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Hedging Against Disaster
Elizabeth Harris
11/01/2006
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In 2005, Blaine Bishop, a former defensive back for the Philadelphia Eagles,
grew worried when his hedge fund manager balked at his requests for copies of
audited financial reports. Bishop realized he had a serious problem when he
tried to withdraw his money from the fund—and the manager wrote a check that
bounced.One year earlier, Bishop (later joined by five current and former NFL
players) had invested $20 million in several hedge funds managed by
International Management Associates (IMA) of Atlanta. Before writing his
checks, however, Bishop attempted to vet the fund’s managers. He visited IMA’s
offices to meet the principals, and he and some of his fellow investors asked
the NFL Players Association’s Registered Financial Advisor Program, a service
that scrutinizes money managers, to run a background check. Its review gave the
firm a clean bill of health.
Today, Bishop believes the NFL program’s
incompetence cost him and his colleagues their capital. In June, they filed suit
against the NFL and its players union. According to court documents, the
plaintiffs claim the Players Association failed to unearth state and federal tax
liens totaling $1.04 million against fund principals Kirk S. Wright and Nelson
Keith Bond. (Bond has not been charged with any wrongdoing.) Bishop and his
fellow investors also argue that the advisor program failed to discover that
Wright had inadequate professional liability insurance.
TOP VIEW Most hedge funds are run conscientiously, but the ones that implode because of
incompetence or outright fraud hog the headlines. Reacting to recent
high-profile fund collapses, investors and wealth managers are turning to
specialized agencies to perform background checks on prospective fund managers.
By combing through public records and interviewing colleagues and acquaintances,
investigators can ascertain if these individuals are above board. Careful review
of their operations also highlights those at risk of loss from problems with
logistics. | By the time Bishop
and his colleagues invested, IMA was close to insolvency, according to SEC
charges filed this past February. The SEC alleged that IMA had “largely
dissipated” the $115 million to $185 million in capital it had raised from about
500 investors since 1997. The SEC also claimed that IMA fraudulently raised
money by misrepresenting the assets in, and rates of return of, its
funds.
“It’s shocking,” Bishop says, referring to the failure of the Players
Association background check to unearth IMA’s problems. “We just feel like we
were let down. If we had known about their background, nobody would have
invested.” (The NFL denies the players’ allegations. “There were no requests for
background checks,” says Richard Berthelsen, general counsel for the NFL Players
Association.)
While fund manager fraud like that alleged in the IMA case
often seems to be constant fodder for the business press, it actually accounts
for only a microscopic percentage of hedge fund failures. Aside from IMA, two
cases in the past year have captured the most attention. KL Group in Miami lost
$213 million and Bayou Management in Greenwich, Conn., lost $450 million. But
according to Hedge Fund Research, a Chicago consulting firm, 848 funds shut
their doors in 2005 (a year that saw more than 2,000 new launches)—representing
a record 11.4 percent attrition rate. All but a few funds closed because they
did not meet their investment objectives—not because their managers were
crooks.
Despite this, a growing number of private investors, spooked by
high-profile meltdowns, are seeking to avoid being caught up in the next debacle
by hiring investigative firms and making increasingly pointed inquiries of fund
managers themselves. This may be prudent, in part because the government’s
oversight regime is in flux. (One month after Wright’s arrest in May, a federal
appeals court overturned an SEC rule that required most hedge funds to submit
themselves to regulatory scrutiny.) Many fund managers argue the rule was the
wrong solution—an expensive and time-consuming attempt to head off fraud, when
the overwhelming danger to investors is really incompetence among managers. In
any case, as the number of hedge funds nears 9,000 and assets under management
top $1.2 trillion, these vehicles remain largely unregulated, so careful due
diligence is crucial to minimize the risk of serious loss.
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