Sheraton Boston Hotel
39 Dalton Street
Boston, MA 02199
617.236.6012
Room Reservations
Sheraton Boston Hotel
39 Dalton Street
Boston, MA 02199
617.236.6012
Room Reservations
ACA's Fall 2008 Compliance Conference Speakers
Speaker Biographies
Mr. James Anderson is a partner in the WilmerHale’s Securities Department, and the co-chair of the Investment Management Practice Group. He joined the firm in 1994.
Prior to joining the firm, Mr. Anderson served as a Staff Attorney in the Office of Investment Management, of the United States Securities and Exchange Commission.
Mr. Anderson advises and represents investment advisers, broker-dealers, banks, mutual funds an other investment companies on investment adviser, investment company and broker-dealer regulatory and compliance issues; on related issues pertaining to pension plans and other types of retirement accounts; in investigations and proceedings brought by the Securities and Exchange Commission; in civil litigation; and in other matters involving the development and distribution of investment and financial products.
Recent Highlights
-Developing comprehensive compliance policies and procedures for investment advisers and investment companies to comply with recent SEC regulations
-Revising the legal structure and related documents between wrap account service providers, program sponsors and third-party services providers
-Representing broker-dealer in global settlement of SEC break point case
-Representing investment advisers and broker-dealers in various regulatory matters involving mutual fund market timing, late trading and revenue sharing
Honors and Awards
-Selected by his peers for inclusion in The Best Lawyers in America 2008 in the area of mutual funds law
-Recognized as a leader in financial services: asset management regulation in the 2007 edition of Chambers USA: America’s Leading Lawyers for Business
-Recognized for exceptional standing in the legal community in the area of investment management in the 2005 and 2006 editions of Chambers USA: America’s Leading Lawyers for Business
Publications
-Co-author, Investment Advisers: Law & Compliance, a leading treatise on Investment adviser regulation
-Contributing author, Mutual Fund Regulation, a treatise on investment company regulation.
Ms. Karen L. Barr is General Counsel of the Investment Adviser Association (formerly the Investment Counsel Association of America (ICAA)). The Investment Adviser Association is a national not-for-profit association, founded in 1937, that exclusively represents the interests of investment advisers registered with the SEC. The Association’s membership consists of more than 500 investment advisory firms that collectively manage in excess of $9 trillion in assets for a wide variety of institutional and individual clients. Prior to joining the Investment Adviser Association in March 1997, Ms. Barr was in private practice at Wilmer, Cutler & Pickering, where she represented clients in SEC investigations, securities class action litigation, internal corporate investigations, and securities regulatory matters. Ms. Barr graduated from the University of Pennsylvania in 1985 (B.A. magna cum laude) and from the University of Michigan Law School in 1988 (J.D. cum laude). Ms. Barr is a frequent speaker on investment adviser law, regulation, and compliance.
Ms. Paula Bosco is a Senior Vice President and the current 206(4)-7 Chief Compliance Officer at Lehman Brothers Inc. Her responsibilities include implementing and overseeing the compliance program for all investment advisory activities within the firm’s Private Investment Management group.
Prior to joining Lehman in July 2007, Ms. Bosco was a Senior Vice President and Assistant Director of International & Investment Advisory Compliance at Citi Smith Barney. In her previous role at Citi, Ms. Bosco also served as a Senior Vice President and Senior Regulatory Counsel in the firm's Regulatory Unit. Other industry positions held by Ms. Bosco include Litigation Associate at Schulte, Roth & Zabel LLP, Assistant Chief Counsel of the Enforcement Division at the American Stock Exchange (a division of FINRA, formerly NASD) and Divisional Vice President and Counsel in the Litigation Department at UBS PaineWebber.
Prominent in industry activities, Ms. Bosco is an active member of the SIFMA Investment Advisers Committee, the current Co-Chair of the Securities & Exchanges Committee at the New York County Lawyers' Association (NYCLA), and a volunteer in the Baruch Mentoring Program sponsored by the Financial Women’s Association (FWA). Ms. Bosco also participates as a panel speaker at various industry conferences and events, speaking on a wide range of investment advisory, broker-dealer, regulatory and compliance issues.
Ms. Bosco obtained a B.A. in Political Science from the State University of New York, a J.D. from the City University of New York School of Law and an M.B.A. in Finance/Investment Management from Pace University. She also holds the Series 7 license.
Mr. Joseph Brady’s, Of Counsel for Bingham McCutchen LLP practice focuses on state securities regulatory matters. He regularly advises clients on compliance with state securities laws.
Prior to joining the firm, Mr. Brady was associate general counsel at the North American Securities Administrators Association, Inc. (NASAA). At NASAA, he supported the Central Registration Depository/Investment Adviser Registration Depository Steering Committee and the Forms and Process Project group in carrying out their duties in the co-management of the Central Registration Depository. While in that role, Mr. Brady reviewed and prepared comment letters on proposed SEC and FINRA rules as well as proposed state and federal legislation. He also supported NASAA investment adviser, corporate finance, and broker-dealer section committees and project groups in review and evaluation of proposed model rules and policy statements.
In addition, he served as chief counsel and senior attorney at the Mississippi Secretary of State in the Division of Business Regulation and Enforcement, where he supervised attorneys and support staff in the management of the division’s statutory responsibilities, including administration of the state securities laws.
Before his government career, he worked in private practice.
AWARDS AND HONORS
ADMISSIONS
EDUCATION
Frank P. Bruno, a partner in the New York office of Sidley Austin LLP since 1988, has worked on a wide range of corporate and securities transactions including equity and debt offerings by industrial, utility, financial institution, investment company and real estate investment trust issuers.
