SEC Uses Outlier Returns to Identify Risky Hedge Funds

The SEC filed three enforcement actions against hedge funds resulting from its “Aberrational Performance Inquiry,” which uses “proprietary risk analytics” to evaluate hedge fund returns. According to the SEC, the Enforcement Division’s Asset Management Unit seeks to identify performance “that appears inconsistent with a fund’s investment strategy or other benchmarks” and commence further scrutiny.  Robert Khuzami, the SEC’s Director of Enforcement, said that the initiative is designed to earlier detect and prevent securities law violations.  The underlying complaints involve overstating performance, exaggerating qualifications, manipulating the valuation process, and undisclosed conflicts of interest.

 
OUR TAKE: We are not surprised that the SEC would use outlier returns to identify possible issues.   We can only guess about its “proprietary risk analytics.”  As more hedge fund managers are now under SEC supervision, careful attention should be paid to performance calculation and presentation under the Advisers Act. 

 


 

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