A recent compliance alert from ACA Compliance Group describes the SEC's initiative to combat fraud in hedge funds, known as the Aberrational Performance Inquiry. The program "aims to identify "abnormal" fund performance, that is, fund performance that is inconsistent with fund strategies and/or benchmarks."
In an attempt to "thwart various illegal practices," the SEC "will pay particular attention to returns consistently greater than three percent of their respective market index."
Source: ACA Compliance Group