Here is the trailer:

Mr. Gecko is most famous for the line, “Greed, for lack of a better word, is good.“ Here the clip where Mr. Gecko says the famous line at a stockholder’s meeting:

This new movie revisits Mr. Gecko 23 years later, after he is released for stock manipulation and other securities crimes.

In this film, Mr. Gecko tries to warn the world of the 2008 financial crisis (before it happens). Along the way he crosses paths with a hedge fund’s prop trader, Jacob, (played by Shia LeBouf). In a plot twist Jacob suspects, who else but the hedge fund manager for the death of his mentor….

In the pre-Madoff environment, and particularly in the 1980′s when the first Wall St. film takes place, business and operational shenanigans, may have foolishly been subject to lesser degrees of due diligence – which is perhaps why they either went undetected or grew out of control (i.e. – Ivan Boesky)

All this made me think in the post-Madoff environment if the Gordon Gecko’s of the world would still stand up to modern due diligence techniques? ….

Perhaps maybe this theatrical shareholder’s speech sums it up best:

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The study, ‘The Madoff Effect – An Analysis of Operational Due Diligence Trends’, is available for download at www.Corgentum.com or directly here.

For this study Corgentum collected data from over 200 global hedge fund allocation organizations including fund of hedge funds, endowments, foundations, corporate pensions, family offices, large independent financial advisory practices, ultra high net worth investors and private banking organizations. “The data shows that frauds such as Madoff are an important, but potentially misleading guiding light around which investors tend to focus their due diligence on hedge funds” said Jason Scharfman, Managing Partner.

Investors, influenced by recent hedge fund failures, have refocused their due diligence efforts on operational risk areas where leading operational red flags were present. In particular, since the Madoff scandal broke, this study shows that the number of fund of hedge funds reviewing hedge funds cash management policies and controls increased by almost 60%.  Other operational risk areas covered in the Corgentum study that have realized double-digit increases in attention from investors include transparency in reporting and the role of service providers such as auditors and administrators.

Corgentum’s analysis also demonstrates that certain operational risk areas continue to be dangerously neglected during the investor due diligence process. Less than 2% of the fund of hedge funds included in this study considered the independence of a hedge fund’s board of directors during the due diligence process. Other frequently overlooked operational risk areas included information technology infrastructure, personnel turnover and the quality of overall operations management.

“Investor’s must not only understand historical red flags, but be prepared to anticipate new ones. By incorporating proprietary benchmark studies of hedge fund fraud and models of operational inefficiency into our evolving operational due diligence process, Corgentum’s approach ensures investors keep up with the changing nature of hedge fund operational risk” said Scharfman. “Corgentum will continue to partner with fund of hedge funds, pensions, family offices and other investors to create tailored comprehensive hedge fund operational due diligence and ensure that their operational due diligence reviews are not misguided by fraud.”

Opalesque, published an article regarding the study . The article is entitled, “Madoff Effect continues to see investors focus more on fraud risk than operational risk” and is available at www.Opalesque.com or via direct link here (subscription required). Additionally, the press release regarding this study is available  here. HedgeCo.Net and HedgeWeek also covered the study in this post.

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Corgentum – Working with Investors to Evaluate and Monitor Operational Drag® in Hedge Funds

The paper is available for download in the research section of  www.Corgentum.com or here.

Hedge Fund Operational Due Diligence: Operational Drag

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In their article on Madoff’s prison life, New York magazine also provides insight into how other inmates view Bernie with this sketch by fellow inmate (and convicted bank robber K.C. White):

The article goes on to quote Madoff in prison as follows:

“F— my victims,” he [Madoff] said, loud enough for other inmates to hear. “I carried them for twenty years, and now I’m doing 150 years.”

Oh by the way, here is a video that sort of flew under the radar, J. Ezra Merkin allegedly employed a convicted felon named Victor Teicher who reportedly advised Merkin from jail in 1994 not to invest with Madoff. These allegations came out of New York University’s lawsuit against him:

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In particular it is being reported that Chimay, the CEO of Chimay Capital Management, utilized lies about his claims to the Belgian royal family to scammed clients out of more than $6 million, federal prosecutors said.

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After the news of this broke, a series of emails between Ms. Hoxie and Mr. Sebbag surfaced. It is widely believe that the pair really had know idea what they were doing. As an example, here is an email exchange between Hoxie and Sebbag where Sebbag became frustrated when Hoxie was not able to obtain Disney financial information fast enough.

The email also shows that Ms. Hoxie has expensive tastes – she wanted Sebbag to purchase $700 Stella McCartney handbags and shoes. The NY Daily News, however reports that Hoxie dressed quite modestly for her court appearance. In her defense, Patrick Hoxie (Bonnie’s father) says his daughter was duped by Mr. Sebbag. Ms. Hoxie was released on bail but Sebbag was denied bail.

Here is a video from Bloomberg describing the case:

And from CNBC:

Despite the sensationalism of this case, the facts involved contain a few important lessons regarding operational due diligence and hedge fund’s.

Information Security:

As noted above, Ms. Hoxie was a secretary to Zenia Mucha, Disney’s head of corporate communications. Zenia has a background in public relations and marketing for politicians including former New York Governor George Pataki and former United States Senator Alfonse D’Amato. In politics, as with hedge fund’s, certain information should be kept confidential. Regardless of who was responsible for information security at Disney, in the modern workplace information is the currency of the future. It is vital to maintain and protect proprietary information.

