Murphy and McGonigle's own Steve Crimmins will speak at the PLI program "Hedge and Private Fund Enforcement & Regulatory Developments 2016," December 1st, 2016.
The SEC and other government agencies continue to focus enforcement and examination efforts on hedge funds and private equity firms. While insider trading remains a priority, examinations and investigations have turned to increasingly complex issues that private funds must deal with on a daily basis - valuation, conflicts of interest regarding fees, cybersecurity, big data and allocation of investment opportunities and expenses. As the regulators’ and prosecutors’ expertise and sophistication mature, so does their use of in-house industry experts, whistle blowers and data analytics.
New rules have been proposed by Treasury’s Financial Crimes Enforcement Network (FinCEN) that for the first time would require many private funds to establish AML programs and report suspicious activity under the Bank Secrecy Act. In addition to managing examinations by the SEC’s new Private Funds Unit, private funds face continued scrutiny by the CFTC, Department of Justice and New York State Attorney General’s Office of Investor Protection.