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Jennifer Gates is an individual portfolio manager who only uses mutual funds for her clients; she has therefore never created a portfolio of stocks. She enters an Internet chat room on investments and starts answering questions about investments. She states in the chat room that she has a CFA designation. One woman in particular is interested and questions her about the viability of creating her own stock portfolio. Gates feels that this would be a mistake because she only has $150,000 to invest, and states, "I have experience creating stock portfolios, and it does not make sense to do so with only $150,000." The woman she has chatted with sends her an e-mail and eventually becomes a client of hers. Gates has:
A)
violated the Standards by soliciting business over the Internet.
B)
violated the Standards by misrepresenting her experience.
C)
not violated the Standards.



One cannot misrepresent their experience, even over the Internet.

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Chuck Thomas is the trustee of a trust of which Jill Wyatt is the main beneficiary. Wyatt's husband is the president of a company. In emptying the recycling bin at home, Wyatt finds some papers that lead her to believe that her husband’s company will make a tender offer to acquire another firm. Wyatt takes the information to Thomas, who uses it to purchase shares of the company for the trust, but does not further disclose the information. Thomas has:
A)
not violated any Standards.
B)
violated the Standards concerning material nonpublic information.
C)
violated the Standards concerning loyalty, prudence, and care.



Thomas cannot act or cause others to act on material nonpublic information.

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Steve Jones is a portfolio manager for Gregg Advisors. Gregg has developed a proprietary model that has been thoroughly researched and is known throughout the industry as the Gregg 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. Jones thoroughly understands the model and uses it with all of his clients. Jones is:
A)
not violating the Standards either in purchasing stocks without a thorough research basis or in not disclosing all alterations of the model to clients.
B)
violating the Standards in purchasing stocks without a thorough research basis and in not disclosing all alterations of the model to clients.
C)
violating the Standards in not disclosing all alterations of the model to clients, but not in purchasing stocks without a thorough research basis.



Jones and Gregg are using reasonable judgment in not continually disclosing all of the alterations of the model. It is acceptable to use a pure quantitative model as a sole basis for purchasing stocks, as long as it is thoroughly researched.

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Janine Walker is an individual investment advisor with 200 individual clients. When she first obtains a client, Walker solicits personal data that helps her formulate an investment recommendation, including tax status, income, expenditure needs, and risk tolerance. The Standards:
A)
require updating a client's data only when a material change occurs to the personal data.
B)
only require to update a client's data when a material change is being made to the clients' portfolio.
C)
require Walker to update the data regularly.



According to Standard III(C), Suitability, Members and Candidates must reassess client information and update regularly.

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Sheila Stevens has accepted a one-year gift membership (valued at approximately $225) to the Women’s World Health Club from a firm to which she directs trades. She has done so without notifying her employer. Which of the following statements is least accurate?
A)
This is a violation of the Code and Standards but is less serious than an identical case in which the gift was given by a client of Stevens.
B)
This is a violation of the Code and Standards, because the gift is not a token amount.
C)
This is a violation of the Code and Standards, because it has not been disclosed to her employer.



This action is clearly a violation of Standard I(B), Independence and Objectivity. Accepting a gift from a non-client is a more serious violation than accepting a gift from a client (for which a compensation arrangement would already exist), since the intent is almost certainly to gain influence over future actions of the member (e.g., increased allocation of trades).

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Patricia Hoolihan is an individual investment advisor who uses mutual funds for her clients. She typically chooses funds from a list of 40 funds that she has thoroughly researched. The Burns, a married couple that are a client, asked her to consider the Hawkeye fund for their portfolio. Hoolihan had not previously considered the fund because when she first conducted her research three years ago, Hawkeye was too small to be considered. However, the fund has now grown in value, and cursory research uncovers no fundamental flaws with the fund. She puts the fund in the Burns' portfolio but not in any of her other clients' portfolios. The fund ends up being the best performing fund on her list. Hoolihan has:
A)
violated the Standards by not dealing fairly with clients.
B)
not violated the Standards.
C)
violated the Standards by not having a reasonable and adequate basis for making the recommendation.



Despite the fact the addition of the fund was successful, Hoolihan acted improperly in not conducting the same degree of research as she did for the other funds on her list.

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