Miles Costello and Michael Herman
Enter our Snapshots of Summer photography competition
London’s powerful hedge fund community is failing to stamp out incidences of market abuse such as insider trading, according to the City’s top market watchdog.
The Financial Services Authority, led by the former investment banker Hector Sants, gave warning yesterday that it was planning a series of systematic checks on hedge fund managers and their anti-abuse measures.
It said it had been “disappointed” by the results of a number of informal visits it had carried out over recent months. “Some hedge fund managers had a high level of awareness and appropriate controls in place, while others were less aware, had fewer controls and demonstrated a complacent attitude to the risks,” the FSA said.
It told its membership in a regular newsletter, published yesterday, that it was laying out a “template” for how best to prevent market abuse. The FSA said it “expected things to improve”, stating that senior management needed to claim responsibility for policing against market abuse.
The authority also suggested that recording telephone conversations - a practice endemic at brokerage houses - had merits, as did naming a single staff member to deal with potentially sensitive information. The FSA’s formal visits should begin in the first quarter of next year.
Jonathan Herbst, a former FSA lawyer now at Norton Rose, said: “This is the FSA’s way of reminding hedge funds that clamping down on market abuse remains at the top of its priority list. It is saying: ‘Just because we haven’t brought that many cases so far, don’t get complacent because we are monitoring this extremely closely’”.
The FSA’s shot across the bows of the London industry, second only to New York in terms of assets under management, came as the European Commission called for some member states to crack down more on insider dealing.
David Wright, the Commission’s head of financial services policy, said yesterday: “We certainly think we would like to see more convergence - not harmonisation - of sanctioning regimes. To some extent in some jurisdictions they are not tough enough.”
In the UK, the FSA has not brought a criminal case against insider dealing since it took control of the issue in 2001. Yet according to a study into insider dealing published by the FSA in March, almost a quarter of formal takeover statements to the stock market in 2005 were preceded by questionable share price movements.
The Securities and Exchange Commission, the FSA’s American counterpart, boasts dozens of successful prosecutions each year. Mr Wright did not single out any regulators.
The FSA’s broadside comes less than a month after 14 of the biggest London managers, including Man Group and Marshall Wace, threw their weight behind a voluntary code of conduct. The principles, governing disclosure and transparency, were drawn up by the Hedge Fund Working Group under Sir Andrew Large, the former deputy Bank of England governor.
An FSA spokeswoman denied that the regulator was targeting the hedge fund industry, pointing out that the visits to hedge fund managers had taken place within the context of its general concerns about market abuse among financial services firms. She also said the regulator was not trying to undermine the voluntary code.
However, she said the regulator was engaged in a “pull your socks up” exercise and that shortfalls in areas such as compliance, system controls, training and dealing with inside information among hedge funds were widespread.
“In everyone we visited, there was an area where there was room for improvement,” she said. The FSA declined to go into detail about the number of funds it had visited. It said it had aimed for a representative section, covering firms employing anywhere between eight and 100 staff.
London’s hedge fund industry has exploded since the turn of the century. According EuroHedge, which compiles data on hedge funds, total assets managed by European hedge funds were $540 billion as at the end of June. London accounts for 77 per cent of the European total, Eurohedge said, with London-based hedge funds managing combined assets of $415 billion.
When EuroHedge conducted its first survey of the European hedge fund industry in 2000, there were just over 300 European hedge funds managing total assets of around $100 billion. Now there are comfortably more than 1,500.
However, the prevalence of hedge funds has led to worries that they are able to trade on insider knowledge of price sensitive events such as corporate takeovers.
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the collective power of smart thinking. Submit a solution and be in with a chance to win a Flip MinoHD Camcorder
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
42,945
2008
71,450
Car Insurance
Not Specified
MI6
UK-based
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Save up to £1,000 per couple with Elite Vacations at the five-star Constance Lemuria Resort
and do the British Isles this Summer.
Save up to 60% with Oxford Hotels and Inns
Try our inspiring luxury holidays to the Indian Subcontinent and South East Asia.
Great offers available
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
Whatever side readers choose to take in terms their position to the FSA no one can deny that it has been less than optimal in curbing the behaviour of the broking and banking fraternity over M&A activity.
The matters readers complain of are not inherently dishonest - they are predictable and normal behaviours. When individuals are incentivised by amounts that can exceed 'basic' income it is little wonder integrity gets frayed. Add directors' further frailty - a penchant for rewarding failure - and it is little wonder personal enrichment is placed at the head of the queue. When an MD can get a 9 fgure reward for doing his job (e.g. buying an overpriced German Telco, or delivering shareholders a writedown of several Billion) others too will want to join the 'lolly scramble'. Curb the incentives and integrity will return. After all there is NO empirical evidence to confirm employess work any more effectively when incentivised.
Ashley Balls, Auckland , New Zealand
The 'City Compliance Worker, London' must work for the FSA if he thinks they are doing a wonderful job. Ask all those people who are daily being affected by the FSAs lack of action. Northern Rock aside what about the Insurance industry. The FSA has moved the goalpost regarding regulation of the 'With-Profits Funds' for example. Insurance companies object to something so it is changed in their (The Insurance industry) favour. The FSA at present is allowing the insurance industry to deny policyholders, bondholders and pension holders the right to their 90-10 ratio of any distribution or 'The Inherited Estate.' (Orphan Assets). The Insurance industry is being spiteful and says if we cannot have more than the official 90-10 disribution (in favour of policyholders) then we won't distribute any money. Also those people who may fall for jam today will find their jam tomorrow has been permanently removed. All this is with the FSAs knowledge and approval.
R.Allely, Cardiff, Wales
The FSA has another strategy which will effect hedge funds. Next year it is likely the FSA will announce new collective investment vehicles which will permit fund managers to offer UK authorised vehicles which will offer hedge fund strategies. This will make the playing field more level and put a lot of pressure on hedge fund managers to reduce fees, increase transparency and adopt UK registrations for their products.
Martin, London,
Voluntary codes of conduct work. The City of London is the financial powerhouse it is, taking over from the US, because it is not regulated to within an inch of its life. For example, the Takeover Code (voluntary) is widely followed in the City and effectively has the force of law. The same can be said for the JMLSG Guidance Notes on Anti-Money Laundering, which is feted world-wide for its intelligent approach to managing risk and the effectiveness of its provisions. Yes, the FSA may have slipped up on Northern Rock, but considering that it is underfunded (per the FATF Mutual Evaluation assessment) and over-stretched, it's doing a pretty good job, especially in comparison to other state bodies.
People who don't know anything about financial markets or regulation should not comment on things they do not understand. They just end up looking stupid.
City Compliance Worker, London,
making the guys at the top of the company responsible for policing market abuse is ludicrous, they are the ones that have most to gain from insider trading you FSA clowns!!
phil, london, uk
Once again, the FSA proves that it is incompetent. Ever since the days of the Vanishing Premium life insurance scandal, the FSA is always a day late and a schilling short. Is there anyone at the FSA who isn;t doing 'pensionable time'. The investing public has to understand that the government can/will not protect them.
Edward Sweet, Toronto, ON, Canada
Yet more voluntary codes of conduct. When will the FSA realise that companies ignore 'Voluntary' codes of conduct. The FSA has yet to show its worth in protecting consumers from big business and I think the Northern Rock debacle was a classic example of how poor their supervision is.
R>Allely, cardiff, Wales