gave sources prepaid cellular phones to call in their tips, paying those sources for the confidential information. Goffer’s ring allegedly turned $20 million in illegal profits.

But Goffer and his co-defendants, his brother Emanuel and Michael Kimelman, both of Incremental, Craig Drimal, a former colleague of Goffer’s at Galleon, and Jason Goldfarb, a lawyer at the law firm which allegedly provided many of Goffer’s tips, said that the case against them was based on a “convoluted theory” of insider-trading. What’s more, what evidence prosecutors did offer failed to meet the standard for insider trading.

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