http://libertyblitzkrieg.com/2016/01/06/additional-details-emerge-on-how-hedge-funds-and-private-equity-firms-loot-public-pensions/
Despite the at times disconcertingly polite tone, the SEC
has now announced that more than 50 percent of private equity firms it
has audited have engaged in serious infractions of securities
laws. These abuses were detected thanks to to Dodd Frank. Private equity
general partners had been unregulated until early 2012, when they were
required to SEC regulation as investment advisers.
Bowden heads the SEC’s examinations unit, and his rap
sheet was based on his two years of experience in auditing private
equity firms. As bad as embezzlement and other sharp practices are, at
least as troubling is the revelation that the limited partners have been
derelict in their duties. They’ve agreed to terms in their relationship
with the general partners to make it easy for the general partners to
abuse the investors. The general partners can steal from their limited
partners because the limited partners are asleep. The LPs have failed to
negotiate for contractual protections when they have the most leverage,
prior to investing, and they’ve been unwilling or unable to monitor
their investments effectively once they’ve handed over their money. Note
that the industry was warned about this possible outcome; it
corresponds to the worst scenario, ” A Broken Industry,” in a 2011 paper
by Harvard Business School professor Josh Lerner.
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