私募基金投资的“坑”，北京金融法院用“六步审查法”来判断

Core Viewpoint - The case illustrates the risks associated with investing in private equity funds, emphasizing the importance of thorough due diligence by fund managers to ensure investment safety and profitability [1][2][5]. Group 1: Investment Opportunity and Issues - The protagonist, referred to as "Lao Diao," invested in a private equity fund launched by Company E, which promised high returns from a southern expansion project [1]. - Upon maturity, Company E failed to repay the principal and returns, leading Lao Diao to discover significant issues in Company E's due diligence process [1]. - Company E only conducted superficial investigations into the investment targets, neglecting to verify the fulfillment of cooperation agreements between the target company and its downstream partners [1]. Group 2: Legal Recourse and Responsibilities - Lao Diao sought legal advice from Lawyer Yang, who explained that Company E had not fulfilled its duty of care in managing the fund, which is a legal obligation to conduct comprehensive and in-depth investigations [2][5]. - The court determined that Company E had significant lapses in due diligence and ruled that they were liable for 40% of Lao Diao's losses, which included partial principal and interest losses [5]. - Lawyer Yang outlined a "six-step review method" used by courts to assess whether fund managers met their due diligence obligations, which includes evaluating the investigation methods, depth, and whether the results were timely presented to investors [5]. Group 3: Lessons Learned - The case serves as a cautionary tale for investors in private equity funds, highlighting the necessity of selecting reliable fund managers and the potential for legal recourse in case of mismanagement [6]. - It emphasizes the importance of seeking professional legal assistance when facing investment issues, as demonstrated by Lao Diao's eventual recovery of some losses through legal action [6].