DSeid, my issue, I guess, was with the term ‘skirt’. Hedge funds operate primarily under the Securities Act of 1933 (as amended) and the Investment Company Act of 1940 (as amended) - two acts that predate the inception of hedge funds by about a decade (in other words, the Acts weren’t created or funded by hedge funds for the benefit of hedge funds). These acts defined the terms accredited and qualified investor. That said, the U.S.’ largest pension fund, CalPERS, has a sizable investment in alternative investments, of which approximately half goes to hedge funds. They’ve even started a hedge fund incubator to help new managers gain traction. More and more pension plans invest in hedge funds every month, so the ‘little’ man is starting to get some taste.
The term ‘lack of regulation’ is a misnomer - it’s a phrase easily rattled off and understood when speaking to the public. What hedge funds are is secretive - partly because the managers believe that exposing their positions and styles would dilute their performance, and partly because, as a result of regulations, hedge funds cannot advertise. They must screen an investor before they are allowed to speak to the investor about their hedge fund. I cannot tell you the number of managers I’ve spoken to, especially the smaller ones, who would love to get their name out there, but they are very limited to word of mouth advertising, and can do nothing to promote it.
The secrecy does work against the investor, especially smaller investors (among the ranks of qualified or accredited investors) who do not have the resources to look into the history of the funds’ managers. It’s very common for an underperforming manager to close shop and re-open a few months later. Due to the nature of performance fees and high-water marks, this is usually a more profitable option for the manager than trying to make up the shortfall. I work in the industry, and I find it hard to track managers who do this. People with less information at their fingertips will have no clue.
That said, hedge funds provide incredible liquidity to the markets. They do allow people who have more money to risk, but not the knowledge of financial markets, to invest in riskier vehicles. Despite working in the industry and understanding the instruments, I have no business, financially-speaking, investing in complex derivative products. However, Bill Gates can certainly handle the financial risk, and hedge funds are a way for him to pay someone smarter in capital markets to make investment decisions.
Lastly, despite the fact that news of leveraged behemoths investing in high-yield foreign debt (LTCM), energy (Amaranth), and the sub-prime market (Bear Stearns) dominate the news when speaking of hedge funds, the greatest concentration of invested funds are in long/short and market-neutral hedge funds. Both of these are equity styles normally used to lower down-side risk while still taking advantage of rising markets. I will note that non-equity investment strategies have been increasing, and do take up more than 1/2 the market currently (I believe they broke the 50% barrier around 2002), but no single style dominates like the long/short - market neutral combo.