Showing posts with label Operational Risk. Show all posts
Showing posts with label Operational Risk. Show all posts

Thursday, August 13, 2009

Madoff’s Film Studio and the risks of outside business activities

It has been reported by Bloomberg that Madoff’s son Andrew and Nehst Media Enterprises LLC are being sued for $5.3 million. Nehst is a Madoff-funded film studio. The suit is being brought by allegedly wronged filmmaker Dana Offenbach whose production/director credits includes such independent films as Hav Plenty, Love & Orgasms and The Mamsahib.



Ms. Offenbach is seeking at $5 million in punitive damages and $300,000 in regular old-fashioned damages. Also named in the suit are Nehst Chairman Larry Meistrich and CEO Ari Friedman. The complaint alleges that Madoff was the “principal investor” in Nehst film studio. Here is a video about Nehst which is described as one-stop shop for independent film making that interestingly doesn't mention anything about the Madoff connection:



This suit highlights another important, yet often overlooked, aspect of hedge fund operational due diligence – outside business interests. Often times during the operational due diligence process investors are so focused on reviewing the risks associated only with the hedge fund manager that they often fail to cast a wide enough net to look at exogenous risks, such as outside business activities.

Any such activities are often important for a number of reasons. By way of illustration, suppose the Chief Investment Officer or lead Portfolio Manager of a hedge fund invests in a music company run by one of his close relatives, let’s say in this case his son. Continuing our example, when asked this question the standard hedge fund reply is often, “Mr. So-and-so does not devote a material amount of time to any external endeavors.” Some hedge funds may even go further and state, “All such external outside business activities must be approved by the firm’s compliance department.”

While all that sounds great, such activities often involve more than simply writing a blank check to a relative. Often times, and with the best intentions, the check writers/Portfolio Manager will be involved if not for the sole reason that they want to offer guidance to their relative and perhaps, albeit less noble an objective, look after their investment.

There is nothing inherently wrong with such external activities or investments. That being said, during the operational due diligence process investors should take steps to learn about these outside activities and determine what risks or distractions they may pose to a hedge fund manager. Many investors will be surprised to learn what external activities a hedge fund manager may be invested in. Knowledge of such activities will allow investors to make more informed allocation decisions and provide another data point by which to manage operational risk.

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Has Rigor Mortis Set In On Your Due Diligence?

Corgentum Consulting has released a new piece entitled, "Has Rigor Mortis Set In On Your Due Diligence? - The dangers of inflexible operational risk methodologies."
This paper outlines the benefits of adding an element of flexibility to operational due diligence approaches and cautions against overly rigid operational risk methodologies.
The piece can be found in the Research section of the www.corgentum.com website or via direct link here.
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Another Hedge Fund Fraud - Mark Bloom Over Concentrates

Last week, hedge fund manager and certified public accountant, Mark Bloom pleaded guilty in U.S. federal court to charges he faced in the U.S. Here is the original SEC complaint and the original CFTC complaint.


Mr. Bloom was accused of, among other things, stealing in excess of $20 million from clients and selling illegal tax shelters while working at BDO Seidman LLP.

Mr. Bloom was the manager of the North Hills Fund and admitted to committing securities and mail fraud. Bloomberg reported that the North Hills fund investment strategy was purportedly to be diversified among several hedge fund strategies however, Mr. Bloom apparently concentrated over 50% of his fund into something called the Philadelphia Alternative Asset Fund (a former commodity trading pool which appears to be in receivership). More interestingly, it has also been reported that Mr. Bloom waited more than a year to tell investors of this concentration in the Philadelphia fund.

What seems interesting to me is that this notion of investors waiting to be told certain pieces of information by a hedge fund. Due diligence in hedge funds, both investment and operational, is a two-way street. Long gone are the days of investors being able to sign away large sums of money and wait to hear how the manager allocates them. Any basic investment due diligence review of any organization which allocates capital (i.e. - the North Hills fund in this case) should include specifics of how this capital is being allocated. While investors may be subject to fraud, if a manager claims to have allocated capital to a certain entity investors should not be afraid to confirm this. While a full detailed confirmation may be overbearing, a spot check, particularly for large relationship is certainly not unheard of.

This concept is extended throughout the field of hedge fund operational due diligence as well. Investors should not take on face value that a hedge fund may or may not have a certain relationship with a particular underlying organization to which capital has been allocated or a particular service provider. Confirming such relationships often takes little more than a quick phone call or email and investors who have done so will sleep much better at night. Of course, more detailed due diligence reviews can and should be performed to determine the way in which certain service providers work with hedge funds, but at least confirming the relationship is a good starting point.

