tmidgett wrote:Insider trading is not extremely common. It is relatively easy for the SEC to root it out. The people who play by the rules narc on the cheats.
The SEC doesn't have the same ability to examine the paper trails of off-shore hedge funds as they do on Wall Street.
business week february 6, 2006 wrote:More Heat On Hedge Funds
Regulators are probing trades by managers with inside access
As if there weren't enough controversy surrounding hedge funds, now the Securities & Exchange Commission is investigating suspicions that fund employees are engaging in insider trading.
It's not the typical heard-it-from-a-friend-at-the-company stuff, either. In the last decade hedge funds have ventured into the deepest reaches of finance. They've gone from trading stocks and bonds to making loans, participating in private placements, sitting on bankruptcy committees, and agitating for positions on corporate boards. In the process they've obtained all sorts of nonpublic information -- and regulators are worried that many have been mismanaging it at best and illegally profiting from it at worst.
The SEC, NASD, and Financial Services Authority in London have launched a flurry of probes. So far the inquiries have resulted in only a handful of insider-trading charges against hedge fund managers.
( Because it's not there?Because they can't ferret it out? Or because they are not getting the cooperation they need from an adminstration sympathetic to financial shenanigans? -CB )
But regulators expect the improper handling of insider information to be a big focus of enforcement actions in 2006. "Hedge fund assets have grown significantly, and there is a lot more competition for returns," says Scott W. Friestad, an associate director at the SEC's Enforcement Div. "In this situation people sometimes cut corners. We are devoting substantial resources to these investigations." Steve Luparello, an executive vice-president for market regulation at NASD, agrees. "Hedge funds misusing nonpublic information is a growing issue," he says.
Here's a link to an excellent discussion of insider trading that ran on PBS last month:
http://www.pbs.org/newshour/bb/law/jan- ... 03-02.htmlJohn Coffee is from Columbia Law School and he studies securities fraud:
from the PBS news hour wrote:Insider advantages?
MARGARET WARNER: So, Professor Coffee, what should Americans take away from this, if, by some accounts, more than 50 percent of adult Americans are now in the market, mostly through their retirement funds?
Back in the early '80s, from figures I saw, it was just about 20 percent. Are we or they being played for patsies in this system? Are there really just two tiers and the insiders are always favored?
JOHN COFFEE: Well, I think, of course, most insiders are honest, and I think most Wall Street investment banking firms are also honest. And I think some of these firms were the victim of this behavior. It was their confidential business information that was being stolen by these defendants, or at least allegedly stolen.
What has changed is this new actor, the hedge fund. It will trade, not in tens of thousands or hundreds of thousands of dollars, as individuals might trade. It will trade in hundreds of millions, in some occasions, not in this case, but possibly in others, and because it trades so frequently, that even if an investigator comes in and says, "Why did you do this?" You can say, "Listen, on that particular day, I traded $500 million in securities. I made 50 to 60 different bets on individual stocks. And this was this was just one of 60 bets that looked right to me."
That's very hard to break that down, whereas it's much easier if an individual, for the first time in his life, makes a $50,000 trade. So it's harder to penetrate the hedge fund that is playing tough.
You probably understand 'short-selling', but since I've been studying it, I'll try and make a thread on it soon.Final excerpts, first from a WSJ article pointing out why the practice of short selling is another form of market manipulation by hedge funds that regulators are trying to get a handle on:
WSJ wrote:[b]Volatile Markets Bring Hedge Funds Under Fire
Hedge funds had their day in Washington last week, as the Senate Judiciary Committee probed accusations of fraud and called for greater industry regulation.
The heightened interest in these large pools of private capital reflects the growing clout of the hedge-fund industry and recent volatility in financial markets, which some attribute to hyperactive hedge-fund trading.
Much of the controversy centers around short-selling -- a way of betting that a stock price will fall -- by hedge funds. Short sellers usually sell borrowed shares of a stock, in hopes that they can buy the stock back later at a lower price ...
And from Thomas Kostigen at Marketwatch, 3-9-07:
There were a lot of dark days in 1929: Black Thursday, Black Friday, Black Monday and Black Tuesday, the last being the worst day for the stock market. But it wasn't until four years later that any securities law was passed to protect investors.
The Securities Act of 1933 was the first law enacted by Congress to regulate the securities markets. It required securities registration and disclosure. Prior to 1933, the thinking was that other civil laws governed behavior, such as fraud and manipulation, and no specific laws were needed to address the securities industry.
I know, you ponder that and scratch your head. But it seems we haven't learned a thing from history.
People are using that exact same rationale today to argue against hedge-fund regulations. Decades from now, people will be looking back on us, as we do on the Roaring '20s, scratching their heads and wondering why rules weren't in place to protect investors. The writing is on the wall, and it isn't in invisible ink: a major hedge-fund-related meltdown is coming.
A major insider-trading case involving three hedge funds and several Wall Street firms came to light last week. Other cases of hedge-fund fraud have popped up in Denver, Greenwich, Conn., and a slew of other places around the country.
And the ripple effect is global: there are an estimated 9,000 hedge funds with more than $1.4 trillion in assets. That's a pretty good number of funds -- the mutual fund industry has about the same number -- and a pretty significant amount of assets, about 20% of the total U.S. stock market value.
Yet, regulators are drumming their fingers on their desks: "What to do? What to do...?"
Why is more regulation being suggested, and why do regulators feel stymied by current laws? It does not look to me like this is the case:
tmidgett wrote:Insider trading is not extremely common. It is relatively easy for the SEC to root it out. The people who play by the rules narc on the cheats.
It looks to me like the heavy hitters do not want to kill the party, so maybe they don't narc on the other members of the high roller club, for fear of drawing scrutiny to the whole game.