Re-release: How Asset Managers can Minimize Risk with the SEC
May 2, 2024
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C. Dabney O'Riordan, former leader of SEC's Asset Management Unit, discusses minimizing SEC risk for asset managers by taking proactive steps like self-identification, updating policies, providing training, hiring compliance consultants, and making remedial payments if needed.
Proactively addressing potential issues can minimize the risk of SEC investigations for asset managers.
Taking remedial actions like policy updates and additional training can showcase accountability and prevent future misconduct.
Deep dives
Responsibilities of Asset Management Unit in the SEC
The Asset Management Unit in the SEC was formed after the financial crisis to delve into the rules and laws governing asset managers. Dabney O'Reardon was the co-chief of this unit, specializing in investigating and litigating cases within the asset management industry. She held various roles in the unit for 13 years, with a focus on deciding investigations based on initial assessments.
Types of Asset Managers and Risk Minimization
Asset managers cover a wide range, including private equity, hedge funds, mutual funds, and individual client accounts. To minimize risks of facing enforcement actions, asset managers can proactively address issues before the SEC gets involved. Taking steps to remediate problems and prevent future misconduct can help in building trust with clients and investors.
Remedial Actions for Asset Managers
Asset managers can take several remedial actions if issues arise, such as understanding the problem scope, stopping the conduct, addressing financial harm, and preventing future misconduct through policy updates and additional training. These measures can showcase accountability to clients and investors and potentially lead to lower investigation costs and a more favorable outcome with the SEC.
John is joined by C. Dabney O'Riordan, partner in Quinn Emanuel’s Los Angeles and DC offices and longest-serving leader of the SEC's Asset Management Unit, who left the agency last year. They discuss the actions an asset manager can take if it identifies a potential issue to minimize its risk of an SEC investigation or enforcement action. Among the actions they discuss for consideration include stopping the conduct and implementing remedial measures such as updating internal policies and procedures, providing additional training to staff, considering hiring a compliance consultant, and making remedial payments if appropriate.