Are you a hedge fund that’s made it a habit of doing right by your clients? Just barely justifying your fees? Doing your job? SEC director of enforcement Robert Khuzami is on to you. He knows the only way anyone could beat the market by 3 percent (or what he calls “aberrational performance”) is by being a genetic freak or criminal. So everybody just sit there with your hands in the air. You’re all suspect.
Recently, during congressional testimony, Robert Khuzami, the Director of the Division of Enforcement for the U.S. Securities and Exchange Commission (SEC), faced tough questions regarding the SEC’s response to the Madoff scandal. In response, Khuzami revealed an investigative initiative concerning hedge funds. Enforcement is now focusing on hedge funds that outperform “market indexes by 3% and [are] doing it on a steady basis.” Khuzami referred to such performance as “aberrational,” and stated that Enforcement is “canvassing all hedge funds” for such “aberrational performance.”