More On Legal & Compliancefrom The Advisor's Professional Library
- Updating Form ADV and Form U4 When it comes to disclosure on Form ADV, RIAs should assume information would be material to investors. When in doubt, RIAs should disclose information rather than arguing later with securities regulators that it was not material.
- Anti-Fraud Provisions of the Investment Advisers Act RIAs and IARs should view themselves as fiduciaries at all times, whether they meet the legal definition or not. Deviating from the fiduciary standard of full disclosure while courting clients may cause the advisor significant problems.
The FBI raided the offices of three hedge funds on Monday, seeking documents related to a series of insider trading investigations directed by the office of Manhattan U.S. Attorney Preet Bharara.
Bloomberg reports the offices of Level Global Investors LP and Diamondback Capital Management LLC, firms founded by alumni of SAC Capital Advisors, were searched by FBI agents. Agents also executed a search warrant at the offices of Loch Capital Management.
“The government has decided it needs to use force to obtain all the information that it needs,” Former AdvisorOne columnist Jacob Frenkel told Bloomberg. Frenkel is also a former federal prosecutor and lawyer with the Securities and Exchange Commission and a partner in the law firm of Shulman, Rogers, Gandal, Pordy & Ecker, P.A. “It has opted not to issue grand jury subpoenas but instead use the search warrant process.”
Steve Bruce, a spokesman for Diamondback, declined to comment for the story. Andy Merrill, a spokesman for Level Global, confirmed to Bloomberg that the FBI had searched the hedge fund’s offices. Timothy McSweeney of Loch Capital didn’t immediately respond to a phone message.
As Bloomberg notes, Diamondback, based in Stamford, Conn., owned U.S.- listed stocks in 706 companies at the end of the third quarter, with a market value of $4.13 billion, most of it in energy companies and financial services, according to data compiled by Bloomberg. Level Global, with offices in Greenwich, Conn., and New York, owned stocks in 77 companies valued at $3.08 billion, with 34% of that in consumer discretionary stocks and 31% in information technology companies.
Its biggest U.S. stock holding by market value is a 5.8% stake in Virgin Media Inc., the United Kingdom's second-largest pay-television company, according to regulatory filings for the third quarter.