Lawsuit Says Carlyle Misled Investors About Risky Bet at Hedge Fund
February 11 2016 - 5:30PM
Dow Jones News
A former portfolio manager at a hedge fund firm owned by Carlyle
Group LP has sued the company, saying the fund's partners misled
investors about the size of a losing bet tied to shipping
rates.
The Carlyle-owned firm, Vermillion Asset Management LLC, wound
down last year after assets in its main fund dwindled from $2
billion to less than $50 million due to steep trading losses and
investor withdrawals, and its co-founders left. Troubles at the
firm were the subject of a front-page article in The Wall Street
Journal in August. The firm has since been relaunched with a new
strategy as Carlyle Commodity Management.
Vermillion's main fund, the Veridian Fund, took a bullish
position in 2012 on derivatives tied to the price of shipping dry
goods, such as grains and iron ore, in cargo ships on the high
seas. The market was showing signs of life after collapsing in the
aftermath of the financial crisis, and the trade made money for the
fund for two years.
But those shipping rates began to plummet in late 2014, losing
two-thirds of their value between November and the following
February. Vermillion's top managers stuck with the bullish bet
through that time, according to the lawsuit and people familiar
with the trade.
In a lawsuit filed Tuesday in federal court in Connecticut, oil
trader Nikhil Dhir said as much as 90% of the fund's capital was
allocated to the trade at times during the period, despite
representations to investors that no more than 30% of assets would
be allocated to any single market. Mr. Dhir also claimed the
investment was illiquid and highly volatile, also contradicting
terms in the fund's marketing materials, according to the suit.
Mr. Dhir said in the suit that he and other managers raised
concerns about the position to the firm's top executives,
Christopher Nygaard and Andrew Gilbert, including at a meeting at
Carlyle's offices in October 2014 with Mr. Gilbert. During the
meeting, the managers said the trade was becoming an "Enron
situation"—in a reference to the Houston energy company that
collapsed in an accounting scandal in 2001—and that the fund
managers were being "crazy and irresponsible" by not implementing
better risk controls, the suit said.
The lawsuit also claims the fund's partners said it would be
better to "ride the position to zero" rather than admitting the
poor trade to clients because investors would withdraw from the
fund.
Messrs. Nygard and Gilbert are named as defendants in the
suit.
A spokesman for Carlyle declined to comment on the specific
allegations in the lawsuit. In a statement, he said: "Transparency,
integrity and our fiduciary duty are the core of our commitment to
our investors and we will vigorously defend ourselves. These
baseless and frivolous claims were filed by a disgruntled former
employee."
The suit said Mr. Nygaard and Mr. Gilbert were fired for
"malfeasance" in June 2015. Neither Mr. Nygaard nor Mr. Gilbert
returned voice-mail messages left on their mobile phones seeking
comment. News of the lawsuit was reported earlier by Bloomberg
News.
In the lawsuit Mr. Dhir said he was fired in January 2015, one
day before the firm was supposed to pay him a bonus for 2014 that
could have amounted to $1.3 million, based on trades in oil markets
that generated profits of $11.5 million. The suit notes Mr. Dhir
filed a claim with the U.S. Department of Labor over the matter
last summer, and the agency made no findings.
The suit is only the latest trouble for Carlyle's shrinking
hedge fund business. Though hedge funds were once part of an effort
for the private-equity shop to diversify beyond buyouts,
Carlyle-owned firms like Claren Road Asset Management have dragged
of late.
On Wednesday, Carlyle reported a fourth-quarter loss and said it
would set aside a $50 million reserve for "ongoing litigation and
contingencies." It didn't detail the reason for the reserve.
Write to Christian Berthelsen at christian.berthelsen@wsj.com
and Rob Copeland at rob.copeland@wsj.com
(END) Dow Jones Newswires
February 11, 2016 17:15 ET (22:15 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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