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Reading - 2 - LOS a, b: Q11-Q15

11Greg 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)   should send a copy of the report to Dawson for verification before disseminating the report to clients.

B)   must not disseminate the information or use it for trading purposes until the tender offer is announced.

C)   can publish his conclusion in a research report.

D)   can trade in the stock, but must not publish the information until the tender offer is announced.

 

12Randy Wesson is a research analyst for a large brokerage company following the chemical industry. Wesson receives a phone call from his nephew who works part-time in an airport hospitality center for an airline while going to business school. Many meetings take place at the center on any given day. The nephew tells Wesson that while bringing some faxes into a conference room, he overheard executives of Hunt Chemical talking about the likely divestiture of one of their subsidiaries. His nephew wants to know whether that will be good for Hunt. Wesson should:

A)   not use the information.

B)   write a research report describing the possibility of a divestiture, but not mention how he learned about it.

C)   manufacture a reason to upgrade the stock to a "buy" recommendation to protect his nephew's confidentiality.

D)   write a research report describing that he learned about the likely divestiture from his nephew who works at the hospitality center.

 

13Lynne Jennings is a research analyst for a large brokerage company following the chemical industry. While flying through Chicago, Jennings visited her sister who works in the airport hospitality center for an airline. Many meetings take place at the center on any given day. At the center Jennings saw several senior officers who she knows are from the largest and fourth largest chemical companies walk into a conference room. She concluded that negotiations for an acquisition might be taking place. She told her sister this, and her sister asked her not to disclose how she got the information. Jennings should:

A)   write a research report describing that she witnessed the senior officers together in the hospitality center, and must mention in the report that her sister is an employee of the center.

B)   write a research report mentioning the meeting but not disclose how she knew that the meeting occurred.

C)   write a research report describing that she witnessed the senior officers together in the hospitality center, but need not mention in the report that her sister is an employee of the center.

D)   not write a research report disclosing the meeting.

 

14Betsy Fox is an investment advisor who has a client, Don Gordon, who is an employment lawyer. At lunch, Fox noticed Gordon and the Chief Financial Officer of Blue Star Company at the next table. She overhears them talking and ascertains that Blue Star is about to announce higher than expected earnings. Before the earnings release, Gordon contacts Fox and asks her to purchase 3,000 shares for his portfolio. Fox:

A)   must refuse to purchase shares for Gordon.

B)   can only purchase shares for her personal account after informing all of her clients about the potential of the increase in earnings.

C)   can purchase shares for Gordon, but cannot ever purchase shares for her personal account.

D)   must wait until after she purchases the 3,000 shares for Gordon to purchase shares for her personal account, and then must keep the information quiet.

 

15Kim 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)   lacks a reasonable and adequate basis in fact.

B)   is reasonable given the information she was provided by the company.

C)   is allowable but only if quoted verbatim from her conversations with management.

D)   violates the Standard concerning plagiarism.

11Greg 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)   should send a copy of the report to Dawson for verification before disseminating the report to clients.

B)   must not disseminate the information or use it for trading purposes until the tender offer is announced.

C)   can publish his conclusion in a research report.

D)   can trade in the stock, but must not publish the information until the tender offer is announced.

The correct answer was C)     

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.

12Randy Wesson is a research analyst for a large brokerage company following the chemical industry. Wesson receives a phone call from his nephew who works part-time in an airport hospitality center for an airline while going to business school. Many meetings take place at the center on any given day. The nephew tells Wesson that while bringing some faxes into a conference room, he overheard executives of Hunt Chemical talking about the likely divestiture of one of their subsidiaries. His nephew wants to know whether that will be good for Hunt. Wesson should:

A)   not use the information.

B)   write a research report describing the possibility of a divestiture, but not mention how he learned about it.

C)   manufacture a reason to upgrade the stock to a "buy" recommendation to protect his nephew's confidentiality.

D)   write a research report describing that he learned about the likely divestiture from his nephew who works at the hospitality center.

The correct answer was A)

The information is material and nonpublic; therefore, Wesson cannot trade or cause others to trade on the information. Any action concerning the information would violate the Standard on material nonpublic information.

13Lynne Jennings is a research analyst for a large brokerage company following the chemical industry. While flying through Chicago, Jennings visited her sister who works in the airport hospitality center for an airline. Many meetings take place at the center on any given day. At the center Jennings saw several senior officers who she knows are from the largest and fourth largest chemical companies walk into a conference room. She concluded that negotiations for an acquisition might be taking place. She told her sister this, and her sister asked her not to disclose how she got the information. Jennings should:

A)   write a research report describing that she witnessed the senior officers together in the hospitality center, and must mention in the report that her sister is an employee of the center.

B)   write a research report mentioning the meeting but not disclose how she knew that the meeting occurred.

C)   write a research report describing that she witnessed the senior officers together in the hospitality center, but need not mention in the report that her sister is an employee of the center.

D)   not write a research report disclosing the meeting.

The correct answer was D)

The information is material and nonpublic, therefore, Jennings cannot trade or cause others to trade.

14Betsy Fox is an investment advisor who has a client, Don Gordon, who is an employment lawyer. At lunch, Fox noticed Gordon and the Chief Financial Officer of Blue Star Company at the next table. She overhears them talking and ascertains that Blue Star is about to announce higher than expected earnings. Before the earnings release, Gordon contacts Fox and asks her to purchase 3,000 shares for his portfolio. Fox:

A)   must refuse to purchase shares for Gordon.

B)   can only purchase shares for her personal account after informing all of her clients about the potential of the increase in earnings.

C)   can purchase shares for Gordon, but cannot ever purchase shares for her personal account.

D)   must wait until after she purchases the 3,000 shares for Gordon to purchase shares for her personal account, and then must keep the information quiet.

The correct answer was A)

According to Standard II(A), Material Nonpublic Information, Fox cannot act or cause others to act on material nonpublic information until the information is made public. The information overheard at lunch was material and nonpublic; therefore, Fox must wait until the information is made public before accepting Gordon’s order.

15Kim 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)   lacks a reasonable and adequate basis in fact.

B)   is reasonable given the information she was provided by the company.

C)   is allowable but only if quoted verbatim from her conversations with management.

D)   violates the Standard concerning plagiarism.

The correct answer was A)

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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