Compliance
UK’s Financial Regulator Fines GAM, Former Fund Manager

The saga highlighted how rapidly a listed fund management business can be hit by the woes of a flagship fund or set of funds.
The UK’s Financial
Conduct Authority has fined Swiss asset manager GAM
International Management and its former fund manager Timothy
Haywood. The regulator also issued warning notices.
The FCA fined the firm £9.1 million ($12.1 million) and
Haywood £230,037 for conflicts of interest and gifts and
entertainment matters. Haywood formerly headed up GAM’s now
sold-off Absolute Return Bond Fund unit.
As GAM and Haywood agreed to resolve all issues of fact and
liability, they qualified for a 30 per cent discount. The
financial penalties would have been £13 million and £319,044
respectively, had they not agreed to resolve the case, the
financial watchdog said in a statement yesterday.
The FCA published warning statements, numbered 21/5 and 21/6,
about both the firm and Haywood. In GAM’s warning notice, the FCA
said that the firm had “failed to conduct its business with due
care, skill and diligence” between 28 November 2014 and 25
October 2017. This was in breach of principle 2 of the FCA’s
principles for business.
“The FCA considers that GIML failed to ensure that its systems
and controls for the identification, management and prevention of
conflicts of interest operated effectively during this period,”
it said. Between 20 October 2016 and 8 March 2018, GIML breached
principle 8 by failing to manage conflicts of interest fairly
between itself and its customers and different customers, the
regulator said.
In Haywood’s notice, the watchdog said: “The FCA considers that
between 20 October 2016 and 3 November 2017, Mr Haywood breached
statement of principle 7. When performing an accountable
significant-influence function at GAM International Management
Limited, he failed to take reasonable steps to ensure that the
business of the firm for which he was responsible, complied with
the relevant regulatory rules requiring that conflicts of
interest were managed fairly. This breach arose from two
investments made by the GIML Absolute Return and Long-Only team
during this period.”
The
Swiss firm has been continuing to recover this
year, announcing in August that its group assets under
management rose to SFr126.0 billion ($139.4 billion) as of 30
June, up from SFr122.0 billion at the end of last year.
“We fully accept the findings of the FCA and acknowledge the
conflicts of interest shortcomings which occurred at the firm
between late 2014 and early 2018,” Peter Sanderson, GAM’s chief
executive, said in a statement. “Since then we have significantly
strengthened our senior management team, governance, control
frameworks, policies and training to ensure that all lessons
learned from that period are fully embedded into our firm and
culture.”
“Our priority has always been, and remains, protecting the best
interests of our clients. I am pleased that, after the ARBF funds
were put into liquidation in 2018, we were able to return on
average, more than 100 per cent of their value to our
clients. With all regulatory matters now concluded, we are
looking forward and are focused on our strategy of bringing GAM
back to growth,” Sanderson added.
Exodus
Following Haywood’s dismissal in 2018, investors fled
his Absolute Return Bond Fund. Haywood was later
dismissed by the firm for misconduct. His dismissal sent GAM's
shares tumbling and as the asset manager struggled to contain
heavy outflows of client money, GAM Holding chief executive Alex
Friedman, who had been a senior figure at UBS, resigned. The
story highlighted how rapidly a listed fund management
business can be hit by the woes of a flagship fund or set of
funds.
"I am truly sorry for the mistakes that I have made and I have
learnt a series of very important lessons," Haywood said in a
statement this week. "I now look forward to returning to an
active role in the industry and will make my plans public in due
course."
The saga revolved around Haywood’s buying illiquid debt
linked to UK metals tycoon Sanjeev Gupta and Australian
financier Lex Greensill, the now disgraced Australian
financier. Greensill's supply chain finance business collapsed in
2021, hitting funds managed by groups such as Credit Suisse.