03/02/2010

Comment: Amy B Hirsch

While you are all scouring the prime brokers for the next George Soros, do not take your eye off the bigger picture: Obama, Congress and potential regulation. In fact, investors should be officially warned to read HFMWeek’s legal coverage to ensure they understand what regulatory changes will take effect and what the impact will be to their financial health. Will the government try to limit shorting? Will they limit leverage availability? Will they implement a ‘cease and desist’ on banks investing in hedge funds completely or just from running them internally? The answers are yet to come, but in the meantime, stay nimble, liquid and always remember the importance of the correct amount of oversight.

I have been conducting operational due diligence for almost 30 years and am never bored. It is amazing how many ways crooks can outsmart us. It is one thing to be outsmarted, and yet another to be ripped off because you did not do the work.

In operational due diligence, the golden rule is: always follow the cash. Track the cash from the execution of the subscription agreement to its final resting place in your Nav. Examine the myriad hands that touch the cash, can move the cash and can invest the cash. Ensure that the custodian is actually the custodian. Ensure that the vendors for the fund are actually under contract. In other words: verify, verify, verify!

The key to good operational due diligence is simple: identify any gaps in procedures and policies that would allow someone to take what is rightfully yours. Do not invest in firms where the traders can adjust positions after they are booked. Ensure that the supervisory policies are actually in place and monitored. Choose a policy and review the files for it. Let’s say, maybe insider trading for example. Ask to see the review files that the chief risk officer signed off on. Ask to see examples of trades that were rejected because they walked that fine line between public and non-public information.

Track a trade ticket from its inception as an idea in the portfolio manager’s head to the prime brokerage account. Identify any flaws in the process of execution, clearing, and reconciliation. Confirm that there is separation between the front and back office; between finance and operations, between your money and a trip to prison.

The second golden rule of operational due diligence is read, read, read. Read the offering document and ensure you understand the liquidity provisions, the indemnification provisions of the manager, the administrator, the auditor. In one document, I swear the manager indemnified his dog. I could be mistaken, all that reading is indeed exhausting. Pay extra attention to the section on risks. If a manager is talking about emerging market risk in his/her prospectus and you think you are invested in a US-only manager, ask questions.

Review the financials and ensure you agree that the assets invested in are what you understood the manager to be trading. Look for concentration in a particular sector or geography. Review any use of derivatives and ask to see Isda agreements to ensure two-way swap etc. Review the financials to understand the fees charged to the fund, payments to vendors, and any unusual post-audit notes.

There are too many issues in operational due diligence to list in one article, but if you follow the cash and verify, you are half way there.

Remember: if you do not understand what you own, get out or get help. The portfolio you save may be your own.

Amy B Hirsch is chief executive officer of Paradigm Consulting Services

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