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Greg Allen is a security analyst and visits David Dawson, the Chief Financial Officer of Edmonds Company. Dawson reveals a great deal of nonmaterial financial data to Allen, data that Dawson routinely reveals to all security analysts who visit him. From this data and other industry information, Allen conjectures that Edmonds is likely to make a tender offer for another company in the industry, a fact that if true would be considered material to the value of the company. Allen:
A)
must not disseminate the information or use it for trading purposes until the tender offer is announced.
B)
can publish his conclusion in a research report.
C)
should send a copy of the report to Dawson for verification before disseminating the report to clients.



Releasing information to analysts does not constitute a public release of information. Dawson's information should be considered nonpublic until it is released to the public. Allen has used this information, along with other industry information, to come to his conclusion of a pending tender offer which he can use to trade upon based on the mosaic theory.

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Jim Taylor works as a portfolio manager for Rose Capital and also serves as president of the Little League board of directors in his town. He receives no money from Little League, however the local golf club provides him with a free membership for volunteering his time on the Little League board. Taylor's involvement with Little League is in his company biography, but the club membership has not been disclosed to Rose or his clients. Taylor has:
A)
violated the Standards by not disclosing the club membership to Rose, but not by failing to disclose it to clients.
B)
not violated the Standards.
C)
violated the Standards by not disclosing the club membership to Rose and failing to disclose it to clients.



He must disclose any compensation to his employer if it conflicts with his employers/clients interests. However, this relationship does not likely represent any conflict of interest.

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Brenda Simone is a money manager and the Blue Streets Pension Fund is one of her clients. The director of the pension fund calls Simone and asks her to use a particular broker so that the fund can obtain some research services with the soft dollars from that broker. Simone believes that the desired broker will provide the same price and execution as the normal broker that Simone uses. Simone does as the client wishes. Simone has:
A)
not violated the Standards as long as the research provided by the broker will benefit the plan beneficiaries.
B)
not violated the Standards as long as the research provided by the broker will benefit Blue Streets.
C)
violated the Standards.



Simone must ensure that the research benefits the parties to whom she owes fiduciary duty, which are the plan participants.

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Which of the following actions is least likely to prevent the misuse of insider information?
A)
Placing securities on a restricted list when the firm is in possession of material nonpublic information.
B)
Controlling relevant interdepartmental information.
C)
Monitoring all the phone calls made by the brokers.



Standard II(A), Material Nonpublic Information, applies in this situation. Standard II(A) suggests the use of "fire walls" to protect the firm and to conform to the Standards. A fire wall is an information barrier designed to prevent the communication of material nonpublic information between departments of a firm. Although the fire wall system should provide a means to review transactions, it is not feasible to monitor all communications into/out of departments. Placing sensitive securities/firms on "watch, "restricted," or "rumor" lists helps management target monitoring of transactions.

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Scott LaRue is a portfolio manager for Washington Advisors. Washington has developed a proprietary model that has been thoroughly researched and is known throughout the industry as the Washington model. The model is purely quantitative and screens stocks into buy, hold, and sell categories. The basic philosophy of the model is thoroughly explained to clients. The director of research frequently alters the model based on rigorous research—an aspect that is well explained to clients, although the specific alterations are not continually disclosed. Portfolio managers then make specific sector and security holding decisions, purchasing only securities that are indicated as "buys" by the model. La Rue feels the model would be improved by adding some factors but he has not fully tested this new version of the model. LaRue discloses his model to his own clients but not to his supervisor. LaRue is:
A)
violating the Standards by not considering the appropriateness of the recommendations to clients.
B)
not violating the Standards.
C)
violating the Standards by not having a reasonable and adequate basis for his investment recommendation.



The ad hoc model is not part of the formal research process and does not formulate an adequate basis for a recommendation.

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Brenda Clark is an investment advisor. Two years ago Clark decided to stop calculating a return composite because of the time required to make those calculations. A prospective client asks Clark what she thinks her performance would have been over the past two years. Clark:
A)
can answer the question orally but cannot state the numbers in writing.
B)
cannot answer the question, nor can she discuss potential future market returns with the prospective client.
C)
cannot answer the question because it would be misleading.



Any discussion of past performance would imply that Clark had made some calculations, which would be misleading. However, Clark need not calculate historical performance to be an advisor. She can also talk about her view on the future of capital markets.

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While having a conversation with a prospective client, John Henry states that his performance across all of his past clients over the past five years was over 20%, which was 200 basis points higher than his benchmark. He tells the client that while the benchmark may rise or fall over time, his excess performance will remain consistent. Henry violated the Standards of Professional Conduct because:
A)
he cannot discuss prospective future performance in any manner.
B)
the statement of excess performance is misleading with respect to its certainty.
C)
he cannot discuss performance without clearly stating that the composite does not conform to GIPS.




Guaranteeing performance on investments that are inherently volatile is misleading to clients.

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Chuck Daniels has just been hired to manage a security analysis group for Aaron Asset Management. Daniels performed a similar function at another firm and finds the compliance system at Aaron inadequate. He develops a system that he feels is appropriate, but senior management tells him he will have to wait six months to implement the system. Daniels should:
A)
decline in writing to accept supervisory responsibility until a satisfactory compliance system is put into place.
B)
resign his position immediately.
C)
protest in writing the delay, listing the potential dangers that can occur.



According to the Standard on supervisory responsibilities, Daniels should decline in writing to accept supervisory responsibility until a satisfactory compliance system is put into place.

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June Carter passed Level III of the CFA examination in June but will not complete her work experience requirement until August of next year. Carter can state on her resume that she:
A)
will be a CFA charterholder in August of next year as long as she is on track to complete her work experience.
B)
is a CFA in waiting.
C)
passed Levels I, II, and III of the CFA examination.



A candidate cannot use any form of the CFA designation until receiving her charter.

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Kim Lee is a research analyst at Superior Investments and is researching a biotech firm specializing in the analysis of "mad cow" disease. While touring company facilities and meeting with management, she learns that they believe they may have found a way to reverse the disease. Moreover, one manager conjectured, "Suppose that we reversed the disease in someone who didn't even have it? We might then be able to boost that individual's IQ into the stratosphere!" After returning to her office, Lee issues a research report describing the compound as an "IQ booster with huge potential." This statement:
A)
is reasonable given the information she was provided by the company.
B)
lacks a reasonable and adequate basis in fact.
C)
is allowable but only if quoted verbatim from her conversations with management.



Standard V(A) requires that a member have a "reasonable and adequate basis" before making an investment recommendation. Extrapolating on the basis of the conjecture of one member of the management team, without independent corroboration, is clearly in violation of this Standard. She is also in violation of Standard V(B) concerning the use of reasonable judgment regarding what is included or excluded in a communication with a client or prospective client.

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