Mr. Bruno has extensive experience in matters related to the Investment Company Act of 1940 and has worked on a variety of transactions of and offerings by open-end and closed-end investment companies as both fund and underwriters counsel, including initial public offerings, rights offerings, preferred stock offerings, debt offerings, asset acquisitions and mergers. He has extensive knowledge concerning the registration and exemptive provisions of the Investment Company Act of 1940 and the Investment Advisers Act of 1940. Mr. Bruno also acts as counsel on an ongoing basis to the independent directors of a number of investment companies.
Representative clients include BlackRock Funds, Merrill Lynch & Co., Royce Funds and Cohen & Steers Funds.
Mr. Michael Butowsky is Partner at Mayer Brown LLP.
Experience
Investment Funds. Organizational and regulatory advice for venture capital funds, hedge funds, funds of funds and registered investment companies.
Investment Advisers/Broker-Dealers. Organizational and regulatory advice for investment advisers and broker-dealers, including those operating on the internet. Advice relating to, among other things, the structuring of client arrangements, hot issues, soft dollars, wrap fee programs, suitability, investment adviser trading questions (e.g., principal transactions and trade allocations), SEC inspections, best execution, dual registrant issues, fee based brokerage programs, Form ADV issues, performance advertising, directed brokerage arrangements and compliance procedures (e.g., with respect to proprietary and employee trading).
Investment Company Act of 1940. Investment Company Act "status" issues for all types of entities, including private investment funds, incubators, securitization vehicles, finance subsidiaries, employee benefit plans, offshore banks and insurance companies, real estate investment vehicles and transient investment companies. Organizational advice for registered investment companies and ongoing regulatory advice to investment companies, their boards of directors and their service providers (including advice concerning open-ending proposals for closed-end funds and exemptive orders with respect to affiliated transactions).
Mergers and Acquisitions. Sales of registered investment advisers, including advisers to registered investment companies. Portfolio transactions for venture capital funds, and funds of funds.
Corporate and Securities. Transactional experience includes securitizations (e.g., CBO and CMO transactions), public and private offerings of debt and equity, regulatory issues under the Securities Exchange Act of 1934, proxy contests and commercial lending.
Conferences and Publications
Government Programs. Frequently participates in training programs for attorneys and other staff personnel of U.S. government agencies involved in regulating the financial services markets, including the U.S. Securities and Exchange Commission and the U.S. Department of the Treasury.
Memberships
American Bar Association, Section of Business Law: Committee on Federal Regulation of Securities (Subcommittee on Private Investment Entities and Subcommittee on Investment Companies and Investment Advisers); Committee on Developments in Investment Services; Committee on International Technical Assistance; Committee on Venture Capital and Private Equity (Subcommittees on Fund Formation, Governmental Regulation, International, Legislation, Transactional Issues and Documents (Venture Capital), and Transactional Issues and Documents (Private Equity) New York State Bar Association Editorial Advisory Board for the Money Managers Compliance Guide.
John S. Capone is the US Mutual Fund Segment Leader and Partner at KPMG LLP.
Mr. Capone is an audit partner and SEC reviewing partner serving a number of the firms clients in New York and Boston. He provides assurance oversight on investment company and adviser financial statement audits, reports on control structures and operations (SAS 70 Reports) and has implemented the internal controls framework (SOX 404) for investment advisers and investment companies. In addition to these responsibilities, he provides regulatory updates and insights into current developments and implications to investment company and investment advisory firms nationwide including: fair valuation processes and procedures, regulatory examinations and compliance projects.
Prior to joining KPMG, Mr. Capone spent nearly five years in the Division of Investment Management at the U.S. Securities and Exchange Commission, the last two of those years, as Chief Accountant. John worked with many of the industrys most innovative and forward-looking companies to integrate the regulatory framework with current products and practices. John also provided the technical accounting support, and interpretative guidance to the SECs Office of Compliance, Inspections and Examinations (OCIE) program. He communicated SEC staff accounting and reporting issues to the industry by authoring several of the SEC Division of Investment Managements annual Dear CFO Letters.
Mr. Capone holds an MBA from the Columbia University Graduate School of Business and a BS degree in Accounting from the Pennsylvania State University and is licensed in Massachusetts, New York, New Jersey and Pennsylvania.
A few of his clients include the Prudential Funds, Legg Mason Partner Funds, Federated Funds, Oppenheimer and Putnam funds.
Ms. Lynne Carreiro joined ACA Compliance Group in 2005 and is a Senior Principal Consultant in the Boston office. She provides a wide variety of regulatory and compliance consulting services to clients, with a focus on private funds and investment advisers. She advises both registered and unregistered clients, with respect to the design, drafting and implementation of customized compliance programs. In addition, Ms. Carreiro performs mock SEC examinations, procedural reviews, forensic testing audits, and other customized services aimed at evaluating and improving compliance with the federal securities laws. She also specializes in assisting advisers with international regulatory issues and has undertaken the drafting and implementation of a compliance program suitable for SEC/FSA dual registrants.
Ms. Carreiro began her regulatory career in 2000 as a Securities Compliance Examiner with the Boston District Office of the Securities and Exchange Commission. During her tenure at the SEC, she led or participated in examinations of investment companies, investment advisers, hedge funds, fund administrators, transfer agents and variable insurance product providers. Ms. Carreiro also participated in several market timing examinations and led a nationwide SEC focus examination.
Ms. Carreiro also served temporarily as the Investor Assistance Specialist within the Boston Enforcement Division, where she responded to investor concerns and assisted with the investigation of fraudulent investment schemes. As a member of the Enforcement Division, she was among the recipients of the Chairmans Award for Excellence for Real Time Enforcement in 2002.
