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Misallocation of Funds Investment Advisers Act of 1940

Foley & Lardner LLP

SEC Enforcement Actions Impacting Private Fund Advisers for Fiscal Year 2020

Foley & Lardner LLP on

On November 2, 2020, the SEC’s Division of Enforcement issued its 2020 Annual Report for the fiscal year ending September 30, 2020. While the Enforcement Division filed 405 standalone enforcement actions – the lowest total in...more

Cadwalader, Wickersham & Taft LLP

SEC Focus On Expense Allocation: In the Matter of KKR

On June 29, 2015, the SEC charged Kohlberg Kravis Roberts & Co. L.P. (“KKR”), an SEC-registered investment adviser, with misallocating more than $17 million in broken deal and diligence expenses to its flagship private equity...more

Jackson Walker

SEC Charges Private Equity Fund Manager with Misallocation of Portfolio Company Expenses

Jackson Walker on

On September 22, 2014, the Securities and Exchange Commission ("SEC") charged Lincolnshire Management, Inc. ("Lincolnshire"), a New York-based private equity fund adviser, with breaching its fiduciary duty to two investment...more

Dechert LLP

SEC Charges Private Equity Fund Adviser with Misallocating Expenses between Portfolio Companies

Dechert LLP on

The U.S. Securities and Exchange Commission (SEC or Commission) issued a cease and desist order on September 22, 2014 (Order) against private equity fund adviser Lincolnshire Management, Inc. (Lincolnshire). The Order alleged...more

Bracewell LLP

Lincolnshire Pays $2.3 Million to Settle SEC Charges of Misallocation of Portfolio Company Expenses

Bracewell LLP on

On September 22, 2014, New York-based private equity firm Lincolnshire Management, Inc. (Lincolnshire) agreed to pay $2.3 million to settle Securities and Exchange Commission (SEC) allegations that Lincolnshire misallocated...more

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