Portal de Periódicos da CAPES

SEC charges private fund administrator with gatekeeping failures

2017; Emerald Publishing Limited; Volume: 18; Issue: 1 Linguagem: Inglês

10.1108/joic-02-2017-0013

1758-7476

Keith Miller, Martin E. Lybecker, Jesse Kanach, Mary C. Moynihan, Hillary B. Levun,

State Capitalism and Financial Governance

Purpose To explain a set of recent US Securities and Exchange Commission (SEC) administrative settlements targeting fund administrators and to alert fund administrators and other financial service providers to their growing “gatekeeper” obligations. Design/methodology/approach This article explores the factual and legal contours of SEC administrative settlements with a fund administrator, as well as related enforcement actions against investment managers, to better understand the affirmative steps the SEC is expecting financial service providers to take to help root out fraud and misappropriation in the financial services sector. Findings The SEC’s administrative settlements with this fund administrator illustrate the SEC’s expanding focus on the “gatekeeper” function and signal the intent of the SEC to impute culpability for wrongdoing to fund administrators and other financial service providers simply for not doing enough to root out fraud and misappropriation in the financial services sector. Originality/value This article contains valuable information about recent SEC enforcement activity and practical guidance from experienced white collar, securities, and investment management lawyers.