She graduated from Trinity College in Washington DC in 1996 where she double majored in Political Science and International Relations. Ms. Carreiro also attended Vermont Law School where she interned with the Office of Enforcement of the Vermont State Securities Division. She obtained her Juris Doctor from Vermont Law School in 2000 and is admitted to the Massachusetts Bar.
Mr. Gene Gohlke is Associate Director for Investment Company and Adviser Compliance in the Securities and Exchange Commission's Office of Compliance Inspections and Examinations. In this position, he is responsible for managing the Commission's program for the examination of registered investment companies and investment advisers. Mr. Gohlke has been a member of the Commission's staff since 1975.
In 1992, after working twenty-five years as a civil engineer for the City of New York, Phillip Goldstein and his partner, Steve Samuels founded what is now Bulldog Investors, a value oriented group of hedge funds that invest primarily in closed-end funds, small cap operating companies and SPACs. Bulldog Investors began with $700,000 and currently has assets of approximately $500 million. It often employs investor activism to unlock the intrinsic value of its investments and attributes a record of not having had any losing years to its activist approach. Bulldog Investors has conducted approximately 30 proxy contests and several hostile tender offers.
Mr. Goldstein has served as a director of a number of closed-end funds and is currently a director of the Mexico Equity & Income Fund, ASA Limited and Brantley Capital Corporation. He graduated from the University of Southern California in 1966 with a Bachelor of Engineering degree and from C.C.N.Y in 1968 with a Master of Engineering degree.
Mr. Goldstein is a widely-quoted expert on closed-end funds, hedge funds, value investing, investor activism, corporate governance and securities regulation. In 2006, Mr. Goldstein and Bulldog Investors succeeded in a legal challenge to invalidate the SECs controversial rule to register hedge funds. They have also challenged securities regulations that prohibit truthful non-misleading communication by companies and other market participants and are currently seeking to have a prohibition on unrestricted access to its website declared a violation of the First Amendment.
Mr. Kevin W. Goodman serves as Associate Regional Director of the SEC’s Denver Regional Office, where he manages the Regulation program. Mr. Goodman joined the SEC staff in Los Angeles in 1992 as an Attorney-Adviser, and later served as Branch Chief, Senior Special Counsel, and Assistant Director, all with the Investment Adviser/Investment Company examination program. Mr. Goodman graduated from Purdue University in 1982 with a degree in accounting and received his law degree from Indiana University in 1985. Prior to joining the staff, Mr. Goodman practiced corporate and securities law in the private sector with an emphasis on mergers and acquisitions
Mr. Nathan Greene is a partner in Shearman & Sterling’s Asset Management Group. Resident in the firm’s New York office, he can be reached at (212) 848-4668 or ngreene@shearman.com. Mr. Greene’s practice includes representations of investment funds, their sponsors, advisers, boards of directors, and marketers in all regulatory aspects of fund and investment advisory operations. These representations involve: SEC registrations and exceptions from registration, SEC inspections and investigations, ongoing fund and adviser legal compliance, including the design, implementation and testing of compliance programs, fund formation, distribution and marketing, negotiation with service providers, business partners and investors, corporate transactions involving asset management businesses, and governance matters, including participation at board meetings in representation of funds, their advisers and their independent directors.
Mr. Greene has written and lectured on such topics as investment adviser compliance programs, regulatory inspections, and fund governance practices, among others. A member of the New York State and New York City Bar Associations, Nathan earned his J.D., magna cum laude, at the Georgetown University Law Center.
Mr. Robert B. Van Grover is a partner in Seward & Kissel’s Investment Management Group. He joined the Firm in 1997.
Mr. Van Grover specializes in the formation and representation of private funds (U.S., offshore, single and multi-strategy, fund of funds and private equity), investment advisers (federal or state registered and non-registered), broker-dealers, commodity pool operators and commodity trading advisers. He advises clients on a wide variety of securities, tax and business law matters relating to the investment management business, including compliance and regulatory matters, fund and management company structuring, counseling on mergers and acquisitions, buy-sell agreements, employment matters, non-compete and confidentiality agreements, marketing and distribution arrangements and presentation materials, joint ventures, seed capital arrangements, soft dollar and other brokerage arrangements, and general organizational matters.
Mr. Van Grover is a contributing author to Hedge Funds: Law and Regulation (Sweet & Maxwell 2001) (chapter entitled, "U.S. Legal and Regulatory Issues Faced by Offshore Funds and Their Sponsors") and has authored articles on various investment management topics. He is a frequent speaker on "hedge fund" and investment management related issues.
Mr. Van Grover is a member of the American Bar Association (Business Section) and the International Bar Association. He is also a member of the NASD Board of Arbitrators.
Education
J.D. St. John’s University School of Law, 1983
L.L.M. (Tax) New York University School of Law, 1989
B.S. State University of New York at Albany, 1983
Bar Admission
New York
Mr. Justin Guthrie is the Director of Beacon Verification Services, a division of ACA Compliance Group. In addition to serving as a manager on initial and ongoing verification projects, he resides on several internal committees including business development, recruiting and training where he is instrumental in leading firm initiatives that keep Beacon Verification Services at the forefront of the latest industry trends.
Prior to joining Beacon Verification Services, Mr. Guthrie gained valuable auditing experience during his tenure with Ernst & Young where he served various clients in the financial and health care industries. His auditing background, coupled with an understanding of investment management and performance measurement, helped develop Beacon’s unique approach to the verification process that emphasizes investment management knowledge with an audit based verification approach.