During the hedge fund operational due diligence process evaluating the systems in place for information security are vital. Can any employee simply plug in an external hard drive and walk away with the portfolio holdings, or proprietary models? What checks are in place to prevent this? How does the firm make sure people are looking into parts of the firm (i.e. – accounting, payroll etc.) that they have no legitimate reason to? Regardless of all the checks in the world, a dishonest employee can still steal certain types of information however, a number of physical (i.e. – non-computer) barrier to information leakage can also be established.

Insider Trading and Compliance:

In the wake of the Galleon scandal, the hedge fund community has undergone increased scrutiny in regards to insider trading. Fortunately in this case it seems that the hedge fund’s which received Ms. Hoxie’s email offering insider information reported the communication to the authorities.

These communications, and the hedge fund’s responses relate to the area of compliance. This is another aspect of a hedge fund’s operational infrastructure which should be reviewed during the operational due diligence process.

An investor must be able to diagnose not only what policies and procedures a hedge fund manager has in place to deal with the potential for insider trading within the firm (i.e. – employee self-dealing) but also, as in this case, from external information sources as well. Hedge fund’s generally receive a great deal of unsolicited information on a daily basis. It is the job of both the compliance department, administrative assistants and all employees to have enough common sense to raise a flag when this type of communication is received. If not, a hedge fund receiving (and potentially acting) on such unsolicited insider information could easily become an unintended accomplice simply because of lack of administrative assistance oversight.

Perhaps hedge fund’s should show bizzare videos like this (in which the people look like they are all from South Park) which I’m sure would prevent anyone even thinking about insider trading…

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Peramlink.

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And a profile from earlier this year on CNBC’s American Greed:

Mr. Israel is in jail until 2030 (two years were added to his 20 year sentence as a result of his faked suicide attempt).

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It’s worth noting that in a separate case, Kovachev in 2006 was ordered to pay $350,000 in a civil suit brought by the U.S. Securities and Exchange Commission accusing him and 11 others of defrauding more than 600 investors of more than $28 million in a Ponzi scheme. The SEC said that Kovachev and others sold unregistered securities structured as hotel timeshare rental interests.

Mr. Dreier was a graduate of  Yale as well as Harvard Law School. He previously ran Dreier LLP which had offices in five cities, employed over 250 lawyers and annual revenues of over $90 million. the firm’s client’s included Bill Cosby, Andy Pettitte and Justin Timberlake. The firm is now defunct.

Notable quotes from the video, which investors might want to keep in the back of their mind during the operational due diligence process include:

“The more money you look for the fewer questions people ask sometimes.”

“It was clear to me the more you showed people you didn’t need money, the easier it was to attract money”

“A $20 million dollar mistake had grown into a $100 million mistake”

“Do I have chutzpah? Yes!”

He further goes onto describe part of the reason he finally was caught was that a potential investor, who was attempting to defraud, had acted diligently and made some phone calls (i.e. – performed due diligence) which had raised his suspicions.  If that isn’t an endorsement for operational due diligence I don’t know what is.

The video describes how Dreier lived a lavish lifestyle to create the illusion that he already was a billionaire before his empire crumbled. Some of his assets included an $11 million ocean front compound in the Hamptons, his $10.5 million apartment, an art collection that included a Picasso, three Matisse’s and 12 Warhol’s. Also just like Madoff, Dreier had a yacht. His was a 120 foot yacht called “Seascape” staffed by a full-time crew of 10, which Dreier paid $18 million for.

The video also describes how Dreier tried to further add an air of credibility to his persona by hosting charity events with former New York Giants (American football) player turned actor Michael Strahan, which were attended by such celebrities as Diana Ross, Jon Bon Jovi, Alicia Keys and William Shatner.

Dreier is serving 20 years at a Federal Correctional Institution in Sandstone, Minnesota. He is scheduled for release on October 26, 2026.

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It seems that the Hong Kong Securities and Futures Commission (HK SFC) has been paying attention to this market chatter – and is exemplifying it in the form of recent allegations against hedge fund firm Tiger Asia.  This fund is, as Bloomberg reports, one of the so-called Tiger cubs, or groups of hedge fund managers that received backing from Julian Robertson. Here is an interesting video about Robertson:

The HK SFC has specifically alleged that Tiger Asia, which is led by Bill Hwang, engaged in insider trading in the shares of Bank of China Ltd. The SFC claims that Tiger Asia received advance notices and was invited to participate in the placement of Bank of China shares by both UBS AG (on Dec. 31, 200) and Royal Bank of Scotland Group Plc (Jan. 13, 2009). The allegations continue, that Tiger Asia than sold short 104 million Bank of China share before the UBS placement deal – grossing some HK$8.6 million profit in the process. Similarly, the HK SFC alleges, Tiger Asia short sold 256 million shares before the RBS placement. This was not such a good strategy because the fund reportedly had a loss of about HK$10 million.

While, these charges related to the Bank of China, the HK SFC is also pursuing insider trading charges relating to Tiger Asia role to participate in the planned Bank of America placement of Construction Bank shares in January 2009. Through an alleged similar short sale operation the HK SFC alleges that Tiger Asia made profits of HK$29.9 million.

The HK SFC is aggressively pursuing these charge and has asked a Hong Kong court to freeze up to HK$29.9 million to Tiger Assets. Additionally, the SFC is seeking to unwind the allegedly illegal trades, ban Tiger Asia and three offices from trading similar listed securities and derivatives in Hong Kong and to restore counterparties to their previous holdings.

Insider trading and the use of material non-public information will continue to be a key elements of the compliance and trading operations reviews analyzed during the operational due diligence process. As a hedge fund investor how have you integrated these types of reviews into your due diligence process? If not, do you plan to?….

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