I plan to speak about the Enforcement Division’s and in particular the Asset Management Unit’s priorities in the hedge fund space. I’ll discuss the importance of specialization and expertise to this effort; the risks for investors; how these risks are informed by the hedge fund operating model; and how a hedge fund manager’s business may be at odds with the manager’s fiduciary duty to the fund. I’ll also discuss the types of misconduct we’ve seen crossing our desks in the Asset Management Unit, and I’ll conclude with certain best practices to avoid the specter of an enforcement referral or inquiry.
Editor’s Note: The following post comes to us from Bruce Karpati, chief of the Division of Enforcement, Asset Management Unit, at the U.S. Securities and Exchange Commission. This post is based on Mr. Karpati’s recent remarks before the Regulatory Compliance Association, which are available here. The views expressed in this post are those of Mr. Karpati and do not necessarily reflect those of the Securities and Exchange Commission, the Commissioners, or the Staff.