He received his CFA charter in 2006 and his CPA designation in 2003. Mr. Guthrie graduated from the University of Tennessee with a B.S. in Business Administration/ Accounting, and a Masters degree in Accountancy. He is a member of the CFA Institute, the Program Chair for the CFA Society of Chattanooga and an Advisory Board.
Mr. Alan K. Halfenger is the Chief Compliance Officer for Bain Capital, LLC. Prior to joining Bain Capital, LLC, he served as the Chief Compliance Officer and Head of Compliance for several J.P. Morgan business units including: J.P. Morgan Private Bank, J.P. Morgan Private Investments Inc., JPMSI Equity Derivatives, and several Broker/Dealers and Investment Advisers within the firm’s retail investment business. His previous experience includes working as a Senior Consultant in the Price Waterhouse LLP Investment Management and Securities Operations consulting practice where he worked with bank capital markets and trading departments. Mr. Halfenger also served as a compliance officer at Citigroup, National Westminster Bank, and Chemical Investment Services.
Mr. Halfenger is a graduate of the Syracuse University College of Law and the New York University Stern School of Business. He has held the various regulatory designations including the Series 4, 7, 24, 9, 10, and 53. Mr. Halfenger has spoken at industry seminars and written articles on a variety of technology, operational, regulatory compliance and risk management topics.
Mr. Thomas S. Harman is a partner in the Investment Management Practice. Mr. Harman’s practice focuses on investment management matters involving mutual funds, closed-end funds, private investment companies, ETFs and investment advisers. He also serves as counsel to the board of directors of several fund families. From 1982–1994 Mr. Harman was employed by the Securities and Exchange Commission; he served as Chief Counsel of the Division of Investment Management from 1988-1994. Mr. Harman is a frequent speaker on investment management issues and has authored or co-authored numerous articles on industry issues. From 1991-2002 he was an adjunct professor in the securities law program at the Georgetown University Law Center.
Mr. Ivan Harris is a partner in Morgan Lewis & Bockus LLP's Litigation Practice. Mr. Harris focuses his practice on hedge fund, investment adviser and broker-dealer litigation and compliance matters, securities enforcement, and securities regulation. He has an extensive background that includes more than 13 years of private practice, government, and in-house hedge fund and broker-dealer experience. From 2001 to 2005, Mr. Harris was an assistant regional director for enforcement in the SEC's Southeast Regional Office in Miami, which he joined in 1998.
Mr. Harris has particular knowledge in hedge fund enforcement and litigation, having led an SEC investigation of a major hedge fund collapse and an investigation of the first SEC case involving illegal hedge fund short selling. Immediately prior to joining Morgan Lewis, Mr. Harris served as the regulatory counsel for a financial services firm, where he advised on trading issues and compliance matters pertaining to the firm's hedge fund and broker-dealer operations. He also served on several securities industry committees that focused on issues relevant to fixed income trading and securitized products.
In addition to his hedge fund background, while at the SEC, Mr. Harris also led several significant investigations involving corporate accounting and financial fraud, insider trading, and broker-dealer and investment adviser misconduct. Mr. Harris also has developed a background in cases with international aspects, having investigated major accounting, disclosure, stock manipulation, and Foreign Corrupt Practices Act (FCPA) cases with connections to Europe and Central and South America.
Mr. Harris also assists clients in obtaining "no action" relief from the SEC staff and in advising broker-dealers and investment advisers in connection with SEC, NASD, and NYSE examinations.
Before joining the SEC in 1998, Mr. Harris practiced in the litigation departments of two New York law firms. He is admitted to practice in Florida and New York.
Mr. Harris received a B.S. from the University of Pennsylvania, Wharton School of Business, in 1991 and a J.D. from Duke University School of Law in 1994.
Ms. Kathryn Jacobson is Senior Vice President of Professional Liability for Seabury & Smith based in Washington, DC. She is their financial services practice leader and serves as the Client Executive for several national associations, including FINRA (formerly known as the NASD) , a sponsorship that Marsh has enjoyed for over 25 years and the National Association of Health Underwriters. She has proven expertise in the development and implementation of value added insurance solutions for her association clients and their constituents.
Ms. Jacobson has 30 years of insurance experience serving the financial services industry, handling national accounts in the Securities and Life and Health insurance arena. She is a frequent speaker for these associations and their members, providing Risk Management solutions for Errors & Omissions Insurance.
Prior to joining Seabury & Smith, she held various executive level positions with two major insurance companies- Continental Insurance Company and Fidelity and Deposit Company of Maryland. She carries the Chartered Property & Casualty Underwriter (CPCU) and is a current Vice President of the DC chapter of CPCUs. Additionally, she also carries the Certified Insurance Counselor (CIC) professional designation and is active in Professional Insurance Agents of America (PIA) and the Professional Liability Underwriting Society (PLUS).
She holds a BS in Finance from Siena College in Albany, NY and did graduate studies at Syracuse University.
Ms. Betsy Keeley joined Taconic Capital Advisors, LP in August 2005 and is currently the Chief Compliance Officer and Associate General Counsel. Prior to joining Taconic, Ms. Keeley spent over seven years as an Associate at Sidley Austin LLP where she provided legal and regulatory advice to a variety of investment entities including mutual funds, investment banks, investment advisers and private funds. Ms. Keeley also spent over two years at Funds Distributor, Inc., most recently as Vice President and Senior Counsel. Ms. Keeley received a B.S., with distinction, from Cornell University in 1991, and a J.D. from Fordham University School of Law in 1995.
Mr. Satish Kini is a partner at Goodwin Proctor LLP. He is a member of the Financial Services Practice where he advises domestic and international financial institutions on a broad range of regulatory and transactional issues.
