Houston Pension Fund Sues Hedge Fund Manager Highland Capital Management and JPMorgan for Breach of Fiduciary Duty, Alleging Self-Dealing and Conflicts of Interest
Hedge Fund Law Report
In 2006 and 2007, plaintiff Houston Municipal Employees Pension System (HMEPS) invested an aggregate $15 million with hedge fund Highland Crusader Fund, L.P. (Fund). The Fund was sponsored by Highland Capital Management, L.P. (Highland), which also served as the Fund’s investment manager. The Fund’s general partner was defendant Highland Crusader Fund GP, L.P. (General Partner). Defendant J.P. Morgan Investor Services Co. (JPMorgan) provided administrative support to the Fund. The Fund is now in liquidation. In a lawsuit filed in the Delaware Court of Chancery on May 23, 2011, HMEPS generally claims that, during the credit crisis of 2008, the Highland defendants and their principals “looted” the Fund with the assistance of JPMorgan and engaged in self-dealing by selling themselves high-quality assets from the Fund and leaving the Fund with junk assets. HMEPS relies in part on a whistleblower complaint filed by a JPMorgan employee who observed “questionable accounting and management practices” at the Fund. HMEPS claims that Highland, the General Partner and their principals breached their fiduciary duties to the Fund and that JPMorgan aided and abetted that breach. HMEPS is suing derivatively on behalf of the Fund. We summarize HMEPS’ specific allegations and Highland’s recent press release in response.