San Diego sues Amaranth
One of the nicest things about the Amaranth case, if the term is appropriate in a situation where so many people lost money, was the absence of any litigation in the case. Here was an example of an honest hedge fund debacle, it seemed, with no fraud involved, just a good, honest, over-concentration of risk. Investors were getting some of their money back, and while it obviously reflected the hedge fund industry in a negative light, it could be spun the other way, exemplifying the growing maturity of the industry and the relative speed at which it was sorted.
San Diego County retirement fund ruined all that when it sued Amaranth for securities fraud, seeking damages of $150m. It will deprive other investors of some of the money they had coming to them, and delay what reimbursement they still get. There is still $630m, or about 23%, assets to be returned to investors, according to Bloomberg.
San Diego accused Amaranth of lying about its trading strategies and of making "excessively risky and volatile investments," according to a complaint filed last week by the San Diego County Employees Retirement Association. The complaint alleges that Amaranth built up excessively concentrated positions in natural-gas futures. As those investments grew, Amaranth told investors that it was decreasing allocations to energy trades, according to the complaint.
I don’t want to criticise anyone for making this claim if it is fair, and without knowing the intimate details of the case it is impossible for me to ascertain that. Pension funds in particular should do everything in their power to recoup losses made through impropriety: their investments can evoke strong feelings because they are the route through which pensioners, or any segment of the retail population, can unwittingly gain exposure to this industry. And these types of investor- those that want security and low risk investments- should not be exposed to a fund like Amaranth.
Yet despite all that, in this particular case my initial reaction was to question the motives of San Diego. Is the move to sue Amaranth designed to shift the blame away from itself and onto the manager? After all, Amaranth’s returns prior to its reversal, while being very impressive were clearly the result of some significant risk-taking. In that case, why was a pension fund investing in it anyway? There are plenty of funds out there delivering modest, but steady returns, which are not likely to suffer $6bn losses when markets move against them.
Put another way: even if Amaranth did say it had reduced exposure, but didn’t, it would still be an enormous exposure to have had in the first place for a pension fund. The size of Amaranth’s position was known, and they could have redeemed as exposure built up, (excluding themselves from months of impressive results, isn’t it funny that they didn’t?) That makes San Diego’s pension fund allocators irresponsible.
Perhaps less litigation has surrounded the Amaranth case because people have realised the more lawyers fees have been paid out the less money there is to go back to investors. In this instance there could have been a lot of out of court settling going on behind closed doors, which is good in the sense that it gets investors more money back, although it makes it easier for the manager to do the same thing again elsewhere.
It would be nicer to believe there has been no litigation because there was no fraud, and only time will tell if this is the case.