Mr. Kini represents financial holding companies, U.S. and internationally based banks, and broker-dealers on a wide range of issues, including securities, banking, corporate governance, anti-money laundering and privacy matters. He has, for example, represented internationally based financial services firms in matters before U.S. banking and securities regulatory agencies, counseled banks and securities firms in money laundering examination and enforcement proceedings, and worked extensively with clients on data use, privacy and data security issues.
Mr. Kini is the author or co-author of numerous articles regarding banking and securities laws. He has been published in numerous periodicals, including ITHE American Banker, Banking Business Journal, Boston College Law Review, Investment Compliance, Journal of Payment Systems, Privacy Data Security Review and The Wall Street Lawyer. i Barrons,
Mr. Kini also is a frequent speaker on financial institutions matters. He currently serves on the Board of Editors of The Banking Law Journal and the Privacy and Data Security Review, and the Board of Advisors for the University of North Carolina Banking Law Institute.
Prior to joining Goodwin Procter in 2004, Mr. Kini was a partner at Wilmer Cutler Pickering Hale and Dorr in Washington, D.C., and counsel in the Legal Division of the Federal Reserve Board. From 1992-1993, he clerked for Judge Richard J. Cardamone of the U.S. Court of Appeals for the Second Circuit.
Mr. Kini is admitted to practice in the District of Columbia and New York.Education
J.D., Columbia University School of Law, 1992
B.A., Colgate University, 1985 (magna cum laude)
While at Columbia University School of Law, Mr. Kini was a Harlan Fiske Stone Scholar and a John M. Olin Fellow in law and economics. He also served as Managing Editor of the Columbia Law Review.
Ms. Kristina Kneip is the Chief Compliance Officer and Vice President for the J.E. Robert Company, Inc., (“JER”). JER is registered with the SEC as an investment adviser with approximately $ 3.6 billion in AUM and 200 employees in offices around the world.[1] JER provides investment advice on real estate and real estate related investments through the management of private real estate funds, joint ventures and a public REIT, JRT that is traded on the NYSE.
Prior to joining JER, Ms. Kneip was a senior principal consultant at ACA Compliance Group. During her four years as a consultant, she was responsible for consulting on a variety of securities related regulatory matters with investment advisers, hedge funds managers, private equity fund managers and regarding anti-money laundering procedures for transfer agents and mutual funds.
Before joining the private sector, Ms. Kneip served as a securities regulator for 6 years, starting out, in 1998, as an enforcement attorney for the Washington State Securities Division, and then, in 2000, moving on to the SEC’s Office of Compliance Inspections and Examinations as a Staff Attorney. Ms. Kneip returned to the Washington State Securities Division, in 2001, as the Chief of Examinations and Inspections. During her time as a state regulator she served on a variety of NASAA project groups, including Chairperson of Investment Adviser Regulatory Policy and Review group. Prior to becoming a regulator Ms. Kneip was a financial consultant with Merrill Lynch and later practiced law, with a focus on business formation and taxation.
She often speaks to industry, investors and regulators regarding securities regulation, including serving as a panelist for state regulators at the SEC Hedge Fund Roundtable. Ms. Kneip holds a BA in Business Administration, from the University of Washington. She graduated cum laude from the Gonzaga University School of Law earning her Juris Doctorate, in 1994 and was awarded an LL.M in Corporate Finance and Banking, from the London School of Economics, in 1995.
[1] Offices in McLean, Virginia, New York City, Cheshire, CT, Dallas, TX, Chicago, Illinois, San Francisco, CA, Los Angeles, California, Mexico City, Mexico, Sao Palo, Brazil, London, England, and Moscow and St. Petersburg, Russia (Joint Venture Offices)
Mr. Paul M. Miller is a partner within the Investment Management Group at Seward & Kissel LLP. His practice focuses primarily on registered investment companies, registered investment advisers and broker-dealers. He has worked extensively on the full range of matters affecting registered investment advisers, including their formation, their registration with the Securities and Exchange Commission under the Investment Advisers Act of 1940, their participation in managed account and wrap programs and their ongoing regulatory reporting and compliance obligations. Mr. Miller has also worked extensively on the full range of matters affecting mutual funds, including their formation, their registration with the Securities and Exchange Commission under the Investment Company Act of 1940, their service provider arrangements with investment advisers, distributors, transfer agents and custodians and their ongoing regulatory reporting and compliance obligations. He has advised investment companies and investment advisers on matters relating to their periodic examination by the staff of the Securities and Exchange Commission. He has advised broker-dealers on their ongoing regulatory and compliance obligations and on brokering deposit products and deposit account sweep products.
Mr. Miller is co-author of several published articles, including “Compliance Monitoring and Testing,” Investment Adviser Association Newsletter, February 2008; “Complying with State Gaming Regulations,” Investment Adviser Association Newsletter, March 2006; “The New Mutual Fund Redemption Fee Rule,” The Journal of Investment Compliance, Summer 2005; “Disclosure of Market Timing, Fair Value Pricing, and Selective Disclosure Policies,” The Investment Lawyer, August 2004; and “Compliance Programs of Registered Investment Advisers and Investment Companies,” The Review of Securities and Commodities Regulation, February 2004.
Paul received a B.S. degree in Business Administration from the University of North Carolina at Chapel Hill (Kenan-Flagler Business School) in 1994 and a J.D. degree, cum laude, from the College of Law at Syracuse University in 1998. Mr. Miller is a member of the bars of Washington D.C. and Virginia. He is also a member of the Federal Bar Association and the Virginia Bar Association.
