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must you disclose if you're currently under an investigation?

must you disclose if you're currently under an investigation?

if its in progress and no conclusion has been reached as yet?
id think no, as it could turn out to be baseless

AMC says disclose, i think code doesnt say anything

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kinda vague, no?
"instances in which .... the firm HAS BEEN FOUND"
if you are still under investigation, nothing has been found as yet.

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