Hedge Fund Management, Fiduciary Duty, Securities

Specialties & Experience of this Expert Witness

Additional Information

Patrick Kelly provides expert analysis in complex financial matters involving securities and financial services fraud, breach of fiduciary duty, conflicts of interest, valuation disputes, fee disputes, disclosure practices, and regulatory compliance. He is available for case review, merit analysis, consulting, expert report preparation, rebuttal analysis, and testimony. His hedge fund management, financial regulatory, and fiduciary experience, combined with his engineering background, provide a disciplined analytical approach to complex financial matters. He is a Registered Investment Adviser (RIA) representative and former hedge fund founder and manager with experience in suitability, valuation, regulatory compliance, and derivatives. He oversaw all aspects of hedge fund operations, including structuring, governance, offering and disclosure documents, portfolio management, financial reporting, investor communications, and fund winddown. He has successfully completed three routine regulatory examinations, including two National Futures Association (NFA) examinations and one California DFPI examination. Areas of expertise include: • Fiduciary duty, standard of care, and conflicts of interest • Investment fund structure, governance, compliance, and investor reporting • Pooled fund operations, capital account valuation, NAV calculations, and fee allocation • Management fees, incentive allocations, expense allocation, and carried interest • Due diligence and investor suitability standards (Accredited Investor, Qualified Client, and Qualified Eligible Person (QEP) • Offering and disclosure documents, including PPMs, subscription agreements, Form ADV filings, operating agreements, side letters • Regulatory compliance involving NFA, CFTC, and California DFPI requirements • Soft dollars and best execution • Anti-money laundering (AML), know your customer (KYC), and investor onboarding procedures Additional Financial Experience: • Proprietary investment and trading experience across equities, FX, fixed income, options, futures, and commodities • Private credit and lending structures • Employee compensation structures including ESOPs, RSUs, stock options, pensions, and profit-sharing plans Analytical Methodology and Communication: Mr. Kelly's engineering and project management background provides a disciplined, analytical framework for evaluating complex financial, fiduciary, regulatory, and securities-related issues, forming well-supported opinions, and communicating findings clearly in reports, depositions, and testimony. Licenses & Registrations: Registered Investment Adviser (RIA) Representative (California) Series 65 - Uniform Investment Adviser Law Examination Series 3 - National Commodities Futures Examination Former NFA Approved Principal and Associate Member