Mr. Steven M. Mullooly is the Chief Compliance Officer for Schafer Cullen Capital Management, Inc. and Cullen Capital Management, LLC. Mr. Mullooly has 18 years compliance experience with, among other things, Separately Managed Accounts, Investment Advisory, Mutual Funds, Hedge Funds and Alternative Investments. Prior to joining Schafer Cullen, he served as the Chief Compliance Officer for Ladenburg Thalmann & Co. Inc., a New York City based investment bank, broker dealer and registered investment advisor and managed the compliance effort for the private client groups at Morgan Stanley and Co. Inc. and Donaldson Lufkin & Jenrette / Credit Suisse First Boston. He received his BS in Business and Economics from NYIT in 1987.
Marianne O’Doherty is the Chief Compliance Officer at Smith Breeden Associates, Inc. Smith Breeden is a fixed income asset manager with $33 billion in assets under management which invests primarily in mortgage and asset backed securities. Prior to joining Smith Breeden, Ms. O'Doherty was Vice President and Assistant General Counsel of The Hartford Financial Services Company, Inc. where she was lawyer for the Investment Products Division of Hartford Life Insurance Company. She graduated from Santa Clara University with a Bachelor of Science in Political Science and received her Juris Doctor from Georgetown University Law Center. She is a member of the bar in the Commonwealth of Virginia, the District of Columbia and Connecticut.
Ms. Margaret Paradis is a Partner in Baker & McKenzie LLP's North American Corporate & Securities Practice Group in the New York office. Ms. Paradis is an investment fund and asset management attorney, focusing her practice on product development for the U.S. and global markets and compliance for investment advisers. She has extensive experience counseling investment advisers on the securities laws applicable to public and private investment funds and advisory activities. She has advised on the range of securities issues involved in the ongoing operations of an advisory firm, as well as product development with a focus on funds, separate account management, and wrap programs.
Ms. Paradis has counseled managers on the securities issues involved in structuring a wide variety of funds, other collective vehicles, related marketing efforts, and distribution arrangements in the institutional and retail markets. She has extensive knowledge pertaining to the Investment Advisers Act of 1940 and the Investment Company Act of 1940. She has experience in advising on the legal issues posed by the evolving mix of advisory and brokerage services offered by financial firms, new options for online advisory services and client reporting, as well as evolving regulatory requirements such as anti-money laundering and privacy. Her clients have included investment advisers, fund sponsors, banks, insurance companies, broker-dealers, trustees, custodians and institutional investors.
In addition to her experience in private practice, she has several years of experience in-house with asset management businesses in global financial organizations.
Publications, Presentations and Articles
Ms. Paradis is a frequent author of papers and speaker at conferences on asset management regulation.
Ms. Paradis is a member of the American College of Investment Counsel and a member of the New York City Bar Associations Committee on Foreign and Comparative Law and Committee on Private Investment Funds.
Mr. Mark Polemeni joined Alexandra Investment Management in 2005 as Chief Legal Officer and Chief Compliance Officer. Mr. Polemeni oversees all of the firm’s legal, regulatory and compliance matters. Prior to joining Alexandra, Mr. Polemeni was a partner in the Corporate and Securities Group of Epstein Becker and Green, P.C.’s New York Office. He is a member of the New York State Bar Association’s Committee on Securities Regulation, as well as the Hedge Fund Advisory Committee (HFAC) of the Managed Funds Association (MFA). Mr. Polemeni is currently serving as a Steering Committee Member for the MFA’s Chief Compliance Officer Forum, and is an editor of the MFA’s 2007 Sound Practices for Hedge Fund Managers. He was named by his industry peers as one of the “20 Rising Stars of Compliance” throughout the United States and the United Kingdom (published in the 2007 Edition of Institutional Investor News). Mr. Polemeni is a frequent speaker at industry events and is often quoted in industry publications. He received his B.A. from Georgetown University in 1988 and his J.D. from Georgetown University Law Center in 1991.
Mr. Nicholas J. Prokos is a Managing Director who joined ACA Compliance Group in October 2002 to enhance ACAs investment company, hedge fund and anti-money laundering compliance consulting services. He brings to ACAs clients his regulatory experience from the Securities and Exchange Commission and as an industry consultant with PricewaterhouseCoopers. Nick graduated cum laude from St. Johns University, New York, with a B.S. in Finance in 1996 and where he subsequently received his MBA in 1999.
Mr. Prokos began his compliance career in July of 1996 as a Securities Compliance Examiner at the SECs Northeast Regional Office in New York City. He was hired under the federal government's Outstanding Scholar Program and was promoted to Staff Accountant in 1999. While working at the SEC, he was primarily involved with the examination of investment companies, variable insurance products, and business development companies, several of which resulted in referrals to the SECs Division of Enforcement. As a result of his work on some of these cases, Mr. Prokos was nominated for the SEC's Examination Award of Excellence. He also was involved with certain SEC focus or sweep examinations involving soft-dollars, cross transactions and 12b-1 fees.
Prior to joining ACA, Mr. Prokos spent two and a half years as a Principal Consultant in the Investment Management Regulatory practice at PwC in New York, where he performed engagements under former PwC Partner, current SEC Commissioner Paul S. Atkins. His experience at PwC includes a variety of engagements in the areas of compliance and risk management consulting for the investment management, banking and insurance industry.
