"When a hedge fund "blows up", wealthy people are "hurt" by it, not widows and orphans."
That may have been true 10 years ago, but it is not true today. Large institutions, pension funds, and other similiar entities are now trusting their money with hedge funds.
Need I remind you of Nick Leeson. He took out an entire bank on his own because of his unsupervised activities. Did that only hurt the wealthy people? There were a lot of people left unemployed and out of work after Mr. Leeson's activities.
http://en.wikipedia.org/wiki/Nick_Leeson
"They seem to do a good job regulating themselves."
This statement is simply laughable. When has a financial organization ever done a good job at regulating themselves?
When it comes to money, I wouldnt trust anyone with the job of regulating themselves.
"Average people should be protected from excessive risk and fraudulent operators...
but
Rich, sophisticated businessmen and market professionals should have the right to invest in an unregulated space."
The definition of an accredited investor is at least one of the following:
1) earn an individual income of more than $200,000 per year, or a joint income of $300,000, in each of the last two years and expect to reasonably maintain the same level of income.
2) have a net worth exceeding $1 million, either individually or jointly with his or her spouse.
3) be a general partner, executive officer, director or a related combination thereof for the issuer of a security being offered.
Here are some examples of accredited investors by the above definition:
- A wife of a victim from 9/11 who receives $2 million as a settlement from the tragedy.
- A General Motors factory worker who had maxed out his IRA and other investments over the years. Along with his house that is now worth $500,000 (He purchased it for 75000 in the 80s) he is now worth 1.2 million at the age of 60 years old.
- A 23 year old male who inherited 1.1 million dollars from the death of his father.
Clearly, these people are not sophisticated businessmen and/or market professionals.
In fact, the sophisticated businessmen and market professionals do need protection. Do you think Citibank or the San Diego Pension fund would now agree that Amaranth should be an unregulated entity?
When I get on the freeway, its amazing how most people set the cruise control at 55. The State Police have done a great job in making sure those that go over the speed limit are ticketed. In the same way, the SEC should do the same job. Put it into people's heads that if they do wrong with other people's cash that someone is going to get a ticket or go to jail. When hedge fund managers start going to jails then I believe we will see a marked change in attitudes and behavior.