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ARTICLE · 11 SEPTEMBER 2013

SEC Requires First Admission Of Wrongdoing Under Revised Settlement Policy

On August 19, 2013, the SEC announced that it settled with a hedge fund and its manager and required them to admit wrongdoing.

United StatesCorporate/Commercial Law

Allison Kernisky is an Associate in the Miami office

On August 19, 2013, the SEC announced that it settled with a hedge fund and its manager (the defendants) and required them to admit wrongdoing. In the consent, the defendants admit to a series of facts, including that the manager took a $113.2 million loan from the fund to pay his personal taxes and failed to disclose the loan to investors for five months; that the defendants secretly favored certain customer redemption requests at the expense of other investors; and the defendants conducted an improper short squeeze in certain distressed bonds. The settlement does not immunize the defendants from any future criminal proceedings and prohibits the defendants from publicly denying liability. Further, the defendants cannot contest the facts in any future proceedings involving the SEC based on the same set of facts. While the consent stops short of finding that the defendants' actions constituted a violation of the

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