Hedge Fund Lawsuit Against Madoff Feeder Fund Auditor Fails

Apr 5 2010 | 11:52am ET

A hedge fund’s lawsuit against KPMG, the auditor of Bernard Madoff feeder fund Tremont Partners, has been dismissed.

U.S. District Judge Thomas Griesa in New York ruled that Meridian Capital Partners would have to show actual intent to deceive, manipulate or defraud investors to move forward with the lawsuit. He did not bar the hedge fund from refilling its complaint.

“Merely alleging that the auditor had access to the information by which it could have discovered the fraud is not sufficient,” Griesa wrote. He set the bar extremely high, warning Meridian Capital that it would have to show that KPMG’s audits of Tremont, which had more than half of its assets invested in Madoff, were so bad that they were essentially “no audit at all.”

A group of Meridan Capital funds sued KPMG a year ago, accusing the accounting firm of failing to investigate Madoff’s own accountant, David Friehling, who has pleaded guilty to producing phony audits of Madoff’s firm. The hedge funds said KPMG’s failure to do so led it to issue false and misleading audits of Tremont’s funds in 2006 and 2007.


In Depth

Q&A: Open Season For Closed-End Funds

Aug 29 2014 | 10:00am ET

When Maury Fertig and Bob Huffman, former Salomon Brothers coworkers, launched...

Lifestyle

Och Funds Women In Finance Initiative At U-M

Aug 28 2014 | 3:01pm ET

Och-Ziff Capital founder Daniel Och and his wife have made a "generous donation"...

Guest Contributor

Looking Ahead: What’s In Store For Managed Futures?

Aug 22 2014 | 12:52pm ET

The last five years were phenomenal for investors in equity indices. Will the next...

 

Editor's Note

    Get A Sneak Peak Of The Alpha Pages

    Aug 25 2014 | 11:21am ET

    As many of you know, FINalternatives was recently acquired by the owners of Futures magazine, a firm called The Alpha Pages LLC. Today marks the soft-launch of a new sister site for both publications. As its name suggests, The Alpha Pages will cover all types of alternative investments, going far beyond the more well-known ones such as hedge funds and private equity. Read more…

 

Futures Magazine

July/August 2014 Cover

The time was right

Commodities/Futures magazine launched at the precipice of a revolution in the futures industry—really a revolution in the idea of risk management—that would move it from a small niche industry to ...

The Alpha Pages

TAP July/August 2014 Cover

The Alpha Pages Interview: Senator Rand Paul

Senator Paul sat down in the debut series of the Alpha Pages Interview to discuss the broken tax code, regulation surrounding Bitcoin, and his plans for the 2016 Presidential election.