ARTICLE
24 October 2016

Hedge Fund Advisory Firm Settles SEC Charge Of Failing To Prevent Insider Trading

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
A hedge fund advisory firm and a senior research analyst agreed to settle SEC charges that they failed to detect insider trading conducted by one of the firm's employees.
United States Corporate/Commercial Law

A hedge fund advisory firm and a senior research analyst agreed to settle SEC charges that they failed to detect insider trading conducted by one of the firm's employees.

Specifically, the SEC Order found that: (i) the firm and its supervisor failed to reasonably supervise an employee who procured material nonpublic information from an insider at a public company, and (ii) the firm willfully violated the requirement that it establish, maintain and enforce written policies and procedures reasonably designed to prevent the misuse of material nonpublic information consistent with the nature of its business.

The SEC elaborated that the employee later was charged, along with his source, as part of the SEC's broader investigation into expert networks and the trading activities of hedge funds. The two individuals were also charged by criminal authorities and since have received prison sentences.

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