In the case of Mr. Bloom and North Hills it seems that if investors, or their advisers, may have done a little due diligence, a possible fraud may have been detected before they lost their money.

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Ten Questions Every Investor Should Ask Their Hedge Fund Manager: Operational Risk

In the post-Madoff environment many hedge fund investors, both institutional and ultra-high net worth, are taking an increased responsibility for overseeing their own due diligence. Hedge funds should be addressing operational risk across a multitude of different operational risk factors.
Corgentum Consulting has released a paper which outlines ten questions every hedge fund should be able to not only answer, but explain why they made certain operational choices which led to these answers. The full paper entitled, Ten Questions Every Investor Should Ask Their Hedge Fund Manager: Operational Risk, can be read on the Research section of www.corgentum.com or via direct link here.

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Fund of hedge funds operational risk framework study

In a recent post HedgeCo.net's discussed Corgentum Consulting's survey of fund of hedge funds operational risk frameworks.



The post entitled, "Fund of Hedge Fund Operational Due Diligence - Study" , provides an overview of the key points of Corgentum's study which is titled, "Analyzing Operational Due Diligence Frameworks In Fund Of Hedge Funds." .

The study can be found in the Research section of the www.corgentum.com website here. The full HedgeCo.net post can be read here and on the Hedge Fund News Blog .

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Impact of European hedge fund regulation in the US

In the article entitled, "Europe's Hedge Fund Regulation Efforts Have US Implications", Jason Scharfman, Corgentum Managing Partner, discusses the potential consequences of European hedge fund regulation in the US with the Wall Street Journal. Mr. Scharfman outlines that new regulations are actually "going to hurt a lot of pension funds and other large hedge fund investors because it will be giving them a false sense of security."


He further goes on to clarify that "hedge funds aren't trying to avoid tough regulation so they can commit fraud. Rather, they are trying to avoid the bureaucratic red tape that can cost managers lots of time and money, and ultimately dent investors' returns." The full article can be read on the Wall Street Journal website (subscription required).

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Third party administration: a hedge fund necessity?

Corgentum, a provider of comprehensive operational risk consulting services to the alternative investment industry, was feature in a recent Opalesque article entitled, "Has third party administration become a necessity?"

Jason Scharfman, Managing Partner of Corgentum, comments on the often complicated relationship between hedge funds and administrators saying, "98% of all hedge funds view administrators as a waste of money and a necessary evil that they are forced to use because of their investors."

The full article can be read on Opalesque.com (subscription required).

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Are Hedge Funds Becoming Regulated Banks?

It seems like the Treasury’s Tim Geitner is getting behind the Federal Reserve to promote uniformity in derivatives. Specifically, in February several banking industry major players (Goldman Sachs Group Inc., JPMorgan Chase & Co., Credit Suisse Group AG and Barclays Plc) voiced their opinion to the Treasury arguing that the banking industry should require that traditional bank regulatory practices with regards to derivatives. It seems Geitner is trying to get his ducks in a row after some initial stumbling regarding the specifics of his plans to deal with toxis assets.



Banks want to level the playing field by requiring regular corporations, energy companies and hedge funds to face the same capital adequacy requirements and margin levels that bank do with regards to OTC derivatives.

Putting banks and hedge funds on the same playing field makes sense to promote transparency in derivatives. While there is some good in this, this type of move by the Fed is fraught with peril for hedge funds. This can represents a dangerous precedent and a slippery slope of hedge funds to be regulated alongside of banks in regards to other issues such as leverage requirements, position disclosures, overall risk budgeting and operational information disclosure.

These regulations focus on establishing the Fed as a systemic risk regulator. Systemic risk is extremely important but it is not the entire regulatory equation. This focus on systemic risk is important but once again it is of growing concern that the government is being steered by powerful lobby groups to ignore the continued threat of operational risk (aka: unsystemic risk) including fraud. Perhaps the hedge fund industry should take a page from the bank’s playbook and be more vocal in Washington with actionable recommendations, instead of the general pat on the back fodder that has been stated by most hedge fund lobby groups, to further craft future regulation before the hedge industry becomes regulated away.

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Hedge Fund Red Flag Warning System

The UK’s Serious Fraud Office announced that it is working on creating a hedge fund red –flag warning system. This is a follow up to the two arrests that were made in earlier this week in relation to the Weavering Capital fraud.


The Weaving arrests made via raids at houses in Kent and Surrey marks the first arrest in a hedge fund case in the UK.



