Two UBS Advisory Firms Settle Charges Arising From Failure to Disclose Change in Investment Strategy
From the Desk of Jim Eccleston at Eccleston Law LLC:
The Securities and Exchange Commission announced that two UBS advisory firms agreed to settle charges relating to their failing to disclose a change in investment objective of a close-end fund, UBS Willow Fund LLC, which they advised. Both firms agreed to collectively pay $17.5 million, $13 million of which will be returned to harmed investors.
In 2008, the Willow Fund elected to purchase large quantities of credit default swaps. It appears that UBS failed to provide proper disclosure of the investment changes to investors or to the board of directors. Several fund brochures from 2008 and 2009 misquoted the fund’s strategy and investment letters from 2008 to 2011 contained misleading information regarding the fund’s dealings with credit default swaps.
The fund began to incur huge losses due to those investments leading to its liquidation in 2012.
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