First Allied program raises questions
about risk, conflicts.
San Diego-based independent broker-dealer First
Allied Securities is capitalizing on the hedge fund bonanza in a
different way than most of its rivals. The firm offering its reps the
opportunity to run their own hedge funds.
"From a broker-dealer point of view, we're willing
to accept the fact that we have reps who are just as good as any mutual
fund manager or hedge fund manager out there," says Mark Dransfield,
First Allied's president. "Some firms have the attitude that 'You're
just a rep.'"
He says his company is willing to place bigger bets
on their advisors, giving them more credit for having industry
knowledge and trying to understand their goals. And if running a hedge
fund is one of those goals, Dransfield says First Allied is ready and
willing to comply.
He adds First Allied's oversight processes make
offering out hedge fund management less risky. "We require that
we custody the assets at our clearing firm, and so thus we monitor
their activity," Dransfield says.
Hedge funds are largely unregulated private
investments that have seen assets under management within their various
structures skyrocket in recent years. Hedge funds now manage about $1.3
trillion in assets, according to Hedge Fund Research in Chicago, double
the amount from three years ago, and up from $1 trillion last year.
Growth is continuing at about $50 billion per quarter, HFR says.
Hedge fund managers can reap big management fees on
the assets they raise. A typical fee structure is 2% of the assets
under management and 20% of the profits of the fund. Compare that to
the paltry 1% the typical financial advisor charges, and you can easily
see why getting into the hedge fund business is attractive to some.
To be sure, there are other ways to filet revenue
from hedge funds as well. A high rate of turnover within the fund can
produce commission revenue for the fund manager. Tricks of the trade
such as this aren't lost on First Allied, however.
"It may be tempting for an advisor to generate
activity to generate commissions," says Dransfield. "We recommend costs
based on an institutional rate." Otherwise, he says, an advisor could
just sit back and trade and get paid to generate income for himself.
It's smarmy scenarios such as this that has the
financial services industry and regulators divided about hedge fund
rulemaking. The Securities and Exchange Commission is conducting a
series of closed-door meetings to figure out the best course of action
for hedge fund regulation. Last year, rules requiring that hedge funds
register with the SEC were quashed by a federal appeals court.
Meanwhile, members of Congress are investigating how
to legislate the ways hedge fund operate, and are also calling on the
Treasury Department to set new rules. Rep. Barney Frank, chairman
of the House Financial Services Committee and freshly empowered with
the Democrats' takeover of Congress, believes there is too much risk in
letting hedge funds go unregulated.
"Given the increasing size of hedge funds and the
growing role they are playing in the economy, it would be a grave error
to allow the court decision denying any authority by the SEC to stand,"
says Frank. "At the very least Congress should give the SEC the power
it has sought to require registration, and we should also be looking
into whether any further SEC or regulatory authority regarding hedge
funds is needed."
Because of all the hedge fund scrutiny, First Allied
wouldn't let their reps comment for this story. "Our chief compliance
officer recommends that we do not provide any advisors for comments on
this subject, as hedge funds and other alternative investments are
being heavily scrutinized these days," says Maureen Kilkenny, a First
Allied spokesman.
However, if First Allied believes in its managers,
doesn't have compliance issues and puts forth its hedge fund programs
to investors, then why the ban on speaking with the press? "I think
this is ridiculous," says Don Martin, a certified financial planner
with Mayflower Capital in Los Altos, Calif. "Hedge funds lack
transparency and produce an average small total return of 6.5%. There
is too much risk a salesperson could get carried away being
overenthusiastic about recommending a hedge fund that later crashed.
How does a broker-dealer rep have time to run a hedge fund and also do
the typical work of a rep? Seems like a marketing ploy that does not
add value, but does add risk and fees."
Dransfield addresses the issue of conflicts of
interest and mismanagement head-on: "There is an issue of fraud in
hedge funds but it's not because of what's regulated or not," he says.
Rather, it's a matter of proper monitoring and internal oversight,
which he says First Allied brings to the table.
"Because of our monitoring and proper due diligence, we feel we've
mitigated a lot of that risk, including conflicts of interest," he says.
Dransfield says that at least one of the hedge funds
managed by a rep was begun at the request of the client. "They wanted
performance-based fees," says Dransfield. "Our reps wanted to just
participate in performance, so we structured a fee that way." He says
First Allied also helped establish a high water mark for the fund so
that if there is "no performance" the rep wouldn't get the fee. A high
water mark sets a benchmark return for investors that, if not met,
means no management fee is charged.
Of course, not all hedge funds have high-water
marks. Many investments are big bets that take high risks to achieve
great rates of return, and not all produce.
In a recent presentation about "red flags" in hedge
fund investing, Don Phillips, managing director at Morningstar, said
it's fees that crimp hedge fund returns, pushing performance of the
hedge fund universe at large down to levels well below that of the
mutual fund industry. "They simply charge too much," Phillips says.
Tantalizing returns, however, allow more and more
vehicles to be established. According to industry estimates, there are
8,000 hedge funds and the total is growing fast.
Hedge funds are designed to appeal to wealthier
investors, which also makes them attractive marketing tools for reps
and, in turn, broker-dealers. But some financial advisors want to avoid
controversy and prefer to stay away from them.
"It's smart for the B-D because that may attract
brokers. But I would never use it. Anybody who thinks otherwise is a
damn fool. Hedge funds are just a way for managers to charge more fees
and escape regulation. They add no value, and the investors are
getting fleeced by the hedge fund managers. Zero alpha is out there,"
says Jeffrey B. Broadhurst, a financial planner who manages his own
firm in Lansdale, Pa.
On average, hedge funds returned 1% during the third
quarter, and were up about 8% for all of 2006, Bank Net 360 reports.
Compare that with the S&P 500 Index, which is up more than 14% for
the year, and you have to really question much of the sanity behind
investing in hedge funds.
But First Allied isn't so much concerned about high
rates of returns as it is with pleasing its constituency. And that
constituency consists of financial advisors seeking out new and
innovative products and programs in order to solicit new clients.
First Allied is claiming vaunted space in the
product marketplace, especially the wealth management arena. It claims
to have relationships with 44 of the wealthiest families on the Forbes
list. And to appeal to them and other megamillionaires, First Allied
packages a late-stage-financing private equity product for its
representatives to sell to clients.
"If you ask someone with $50 million how they made
their money, they either inherited it or they took their company
public. So when our rep is talking to someone with $50 million and they
talk private equity, their ears perk up; they know that's how they made
their millions," Dransfield says. That translates into a selling point,
he explains.
Although Dransfield believes that First Allied has a
place in hedge fund management, others aren't so sure it's a place for
most broker-dealer reps or other financial planners. "When you
look at some of the brilliant hedge fund managers out there, and then
you take a look at the average rep, I'm skeptical," says Don Patrick,
managing director of Integrated Financial, an independent financial
planning firm in Atlanta. "Everybody and his brother is turning into a
hedge fund manager."