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    • africa once represented a lucrative new market for a giant new york hedge fund. more than a decade later, the hedge fund, capital management, and its founder, daniel och, are paying the price for what the united states government has charged were more than $100 million in bribes paid to government officials in libya, chad, niger, guinea and the democratic republic of congo to secure natural resources deals and other investments. oz africa management, a unit of pleaded guilty in federal district court in brooklyn on thursday to one count of conspiracy — an unusual violation for a hedge fund of a federal law aimed at preventing bribery of foreign officials. mr. och, who is also chief executive of agreed to pay $2. 2 million to settle a violation with the securities and exchange commission. joel m. frank, ’s chief financial officer, also agreed to settle charges that executives ignored red flags. and itself will pay a $413 million fine as part of a agreement to settle both the criminal and civil charges. the settlement is one of the biggest criminal penalties levied on a united states hedge fund firm, dealing a blow to as it works to stem withdrawals from its investors, which include state pension funds, endowments and foundations. the court filings by federal prosecutors in brooklyn and securities regulators lay out a complex and elaborate tale of clandestine meetings and dealings with officials in the regimes of muammar in libya and president robert mugabe in zimbabwe. in one instance, knowingly invested in a libyan development project in which some members of the qaddafi family had a financial interest. “senior executives cannot turn a blind eye to the acts of their employees or agents when they became aware of suspicious transactions with partners in foreign countries,” said andrew ceresney, director of the s. e. c. ’s division of enforcement. the settlement caps a nearly investigation by the justice department, the s. e. c. and overseas financial regulators that last month ensnared the son of a former prime minister of gabon. but it still leaves the door open for action against others who once worked for prosecutors said. michael l. cohen, who led ’s investments in africa, is referred to in court filings without his name being used. mr. cohen left the firm in 2013. he was also an officer in africa management ltd. a joint venture set up by to secure african resource contracts. mr. cohen worked closely at with a former associate, vanja baros, who is also referred to in court filings from prosecutors but is not named. a representative for mr. baros declined to comment on thursday. ronald g. white, mr. cohen’s lawyer, said his client had “an unblemished reputation built over the course of a career spent creating value for ’s investors,” adding that he had “done nothing wrong. ” mr. frank also declined to comment. the settlement focuses attention on one of the biggest and hedge funds and one of the few publicly traded firms in the opaque $3 trillion hedge fund universe. “this has been a deeply disappointing episode,” mr. och said in an emailed statement, adding: “this conduct is inconsistent with our core values and not representative of our hundreds of employees worldwide, who are dedicated to serving our clients with the utmost integrity. we have learned from this experience and taken significant steps to strengthen . ” between 2007 and 2011, pushed ahead with deals even though some within the firm raised questions about whom it was dealing with in africa, according to the government. the s. e. c. for instance, said in its administrative order that mr. och and mr. frank “were aware of corruption accusations” against one partner it was working with in congo. but the s. e. c. added that neither mr. och nor mr. frank knew that bribes would be paid. in another instance, an unidentified employee at emailed mr. och to describe an important meeting with libyan officials, including one of qaddafi’s sons, in vienna in 2007. “meetings are amazing,” the employee wrote. “they have 77 billion, half in cash and no idea who to give it to,” referring to the libyan investment authority, the country’s sovereign wealth fund. when mr. och later inquired about progress, the employee replied: “i thought you were against it so i haven’t pursued it,” adding that ’s libyan fixer wanted to follow up. “you o. k. with that?” the employee asked. mr. och replied, “i will be o. k. will call you. ” first disclosed the justice department’s investigation in 2014. earlier this year, the firm said it was nearing a settlement with the government, setting aside $200 million for a penalty. in august, federal investigators arrested samuel mebiame, a gabonese consultant and son of a former prime minister, on charges that he routinely paid bribes to officials to secure mineral concessions in niger, guinea and chad on behalf of and its partners in a joint venture called africa management ltd. the joint venture was seen as a new source of returns for . a global commodities boom was just starting to fade when the venture was created in 2008, but africa management ltd. had big ambitions to acquire assets like exploratory mining and energy concessions. in a statement at the time, mr. och said, “we look forward to working together to grow our combined venture and create the leading investment management business in the region. ” one week before mr. mebiame’s arrest, said it was setting aside another $200 million as a provision for a penalty. on thursday, executives — including mr. och — committed to put $400 million toward the penalty. the firm faces more challenges ahead. investors have pulled more than $5. 5 billion out of the hedge fund this year. “it hurts ’s reputation,” said erik gordon, a professor at the ross school of business at the university of michigan. “the legal separation of a parent and its subsidiaries might be important in court, but for reputation it is the brand name that counts, and the brand name is in the headlines. ” as part of the settlement, will hire an independent monitor. the criminal charges will be dismissed if the firm complies with the terms of the agreement and does not violate any other laws over the next three years. for the mr. och, the deal with the s. e. c. is an admission of a lack of control and oversight at his firm. like many titans in the hedge fund industry, mr. och began his career at goldman sachs before going on to found his own firm in 1994 with a $100 million investment from the ziff brothers, heirs to a magazine empire. for years a top earner in the hedge fund industry, his net worth is estimated to be $2. 7 billion, according to forbes. he is part of a small group of financial elite who mingle at manhattan society events, contribute to the same charities and gather at the exclusive world economic forum, in davos, switzerland. and once loomed large in the industry. just over a decade after mr. och founded the firm, it became one of the first hedge fund firms to go public, in 2007. with more than $26 billion in assets under management at the time of its public listing, quickly grew to manage as much as $48 billion last year. according to the firm’s revolving credit facility — terms under which the firm can draw from loans — if its assets under management drop below $22 billion for more than two consecutive quarters, could be declared in default. was charged with four counts of bribery, but the charges will ultimately be dismissed if the firm complies with the terms of the agreement. the penalty that faces is not the biggest faced by a hedge for breaking the law. other hedge funds that have faced criminal charges, like steven a. cohen’s sac capital, have been forced to wind down their hedge funds. mr. cohen’s sac paid $1. 2 billion to federal prosecutors as part of an insider trading guilty plea. prosecutors and the s. e. c. filed hundreds of pages of documents. at a hearing thursday afternoon, judge nicholas g. garaufis of the federal district court in brooklyn, noted the extensive nature of the investigation, saying: “i would have you read the charges, but i have dinner plans at 8 p. m. ”
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