Barry W. Rashkover is a partner at Sidley Austin LLP. His practice focuses on representing institutions and individuals in federal securities investigations and litigation, including matters with the SEC, FINRA, NYSE and other regulators. Until June 2004, Mr. Rashkover was a senior official in the Enforcement Division of the SEC where, among other positions, he served as Co-Head of Enforcement and Associate Regional Director for the SEC's Northeast Region. At Sidley, Mr. Rashkover's matters have involved asset-backed securities, hedge fund trading, information barriers and alleged insider trading, alleged stock manipulation, SEC Regulation SHO and other short-sale issues, broker-dealer trade execution, broker-dealer regulatory reporting and operational issues, accountant liability, alleged mutual fund and broker-dealer conflicts of interest, and financial reporting by public companies. Mr. Rashkover also defends clients in parallel class actions and criminal investigations, represents clients in regulatory "sweep" inquiries and examinations, counsels regulated entities on securities compliance, and conducts internal investigations.
At the SEC, Mr. Rashkover headed some of the agency's most important enforcement matters, including enforcement actions against NYSE specialist firms for unlawful proprietary trading (resulting in a $240 million global settlement); fraud cases involving Adelphia Communications Corp. and Computer Associates International, Inc.; cases arising out of improper proprietary trading by NYSE floor brokers; insider trading cases such as SEC v. Samuel Waksal and SEC v. Martha Stewart and Peter Bacanovic; and federal court cases halting ongoing fraud, including SEC v. The Bennett Funding Group, Inc., which involved one of the largest securities "Ponzi" schemes to date. In 1999, Mr. Rashkover received the SECs Stanley Sporkin Award for outstanding contributions to the agencys enforcement program.
Mr. Rashkover is a frequent speaker and writer on SEC enforcement and related issues. He is an adjunct professor at Fordham Law School, where he teaches a course on insider trading and other securities fraud issues. He has participated in recent programs concerning SEC enforcement and litigation sponsored by the New York City Bar Association, American Conference Institute, Directors Roundtable, Glasser LegalWorks, PLI, Legal IQ, SEC and Department of Justice, among others.
Mr. Brian Rubin works at Sutherland Asbill & Brennan LLP and represents companies and individuals being examined, investigated and prosecuted by the Securities and Exchange Commission, the Financial Industry Regulatory Authority (FINRA) and states. He also advises broker-dealers and investment advisers on federal and state regulatory and compliance matters. Mr. Rubin successfully defended a firm and its president in a trial and an appeal brought by the SEC involving Class B share mutual funds. He also tried a precedent-setting case against the SEC regarding Regulation S-P.
In 2007, Mr. Rubin was recognized in The Best Lawyers in America. He also won the 2006 Burton Award for Legal Achievement for co-authoring "The House That the Regulators Built: An Analysis of Whether Respondents Should Litigate Against NASD," published in BNA's Securities Regulation & Litigation Report. He is a member of the Board of Advisors of the Securities and Exchange Commission Historical Society.
Prior to joining Sutherland, Mr. Rubin was the Deputy Chief Counsel with the NASD's Enforcement Department, where he managed attorneys and examiners in the Washington, DC, home office and in the district offices. In September 2002, he received the prestigious Excellence in Service Award for outstanding commitment and superior performance in support of the NASD. He also received the NASD President's Award for outstanding performance and dedicated service. Previously, Mr. Rubin was Senior Counsel in the SEC's Division of Enforcement, where he investigated and prosecuted violations of federal securities laws.
Mr. Rubin has spoken at numerous securities conferences, including those sponsored by the SEC, NASD's Advertising Regulation Department, NASD's Office of Hearing Officers, the NASD Institute, the Securities Industry Association, the American Law Institute-American Bar Association, the Financial Services Institute, and the National Association for Variable Annuities. He also regularly writes articles for legal and compliance publications. He is a member of the Editorial Board of the Journal of Securities Law, Regulation & Compliance. In addition, Mr. Rubin is a member of the Editorial Advisory Board of Practical Compliance and Risk Management for the Securities Industry.
Mr. Rubin has a B.S. from the Wharton School, University of Pennsylvania, as well as an M.A. in Economics and a J.D. from Duke University.
Mr. W. Douglas Schrank joined Para Advisors LLC as the head trader in April 2004. His responsibilities include trading the firm’s equity, derivative, and debt positions while providing market analysis and information. Prior to joining Para, Mr. Schrank was a trader in the Goldman Sachs Principal Strategies Group, a multi-strategy proprietary trading desk. Before that, he made markets on the biotechnology desk and traded on the listed healthcare block desk at Goldman Sachs. Mr. Schrank received a B.A. from Colgate University
Mr. Barry Schwartz is a founding partner of ACA Compliance Group and is responsible for coordinating and conducting mock inspections of investment advisers, investment companies and hedge funds. Mr. Schwartz also assists ACA clients in responding to SEC deficiency letters, reviewing best execution and trading practices, preparing advertisements that comply with the federal securities laws and developing customized policies and procedures. Mr. Schwartz spearheads ACA's ongoing efforts to help regulated entities make better use of technology to track and mitigate internal and external compliance risks. He is a frequent speaker at industry conferences that focus on compliance issues.
Mr. Schwartz joined the SEC's Office of Compliance Inspections and Examinations in 1998 as a Securities Compliance Examiner and was subsequently promoted to Staff Accountant. While on the SEC staff, he participated in over 90 examinations of investment advisers, investment companies, and transfer agents and subsequently referred four registered investment advisers and investment companies to the SEC's Division of Enforcement for further investigation. In addition, he lectured at the SEC's annual training seminar for new inspection staff. For his efforts to help prepare the industry for Y2K, Mr. Schwartz was awarded the SEC's Examination Award of Excellence. Prior to joining the SEC, he was employed by a prominent Washington, DC registered investment adviser. He graduated cum laude from The American University, Washington, DC , majoring in International Finance with a minor in Spanish Language Studies.
