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Legal & Regulation

Law suit

Euroption appeals SEB ruling

Mon, 09/04/2012 - 10:01

Specialist banking litigation firm Stewarts Law LLP is filing an appeal in the matter of Euroption Strategic Fund Ltd v Skandinaviska Enskilda Banken AB (“SEB” and the “Euroption Proceedings”) for its client, Euroption. »

Law books and gavel

RBC rejects CFTC allegations as “unwarranted”

Tue, 03/04/2012 - 19:10

Royal Bank of Canada has “vigorously rejected” the Commodity Futures Trading Commission’s (CFTC) allegations that the bank was involved with a “multi-hundred million dollar wash sale scheme”. »

David Meister, CFTC

CFTC charges Royal Bank of Canada with multi-hundred million dollar wash sale scheme

Tue, 03/04/2012 - 13:30

The US Commodity Futures Trading Commission (CFTC) has filed a complaint in federal district court in New York charging the Royal Bank of Canada (RBC), a Canadian bank and financial services firm doing business in New York, with conducting a multi-hundred million dollar wash sale scheme in connection with exchange-traded stock futures contracts. »

Judgement hammer

Court enters USD98.6m final judgement against UK hedge fund adviser Pentagon Capital Management

Tue, 03/04/2012 - 12:53

On Wednesday, March 28, 2012, United States District Judge Robert W Sweet of the Southern District of New York entered a final judgement in favour of the US Securities and Exchange Commission ordering total monetary relief of USD98.6 million from Pentagon Capital Management (PCM) and CEO Lewis Chester. »

Andrew Baker, CEO, AIMA

AIMA expresses concern about new European Commission AIFMD implementation text

Mon, 02/04/2012 - 09:51

The Alternative Investment Management Association (AIMA), the global hedge fund trade association, has expressed concern about the European Commission’s new draft text for the implementation of the Alternative Investment Fund Managers Directive (AIFMD). »

Irish flag

Ireland approves new corporate fund structure

Thu, 29/03/2012 - 10:00

The Irish Minister for Finance has approved, in principle, the development of legislation for a new corporate structure for funds which is intended to meet US ‘check the box’ requirements and reduce administrative costs. »

Information sign

Cayman Islands extends Master Funds registration deadline to 21 May 2012

Fri, 23/03/2012 - 06:00

The Cayman Islands Government has extended the deadline for the registration of ‘master funds’ by 60 days to 21 May 2012. »


SEC charges investment adviser James Michael Murray with fraud

Thu, 22/03/2012 - 14:10

The Securities and Exchange Commission has charged a San Francisco-area investment adviser with defrauding investors by giving them a bogus audit report that embellished the financial performance of the fund in which they were investing. »


CFTC vacates CME Clearing Europe Limited Registration as a derivatives clearing organization

Thu, 15/03/2012 - 10:00

At the request of CME Clearing Europe Limited (CMECEL), pursuant to Section 7 of the Commodity Exchange Act, the Commodity Futures Trading Commission issued an Order on 13 March, 2012, vacating the registration of CMECEL as a derivatives clearing organisation. »

Matthew Reinhard, Miller & Chevalier

Investing in trouble – the risks to hedge funds of international corruption

Sun, 11/03/2012 - 10:20

To date hedge funds have largely escaped the impact of the increasing scope and aggressive enforcement of the Foreign Corrupt Practices Act by the US Department of Justice and the Securities and Exchange Commission. However, Matthew Reinhard, a member at Washington, DC law firm Miller & Chevalier, argues that hedge fund firms must monitor two large FCPA risk areas: inbound investment into and outbound investment by the fund… »

James Lasry, Head of Funds at Hassans

Gibraltar expects to benefit from recent changes to SIF regulation in Luxembourg

Thu, 08/03/2012 - 16:00

Gibraltar could benefit from a change to Luxembourg law, which has slowed down the launch of specialised investment funds in the Grand Duchy. »


BVI FSC issues updated audit guidelines for funds and regulated companies

Wed, 29/02/2012 - 10:00

The British Virgin Islands Financial Services Commission (FSC) has issued guidance on the form and content of the audited financial statements to be prepared and filed by certain regulated companies. »

Fraud under the microscope

CFTC orders James G Brandolino to pay USD1 million penalty to settle CFTC charges of commodity futures fraud

Tue, 28/02/2012 - 17:10

The US Commodity Futures Trading Commission (CFTC) has filed and simultaneously settled charges against James Giacomo Brandolino, previously of Joliet, Illinois, for conducting a number of fraudulent commodity futures investment schemes and misappropriating customer funds. »

Anti-fraud sign

CFTC charges Alexander Giap with fraud

Tue, 28/02/2012 - 15:30

The US Commodity Futures Trading Commission (CFTC) has filed a federal civil enforcement action charging Alexander Giap (Giap) of Annandale, Va, with fraud by acting as an unregistered commodity trading advisor (CTA) and operating two separate fraudulent schemes involving commodity futures trading. The CFTC’s complaint was filed in the US District Court for the Eastern District of Virginia, Alexandria Division. »

Carlo di Florio, Director of teh SEC's OCIE

SEC issues risk alert on unauthorised trading

Tue, 28/02/2012 - 13:49

The Securities and Exchange Commission (SEC) has released an alert to help firms prevent and detect unauthorised trading in brokerage and advisory accounts. »

