UK fund manager settles US market-timing case

WASHINGTON — A London-based hedge fund manager and its chief investment officer have agreed to a nearly $18 million settlement resolving U.S. regulators’ allegations that one of its funds defrauded U.S. mutual funds and investors through trading practices such as market-timing.

The Securities and Exchange Commission and Headstart Advisers Ltd. on Monday separately announced a settlement in which the firm neither admitted nor denied allegations covering the period September 1998 through September 2003.

Headstart Fund Ltd., a hedge fund that had been incorporated in the Bahamas and is now defunct, will pay a $17 million penalty to resolve a complaint the SEC brought in April 2008. London-based Headstart Advisers will pay an additional $200,000, and Chief Investment Officer Najy N. Nasser will pay $600,000. The firm and Nasser are also barred from future violations of antifraud provisions of U.S. securities laws.

Headstart Advisers said it was “very pleased” to resolve the case.

The SEC’s complaint alleged the hedge fund had “engaged in fraudulent late trading and deceptive market timing” through quick in-and-out trading to exploit inefficiencies in how fund shares are priced — a practice that can harm long-term investors.

The SEC alleged the hedge fund secured about $198 million in illicit profits through the alleged scheme, at the expense of U.S. mutual funds and their shareholders. Nasser instructed U.S. broker-dealers to direct Headstart’s trading scheme, the complaint alleged.

Headstart, formerly known as Folkes Asset Management, currently manages three hedge funds, as well as a fund of hedge funds that invests in other hedge funds.