MarketWatch’s Thomas Kostigen is concerned about hedge fund regulation. The proposals by senator Charles Grassley requiring hedge fund advisers to register with the SEC do not go far enough, he thinks.
Are you sitting down? “There is a duty for public officials to protect and serve the public; they're not. Hedge funds managers are the most rogue group of people we've seen since the Robber Barons.” An original and not at all sensationalist image.
We are all at risk, through our pension funds and our insurance policies, the endowments of our children’s’ universities and though retail funds of hedge funds.
As he attests, “pension funds, banks and insurance companies are the backbone of the investment industry.” They do indeed have large allocations, growing by the day. But, being the backbone of the industry, does it not stand to reason these institutions, which are themselves regulated, are in a position to make informed decisions about the funds to which they allocate?
Kostigen worries the hedge fund industry is unaccountable but that is not true. Funds are accountable to their investors. Sophisticated investors. The industry has changed out of all recognition in a relatively small number of years as a result of the involvement of institutional investors. Already, their allocations, which are typically relatively modest as a proportion of their overall assets, have forced through enormous increases in levels of transparency offered by many funds. And where funds are not willing to provide a satisfactory level of information it is down to the investor to take its business elsewhere to someone providing information it is happy with.
With investors conducting adequate due diligence on managers in which they are invested the chances of fraud are greatly reduced. Beyond that, there is no legislating for the criminal intent and deviousness of a manager that wants to fleece his investors. The formulation of new laws for the manager to break will have no increased impact.
It is worth remembering, too, that for an industry of this size, the hedge fund universe is actually very clean. A handful of fraud cases a year amongst 8000 odd funds managing between $1 trillion and $2 trillion. Never nice for those who are affected when they do come along, but we are not talking about an epidemic here.
“A more heavy-handed approach is needed: the hedge fund industry needs to get slapped into shape,” Kostigen says. “Regulators need to examine and understand exactly what hedge funds are, and provide oversight accordingly.”
Those two comments are completely separate. He has given us no indication of what slapping the industry into shape would entail. Are examination and understanding are the extent of his tough justice regime? You’ll be hard pressed to find anyone who thinks a regulator taking the time to understand hedge funds is a bad idea. The SEC can do this with the information they have already, with those that have registered, with information held at the CFTC, by liaising with regulators in Cayman and BVI.
It might be that registration is a good idea. But a real “slap into shape”, suggesting, to me, expensive and draconian measures, is the wrong approach. Better to encourage better understanding and best practices by investors.