Judgement hammer

SEC obtains final judgments against Jason Pflaum and Walter Shimoon

Tue, 28/02/2012 - 12:53

The Honourable Jed S Rakoff, United States District Judge, United States District Court for the Southern District of New York, has entered Final Judgments on Consent as to Jason Pflaum and Walter Shimoon in the SEC’s insider trading case, SEC v Mark Anthony Longoria, et al, 11-CV-0753 (SDNY) (JSR). »

A Cayman Islands street

Potential changes to registration requirements for Cayman master funds

Mon, 27/02/2012 - 10:00

On 15 February, the Cayman Islands Government issued a Financial Services Industry Advisory regarding Cayman Islands ‘master funds’ which had only one regulated feeder fund. »

 Martin Paul, Partner, Bedell Cristin

Bedell Cristin plays role in launch of Jersey’s first Private Placement Fund

Wed, 22/02/2012 - 10:00

Law firm Bedell Cristin has acted on the establishment of the first Private Placement Fund in Jersey following the introduction of the streamlined regulatory regime at the end of last month. »

Margaret Bailey, Director, Sales – Americas, at Lombard Risk

Lombard Risk launches Dodd-Frank Engine solution

Tue, 21/02/2012 - 16:00

Lombard Risk Management has addressed Title VII of the Dodd-Frank Act with its Dodd-Frank Act Engine solution. »

George Canellos, Director of the SEC's New York Regional Office

SEC charges California hedge fund manager connected to Galleon Insider trading case

Mon, 13/02/2012 - 06:29

The Securities and Exchange Commission has charged a hedge fund manager and his Menlo Park, California-based firm for their involvement in the insider trading ring connected to Raj Rajaratnam and hedge fund advisory firm Galleon Management. »

Information sign

Dechert provides FATCA update

Fri, 10/02/2012 - 10:03

Dechert has released the following update regarding the US Treasury Department’s recent proposed regulations and announcement relating to FATCA… »

Blue information sign

Changes to the Market Abuse Regime for Irish-listed Funds

Thu, 09/02/2012 - 16:00

Pursuant to the Market Abuse (Directive 2003/6/EC) Regulations 2005 (the “Market Abuse Regulations”), since 1 July 2005 the Central Bank of Ireland has delegated market monitoring and investigation tasks to the ISE. These delegation arrangements ended on 31 January 2012 and the Central Bank is now carrying out all monitoring and investigation functions formerly carried out by the ISE, in addition to its own monitoring and investigation functions under the Market Abuse Regulations. »

Jonathan Piper, partner, DLA Piper

Tiffin vs Lester Aldridge LLP

Wed, 01/02/2012 - 22:33

The UK Court of Appeal has today handed down judgment in a case which considers the circumstances in which an individual who enters into a members' agreement in a limited liability partnership may be considered to be an employee. Jonathan Exten-Wright, employment partner, DLA Piper explains… »

Gregory Brandman, partner, Eversheds

Einhorn fine puts down a clear marker

Thu, 26/01/2012 - 19:37

The decision by the FSA to fine David Einhorn and his firm, Greenlight Capital, GBP7.2 million demonstrates the FSA’s commitment to stamping out market abuse, says Gregory Brandma »

David Einhorn, Greenlight Capital

David Einhorn and Greenlight Capital Inc fined GBP7.2m for trading on inside information in Punch Taverns

Thu, 26/01/2012 - 11:53

The Financial Services Authority (FSA) has fined David Einhorn (pictured), owner of the prominent US hedge fund Greenlight Capital Inc (Greenlight), and his fund GBP7.2 million for engaging in market abuse in relation to an anticipated significant equity fundraising by Punch Taverns Plc (Punch) in June 2009. »

George Canellos, Director of the SEC’s New York Regional Office

Diamondback Capital agrees to settle SEC insider trading charges

Mon, 23/01/2012 - 18:51

Diamondback Capital Management LLC has agreed to pay more than USD9 million to settle insider-trading charges brought by the SEC on 18 January. The proposed settlement is subject to the approval of Judge Paul G Gardephe of the US District Court for the Southern District of New York. »

Charles Martin, senior partner, Macfarlanes

D Harris + Company hedge fund team joins Mcfarlanes

Mon, 16/01/2012 - 18:43

D Harris + Company’s eight-strong hedge fund team has joined law firm Macfarlanes. Daniel Harris, who founded the boutique hedge fund law firm eight years ago, is also joining Macfarlanes as a consultant. »

Orange Fraud sign

SEC charges multiple hedge fund managers with fraud in inquiry targeting suspicious investment returns

Fri, 02/12/2011 - 14:29

As part of an initiative to combat hedge fund fraud by identifying abnormal investment performance, the Securities and Exchange Commission has announced enforcement actions against three separate advisory firms and six individuals for various misconduct including improper use of fund assets, fraudulent valuations, and misrepresenting fund returns. »

Daniel O’Connor, Carey Olsen

Carey Olsen advises on the first Channel Islands listing of a litigation fund

Thu, 01/12/2011 - 16:00

Carey Olsen has advised Argentum Capital on the Jersey legal aspects of its multi-million pound listing on the Channel Islands Stock Exchange, the first listing of a litigation fund on the CISX. »

FSA Logo

FSA fines and bans hedge fund compliance officer GBP14,000 for failing to act with due skill, care and diligence

Wed, 23/11/2011 - 12:54

The Financial Services Authority (FSA) has fined Dr Sandradee Joseph GBP14,000 and banned her from performing any significant influence function in regulated financial services for breaching Principle 6 of the FSA’s Statements of Principle for Approved Persons. »

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