Defendant Name: UBS Fund Advisor L.L.C.

Defendant Type: Subsidiary of Public Company

Document Reference: 34-82096

Document Details

Legal Case Name In the Matter of UBS Willow Management L.L.C. and UBS Fund Advisor L.L.C.
Document Name Order Approving Final Accounting and Authorizing Transfer of the Distribution Residual to the United States Treasury
Document Date 16-Nov-2017
Document Format Administrative Proceeding
File Number 3-16909
Allegation Type Investment Advisers/Investment Companies
Document Summary According to the SEC: "IT IS ORDERED that, Respondents shall transmit the $67,606.98 residual balance within ten (10) days of the entry of this Order to the Commission for transfer to the U.S. Treasury."

Disgorgement & Penalty Information

Resolutions
Cease and Desist Order
Censured
Other Compliance Related Undertaking
ORDERED that, Respondents shall transmit the $67,606.98 residual balance within ten (10) days of the entry of this Order to the Commission for transfer to the U.S. Treasury.
Monetary Penalties:

Disgorgement

Individual:     Shared:     $8,223,110.00
Shared with: UBS Willow Management L.L.C.

Civil Penalty

Individual:     Shared:     $3,000,000.00
Shared with: UBS Willow Management L.L.C.

Pre-Judgment Interest

Individual:     Shared:     $1,373,436.74
Shared with: UBS Willow Management L.L.C.

Undertaking in investor losses resulting from the undisclosed change in investment strategy

Individual:     Shared:     $4,903,620.00
Shared with: UBS Willow Management L.L.C.

Related Documents:

33-9964 16-Oct-2015 Administrative Proceeding
Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933, Sections 203(e) and 203(k) of the Investment Advisers Act of 1940, and Sections 9(b) and 9(f) of the Investment Company Act of 1940, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order
On October 16, 2015, the SEC instituted settled administrative and cease-and-desist proceedings against UBS Willow Management L.L.C. and UBS Fund Advisor L.L.C. According to the SEC: "These proceedings arise from UBS Willow Management's misrepresentations and omissions concerning a material change in the investment strategy of UBS Willow Fund L.L.C. (the 'Fund'), a continuously offered, closed-end, registered investment company and UBS Willow Management's only client.... In particular, the Fund's Offering Memorandum ('OM') misrepresented the Fund's investment strategy from fall 2008 to 2012 because UBS Willow Management failed to update it to reflect the change from long credit to short credit." With respect to UBS Fund Advisor L.L.C. the SEC stated: "By allowing UBS Willow Management to deviate from the principal investment strategy without adequate disclosure to the Fund's Board or investors, UBS Fund Advisor failed to reasonably supervise UBS Willow Management."
2015-241 19-Oct-2015 Press Release--Administrative Proceeding
Two UBS Advisory Firms Settle Charges Arising From Failure to Disclose Change in Investment Strategy; Settlement Will Return More than $13 Million to Harmed Investors
On October 19, 2015, the SEC announced a settled administrative proceeding against UBS Fund Advisor L.L.C. and UBS Willow Management L.L.C. According to the SEC, the two advisory firms failed, "to disclose a change in investment strategy by UBS Willow Fund LLC, a closed-end fund they advised."

Other Defendants in Action:

UBS Willow Management L.L.C.