SEC Charges Fund Manager for Failing to Disclose Placement Fees
The SEC instituted an enforcement action against an adviser/hedge fund manager that it alleges failed to tell clients that it received a 10% placement fee on a particular security that it recommended. The SEC charges that the adviser recommended the security and included it in its hedge fund and received over $400,000 in placement fees. The SEC charges that the respondent violated the anti-fraud rules and failed to register as a broker-dealer.
OUR TAKE: An interesting open question is whether full disclosure as required by the solicitation rule (206(4)-3) would have avoided the charge of failing to register as a broker-dealer.