Ms. Marianne K. Smythe is a senior counsel at the Washington, D.C. law firm of Wilmer Cutler Pickering Hale and Dorr LLP. She advises and represents banks, mutual funds and other investment companies and investment advisers on product and regulatory issues. From 1990 to 1993, Ms. Smythe was the Director of the Division of Investment Management of the Securities and Exchange Commission and was Executive Assistant to Chairman Richard C. Breeden. She is a graduate of Bucknell University (B.S.) and the University of North Carolina at Chapel Hill (J.D. 1974, with honors), where she was Articles Editor of the North Carolina Law Review and was elected to the Order of the Coif.
Mr. Lawrence P. Stadulis is a partner in the Investment Management Department at the law firm of Stradley Ronon Stevens & Young LLP, and the partner-in-charge of the firms Washington, D.C. office. He advises clients in matters pertaining to the registration and regulation of investment advisers and investment companies under federal and state securities laws. Mr. Stadulis is a frequent lecturer and author on legal matters pertaining to the investment management industry. He currently is an adjunct professor at Georgetown University Law Center where he co-teaches an advanced course on selected topics in investment management regulation. Mr. Stadulis graduated from Boston College and received his law degree from Boston College Law School.
Mr. Thomas N. Steenburg serves as a Special Consultant to National Compliance Services. He has over thirty years’ experience in the mutual fund, hedge fund and securities industry in both executive and legal/regulatory/compliance capacities. He assumed responsibility as Chief Executive Officer for a $7 billion investment manager, Duff & Phelps Investment Management, after an SEC enforcement action, reviving and resuscitating its business. Mr. Steenburg also served as head of the institutional line of business of Phoenix Investment Partners, Ltd., an $80 billion asset management conglomerate listed on the NYSE.
Mr. Steenburg’s primary experience lies in the legal and regulatory world. He served as General Counsel and Chief Compliance Officer for Phoenix Investment Partners, Ltd. and led the firm’s acquisition team through eleven mergers, lift outs and acquisitions. He served as inside counsel to nine fund complexes managing over $30 billion in assets in a diverse array of asset classes. Mr. Steenburg also was President of an affiliated broker-dealer that conducted an institutional trading business and was General Counsel to the affiliated companies’ mutual fund distributor. He also oversaw the integration of operations and systems among the Phoenix affiliates.
Most recently Mr. Steenburg has consulted for various asset managers and broker-dealers, conducting risk analyses, evaluating control systems and structuring policies and procedures for hedge fund advisers and broker-dealers. He has also served as an expert witness in several proceedings, including an engagement on behalf of the SEC.
Mr. Steenburg received his bachelor’s degree in economics from Harvard College and his law degree from the University of Connecticut School of Law. He is admitted to practice in New York and Connecticut and before the U.S. Tax Court. Mr. Steenburg has lectured at professional conferences and is the co-author of Monitoring Hedge Fund Investments: What’s a Good Fiduciary to Do in the Benefits Law Journal (Summer 2007).
Mr. Stevens brings more than 25 years of experience in both the mutual fund and bank trust industries to Beacon Hill Fund Services. His career includes 13 years at BISYS and 15 years at AmSouth Bank, where he managed the bank’s proprietary mutual fund program. At BISYS he did extensive work around the implementation of the Gramm-Leach-Bliley Act requirements, particularly in the areas of privacy and the organization and registration of bank-related investment advisers. He participated in BISYS CCO Services Group, creating and implementing investment company compliance programs and is experienced in all aspects of mutual fund compliance. He holds a J. D. degree from Tulane University.
Mr. Robert L. Stype is a founder and the Managing Partner of ACA Compliance Group. He provides regulatory and compliance consulting services to private funds, investment advisers and investment companies. Mr. Stype works with investment management organizations on various aspects of their compliance programs, including performing risk management reviews and mock inspections. Additionally, he is an active speaker at industry conferences, and periodically authors compliance related articles for industry journals and periodicals.
Prior to ACA, Mr. Stype worked for eight years at the SECs Office of Compliance Inspections and Examinations. During his tenure at the SEC (1994 2002), he conducted examinations of investment advisers and investment companies. In May of 2000 he was promoted to Branch Chief and was responsible for managing a team of five examiners. Mr. Stype also performed extensive work on several key SEC projects relating to soft dollars and performance advertising.
In December 1999, Mr. Stype received the Examination Award of Excellence from the SEC. This award is given annually to the examiner who contributes the most in the way of dedication, integrity, and performance to the SEC's examination program. He graduated summa cum laude from Clarion University of Pennsylvania in 1993 with a B.B.A. in Finance.
Mr. Jeff Tarumianz is the Managing Director at Beacon Verification Services, a division of ACA Compliance Group. In addition to serving as manager on both initial and ongoing verifications, he serves on several internal committees including marketing, recruiting and interpretations. Mr. Tarumianz is also heavily involved in speaking engagements promulgating the Global Investment Performance Standards.
His previous work experience provides for a strong background in performance measurement as well as investment management. Prior to founding Beacon Verification Services, he was the point of contact for all AIMR-PPS and GIPS compliance issues for over 400 clients in his position as Product Manager at Investment Scorecard, Inc., a performance reporting firm. Prior to that, Mr. Tarumianz began his career working in the Trust Investments department at SunTrust Bank where he served as a portfolio manager and performance analyst.
Mr. Tarumianz received his CFA charter in 2000, his CIPM certificate in 2007, and holds a B.A. in Economics from Washington and Lee University. He is a member of the CFA Institute, the Chattanooga Society of Financial Analysts, and an Advisory Board member at the University of Tennessee (Chattanooga) College of Business.