Compliance

The Securities and Exchange Commission reportedly is considering subjecting hedge funds to routine inspections. The SEC is particularly interested in reviewing hedge funds' trading strategies, although the SEC reportedly does not want to publicly disclose these trading strategies. The SEC is expected to release the findings of its investigation of the $600 billion hedge fund industry by the end of this month or early next month.

Since Sept. 11, 2001, governments in the U.S. and abroad have moved aggressively to combat the problem of money laundering and terrorist financing at financial institutions. To this end, Title III of the USA Patriot Act introduces many new classes of financial institutions to many of the same anti-money laundering (AML) control requirements that banks have had to comply with for many years under the Bank Secrecy Act and other laws.

The requirements of the Sarbanes-Oxley Act and subsequent SEC rules have significant implications for the responsibilities of fund audit committees, the way they do business and the qualifications of their members. Not only did the act formalize measures to safeguard the independence of outside auditors, it redefined the role of fund audit committees in assuring transparency, and thus accountability, to shareholders. No less than in years past, the quality of a fund's financial reporting depends upon close and effective coordination among management, the audit committee and the audit firm. Sarbanes-Oxley altered, however, in crucial respects, the rules of engagement.

In the first of a long series of arbitrations through the National Association of Securities Dealers, a panel has awarded around $110,000 to an investor who had been sold variable annuities by John Steven Blount, a former broker for New York Life Securities. Blount has 97 customer complaints on record with the NASD, with the bulk of those pending arbitration.

The Securities and Exchange Commission's move to require fund advertisements to disclose a fund's most recent month's performance as well as a toll-free number or Web site where they can view up-to-date figures may soon become a reality. Paul Roye, director of the division of investment management at the SEC, said the commission might make this a rule by September or October. Two other proposals could be passed by November, Roye added. The first would require funds to disclose fund fees in dollar amounts for a $10,000 investment over the past six months, and the second would require funds to disclose their holdings on a quarterly rather than on a semi-annual basis. Funds would have to disclose the holdings within 60 days after the end of a quarter.

NEW YORK - New York Attorney General Eliot Spitzer's crackdown on alleged illegal trading schemes by four mutual fund companies with a hedge fund could wreak havoc on the mutual fund industry's insistence on its squeaky-clean image. The thought of fund companies cutting deals with arbitrageurs and market timers may be hard for investors to swallow. And if this potentially multi-billion-dollar practice is as widespread as Spitzer believes, it could have serious implications beyond the four firms named: Bank One Corp., Bank of America's Nations Funds, Janus Capital and Strong Capital.

NASD Breakpoint Order Places Onus on Brokers

The seven independent trustees who serve as watchdogs over 129 retail and institutional funds sponsored by Morgan Stanley Investment Management of New York have approved a restructuring of their board compensation plan that will result in a significant double-digit increase in their pay.

The Patriot Act's customer identification requirements set to take effect Oct. 1 could become a splitting headache for customer service reps if firms are not proactive in informing customers, according to Charlie O'Neill, Dalbar's manager of anti-money laundering (AML) services.

Courtside seats and free bottles of vino may be a thing of the past once regulators are through retooling broker compensation.

Standard & Poor's recent research calling into question the levying of 12b-1 fees by funds closed to new investors has many in the mutual fund industry scratching their heads and poking holes in S&P's assessment.

While the Investment Company Institute and politicians are endorsing proposed legislation to reform the mutual fund industry, critics are crying foul, saying recent revisions have gutted the bill of its integrity.

NEW YORK - Despite the appearance of some hiccups, a senior annuity sales suitability model regulation will be approved in time for the fall meeting of the National Association of Insurance Commissioners (NAIC) of Kansas City, Mo.

State securities regulators are turning up the heat on Morgan Stanley after discovering it provided false and misleading information about its mutual fund sales practices.

In response to the Securities and Exchange Commission's charge that one of its representatives improperly sold mutual fund B shares and that it failed to monitor its sale of various classes of mutual funds, Prudential Securities has agreed to pay $382,000. However, Prudential neither confirmed nor denied the allegations. The settlement broke down to $300,000 in civil penalties, and $82,000 in reparations to investors reportedly hurt by the companies' conduct.

The National Association of Securities Dealers continues its slow battle against the sale of costly class B shares of mutual funds - one that began two years ago.

Freddie Mac continues to be put through the wringer after a high-profile accounting scandal forced the company to restate earnings for the last three years and led to the ousting of three top-level executives.

Industry Supports Much Of Mutual Fund Disclosure Bill

Financial services giant Citigroup is being sued by an investor who claims that she was duped into putting her money into a pricier share class of mutual funds.

DUBLIN - The retailization of hedge funds seems to be gaining momentum overseas, and international regulators are taking a cautious approach to the growing demand. But investment professionals in the U.S. are expressing little concern for, and no interest in, providing this product to the average investors.