It will be interesting to see if regulators in other jurisdictions create similar red-flag systems warning systems. Furthermore, I would like to see how such systems integrate any operational risk concerns instead of focusing purely on investment related concerns and the use of leverage as most of such previous proposal have in the past.

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Madoff-Proofing Your Hedge Fund With Corgentum

APRIL 14, 2009

Corgentum Consulting and Managing Director Jason Scharfman were profiled in a recent piece on HedgeFund.Net. The artilce, which is entitled, "A New Service-Provider Pitch: Is Your Hedge Madoff-Proff?", highlights an increased trend of hedge fund investors seeking guidance from operational due diligence experts such as Corgentum to avoid fraud and Ponzi schemes such as the Madoff crisis.

The article reads in part, "While automation and outsourcing were mandated to eliminate mutual fund operational risk, the risk of outright fraud in the hedge fund industry is now fueling service provider growth. Scharfman theorized the average hedge fund [investor] might not be able to undertake due diligence on its own, turning businesses like Corgentum a necessity rather than a luxury."

The full article can be read on HedgeFund.Net here.

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Corgentum Launches Consultancy to Provide Comprehensive Operational Due Diligence for Investors and Hedge Funds

APRIL 2, 2009

Jason Scharfman, author of Hedge Fund Operational Due Diligence:Understanding the Risks, John Wiley & Sons, Inc. 2008, today announced the launch of Corgentum Consulting, LLC, a full service hedge fund operational due diligence consulting firm. Corgentum's focus is on working with investors -- including fund of hedge funds, pensions, family offices and high-net worth individuals -- to perform comprehensive operational due diligence on hedge funds. In addition, Corgentum will work directly with hedge funds to strengthen their operational risk management processes.

Prior to launching Corgentum, Mr. Scharfman was a senior member of a team that oversaw all of Morgan Stanley's hedge fund operational due diligence efforts and which allocated in excess of $13 billion to a firm-wide platform of over 300 hedge fund managers, across multiple investment strategies. He also oversaw the operational due diligence function for a $6 billion alternative investment allocation group called Graystone Research at Morgan Stanley.

"Investors today are focused on operational risk because of a series of high profile hedge fund failures, the majority of which have poor operational planning at their core," said Jason Scharfman, Managing Partner. "Recent market events have demonstrated the need for more comprehensive and frequent investor due diligence on a hedge fund's operational risks. Corgentum will help investors to meet the challenges of this new demand." Corgentum's mission is to ensure that investors have the knowledge and best possible tools to assess operational risk management. To this end, the firm utilizes proven proprietary methodologies and original operational risk research to diagnose and mitigate investors' operational risk exposures and improve upon the overall efficiency and effectiveness of their operational due diligence process.

The firm's unique approach leverages off of Corgentum's Resource Network, a team of senior industry practitioners with expertise in law, compliance, hedge fund auditing, fraud investigation and information technology. Corgentum will also work with hedge funds to prepare for operational due diligence reviews, perform operational efficiency analyses to reduce Operational Drag(SM), and to recommend long-term sustainable operational risk solutions.

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Corgentum Managing Partner, Jason Scharfman, Authors Timely Book 'Hedge Fund Operational Due Diligence: Understanding The Risks'

--Comprehensive Treatise is the 'Bible' for Assessing Essential Non-Investment Risks and Mandatory Reading for Investors and Hedge Funds


APRIL 2, 2009

Jason Scharfman, Managing Partner of operational due diligence consultancy Corgentum and former senior team member at Morgan Stanley's Graystone Research, has recently authored Hedge Fund Operational Due Diligence: Understanding the Risks, John Wiley & Sons, Inc. 300pp.

Corgentum has been thrust into the spotlight because of recent market turmoil caused by the financial crisis and the resulting impact on hedge funds and those who invest in them. "Operational risk--the loss resulting from inadequate or failed internal processes--is clearly in the forefront, most notably in the Madoff scandal," said Mr. Scharfman. "I wanted to write the book to help investors and hedge funds lessen the chance that anything like that should ever happen to them."

In the book's ten chapters, Scharfman identifies the operational risks inherent in running a hedge fund and provides a detailed guide to an operational due diligence program to diagnose, analyze and mitigate potential risks. He also examines modeling techniques for operational risk and discusses how to consider asset allocation based upon this important factor.

Scharfman defines a four-pronged approach necessary to conduct an effective hedge fund operational risk analysis which takes into account both internal and external risk factors. He also expounds upon five core themes in an operational risk analysis by which investors can significantly reduce any exposure they may have to fraud such as Ponzi schemes, and provides in-depth examples of situations in which operational risk should have been uncovered.

