""The usual hedge fund contract at least protects you from getting whipsawed by a manager who makes money one year, loses it the next and makes it back the third year. The "high-water mark" provision works this way: If the manager gets an incentive fee for taking the fund up X%, he doesn't get additional incentive fees until the fund tops a cumulative X% return. Say the manager doubles a $10 million pot to $20 million, pocketing a $2 million incentive. The next year the $18 million pot shrinks to $10 million. Additional incentive fees are due only to the extent the manager pushes the fund above $20 million.
Sadly for investors, the high-water mark carry has created a flight syndrome among hedge operators. If they have a really bad year they just fold up shop. After suffering heavy losses in 1999 Julian Robertson simply closed up what was left of his $22 billion (peak) Tiger Management hedge fund. It would take years for him to climb out of the hole. Of course if he ever wanted to start fresh with a new management company, there would be no high-water mark.
If you want to know what's wrong with the hedge fund concept, spend some time with John Bogle, founder of the Vanguard Group. He has spent his 50-year career agitating for lower investment costs and so is naturally hostile to things like one-sided incentive fees. But he makes a compelling argument. When you are contemplating the returns you can get from investing this way, he says, don't think about the 456% that this or that manager made in a good year, think about the collective returns from the whole style.
"I think it's inconceivable that you could take $500 billion run by 6,000 different managers and expect these managers to be smarter than the rest of the world," says Bogle. If the overall market is up 10%, he calculates, then hedge fund operators would need a 17% return to beat that--given a 20% carry, a 2% annual fee and taxes. "I don't think that $500 billion has a remote chance of beating 17%," he says.
Here's the beauty of hedge funds for operators, if not investors: Anybody can open one. "Every Tom, Dick and Harry is putting out a shingle," laments Elizabeth Hilpman, a partner in Barlow Partners, a seven-year-old New York hedge fund of funds. "It's become harder to tell the good managers from the bad."
No kidding. Paul Mozer, whose fast-and-loose bond trading landed him a prison term and almost tanked Salomon Brothers, is said to have started a hedge fund. And John Meriwether, a figure of widespread ignominy after Long-Term Capital imploded, has simply launched a new hedge fund, JWM Partners.
Look at some of the charlatans who have invaded the field. The secretive nature of hedge funds makes them enticing vehicles for con artists (see p. 72). For instance, after the SEC suspended him in 1993 ex-Goldman Sachs mortgage trader Michael Smirlock raised $700 million to start three hedge funds. Last December he again fell afoul of the SEC, which sued him for hiding $70 million in losses from his investors.
And then there's the silliness. Here's Bogle again: "I looked up one of the guys from the Worldwide Integrated Equity Selection Fund. He has a million dollars in proprietary capital, and he thinks assets are going to double. He says that while other market-neutral managers are making educated guesses, he analyzes the co-integration of stock prices. I don't know what to do about a fund like that. I don't know what to do about Scion Capital, started by Michael Burry M.D. after leaving his third year of residency in neurology. He started it mostly with his own money, $1.4 million, and he's looking for more. He looks for opportunities to take advantage of illiquidity and inefficient sectors. His technique to manage risk is to buy on the cheap and, if he takes a short position--I hope you're all sitting down for this--it is because he believes the stock will decline."
The obituary list of hedge funds should give pause to anyone imagining that all these contraptions are bound for glory. Bad bets blew a hole in Streisand's fund, BKP Partners, in mid-1998. She was party to a class suit against manager Robert K. Pryt and his onetime $270 million fund, finally striking a settlement for 1% to 2% of investors' initial outlays. Torricelli, the ever-controversial New Jersey Democrat, and his ex-girlfriend Bianca Jagger (Mick's ex-wife) were in the $13 million Porpoise Fund when it went south, also in 1998. Rick Yune, the hot young movie actor (The Fast and the Furious), used to be a Wall Street trader; still, he lost money in three hedge funds and now is out of them entirely.
The unhappy truth is most hedge funds can't deliver on their promise of beating the broader stock market over the long haul. During the last five years (through May 2001), the S&P 500 returned an annual 15%. But 9 of the 10 weight-averaged classes of hedge funds monitored by CSFB Tremont delivered sub-S&P returns, after fees. Over ten years hedge funds look even worse. According to MarHedge, another hedge fund tracker, of its 14 major hedge fund categories only 1, called Global Established Markets, beat the S&P's 18% return from 1990 through the middle of last year, and it did so by a rounding margin.
Even worse news: These system-wide figures are too kind to hedge funds. Their managers have no obligation to report returns to the SEC. This business has no Morningstar or Lipper; hedge fund trackers cover just a portion of the business. If hedge fund operators don't feel like answering a survey during a bad quarter, they don't. In 2000's first quarter 1,068 hedge funds reported to MarHedge, by year-end 160 of them, or 15%, were missing in action. Commodities speculator Victor Niederhoffer reported assets of $125 million to MarHedge in July 1997. In October of that year his position on the Thai baht wiped out his fund. Rather than record a 100% drop in the fund's assets, Niederhoffer simply disappeared from MarHedge's list.
Auditors are no help, either. Unlike those examining corporations and mutual funds, where they work for investors, hedge fund auditors are in the employ of the managers. Whatever independence accounting firms can muster in their corporate work, it stands to reason they have still less with the hedgies. Ernst & Young and Deloitte & Touche both did audit work for scamster Berger. It wasn't their fault, they said; Berger deceived them.
Still, you're thinking, aren't there geniuses out there who could make money for me? Didn't Warren Buffett have a hedge fund back in the 1960s, before he bought control of Berkshire Hathaway? I just have to find the next Warren Buffett.
Good luck. You and several hundred thousand other investors are looking for a few geniuses camouflaged in a crowd of racetrack touts.""
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