In later chapters Scharfman reviews the skills investors need to evaluate the background and reputation of a hedge fund, effective analysis techniques, and the necessity of conducting ongoing reviews. He also portrays possible scenarios presented to investors who conduct operational due diligence reviews.

The book's last chapter discusses the various quantitative approaches to modeling operational risk and provides a detailed review of the advantages and disadvantages of utilizing these models. Scharfman concludes by writing on the various trends facing the hedge fund industry including the impact of FAS157 and further regulation.


About Corgentum, LLC

Corgentum Consulting, LLC is a full service hedge fund operational due diligence consulting firm whose focus is on working with investors, including fund of hedge funds, pensions, family offices and high-net worth individuals, to perform comprehensive operational due diligence on hedge funds. Corgentum utilizes proven proprietary methodologies and original operational risk research to diagnose and mitigate operational risk exposures at hedge funds as well as improve upon the overall efficiency and effectiveness of the operational due diligence process. The firm's unique approach leverages off of Corgentum's Resource Network, a team of senior industry practitioners with expertise in law, compliance, hedge fund auditing, and fraud investigation and information technology. Corgentum will also work with hedge funds to prepare for operational due diligence reviews, perform operational efficiency analyses to reduce Operational Drag(SM), to recommend long-term sustainable operational risk solutions. Corgentum is headquartered at 20 Fleet St. in Jersey City, New Jersey, 07306. Phone 201-360-2430. The Web site is www.corgentum.com.



About Jason Scharfman

Jason A. Scharfman holds the position of Managing Partner of Corgentum. He is recognized as one of the world's leading experts in the field of hedge fund operational due diligence. Before he founded Corgentum, Scharfman oversaw the operational due diligence function for a $6 billion alternative investment allocation group called Graystone Research at Morgan Stanley. While at Morgan Stanley, Scharfman was also a senior member of a team that oversaw all of Morgan Stanley's hedge fund operational due diligence efforts allocating in excess of $13 billion to a firm-wide platform of over 300 hedge fund managers across multiple investment strategies. Prior to joining Morgan Stanley, he held positions that focused primarily on due diligence and risk management within the alternative investment sector at Lazard Asset Management, SPARX Investments and Research and Thomson Financial.


Dynamic Decisions Investors Push Liquidation: The Importance of On-going Operational Monitoring

APRIL 1, 2009

A restructuring firm named Zolfo Cooper has filed a petition seeking the appointment of a provisional liquidator to protect the assets of Dynamic Decisions Capital Management Ltd.'s primary hedge fund, the DD Growth Premium Mast Fund, according to Bloomberg.

The petition was filed in a Cayman Islands Court, which is a UK territory, and under UK law investors can push for a provisional liquidator to be appointed to safeguard assets.

The petition alleges, "gross mismanagement and misfeasance." It seems a number of inconsistencies were present in the Dynamic Decisions organization - including a number of operational due diligence red flags:

1) Lack of board oversight -
Apparently the firm's founder, Alberto Micalizzi (who had written some interesting options research including developing a theory called Growth Premium Analysis) said in a letter to investors he had significantly reduced holdings in equity and options and had invested in bonds. “The board had little information concerning the investment in bonds, and were not even sure if the bonds were genuine,” according to the investors’ petitions. The main fund holds illiquid, commodity-linked bonds that were organized and executed by Micalizzi, according to the petitions.

2) Conflicting marketing materials -
Micalizzi’s firm says in marketing documents that its strategy is to invest mainly in the shares of large U.S. and
European companies. According to the petitions for the DD Growth Premium and DD Growth Premium 2X funds, 55% of assets were held in commodity-linked bonds at the end of 2008.

3) Auditor change -
The funds changed its auditor to Deloitte & Touché LLP from PricewaterhouseCoopers LLP, according to the petitions.

4) Violation of notice provisions -
Dynamic Decisions failed to give five days’ notice to investors about the termination of its prime broker relationship with Morgan Stanley.

Stability and consistency of information is a key element in the operational due diligence process. Oversight of such matters can expose hedge fund's to an unnecessary amount of operational risk. If a hedge fund is subject to UK law in certain circumstances it may be subject to a vocal investor seeking assistance from the court's when operational risk gets out of hand as it seems to have in this case.

By conducting on-going operational monitoring investors have a better chance of detecting red flags sooner than other investors who do not perform this on-going monitoring - and perhaps being ahead of the queue to get their money back when operational problems or fraud arise.

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