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A CFA charterholder is caught shoplifting and is sentenced to nine months in prison. Is this a violation of Standard I(D) Misconduct?
A)
Yes, because the crime involved stealing.
B)
Yes, because the prison sentence is more than six months.
C)
No, because the crime does not relate to the investment profession.



Any act involving lying, cheating, stealing, or other dishonest conduct that reflects adversely on the charterholder’s professional activities is a violation of Standard I(D). Although the crime did not relate to the investment profession, it certainly reflected adversely on the charterholder professionally.

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An analyst belongs to a nationally recognized charitable organization, which requires dues for membership. The analyst has worked out a deal under which he provides money management advice in lieu of paying dues. While performing services for the organization, the analyst discovers some useful computer programs that his predecessor developed and left as the property of the organization. The analyst decides to use the computer programs in his consulting business. This action is:
A)
a violation of Standard I(D) concerning misconduct.
B)
appropriate since the analyst is technically an employee of the organization.
C)
a violation of Standard III(B) concerning fair dealing.



Since the programs are the property of the organization, the analyst can only use them for the organization. It does not matter whether the analyst is an employee or not. Personal use of the

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Which of the following does NOT violate Standard I(D), Misconduct? Roland Lawson, a financial analyst:
A)
committed perjury in connection with a lawsuit against his firm.
B)
drinks excessively during business meetings with clients and returns to work under the influence of alcohol.
C)
is arrested for participating in a nonviolent protest.



Any professional conduct that involves dishonesty, fraud, or deceit is a violation of Standard I(D), Misconduct. One must refrain from activities that reflect poorly on integrity, reputation, trustworthiness, or professional conduct. The focus of the Standard is on professional, not personal, conduct.

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Nancy Hall, a candidate in the CFA program, is an analyst for a mutual fund. As part of her job she makes company visits to interview executives. On a recent trip she stayed with her sister instead of at a hotel. In her expenses Hall included a hotel charge of $100, which was less than the amount allowed by her employer. After receiving a check for her expenses, Hall disclosed to her supervisor that she had stayed with her sister instead of at a hotel. She also returned the $100 to her employer. According to CFA Institute Standards of Professional Conduct, which of the following statements best describes Hall's professional conduct?
A)
Hall did not engage in professional misconduct because she eventually disclosed this information and returned the $100 to her employer.
B)
Hall did not engage in professional misconduct because she did not meet all of the requirements to use the CFA designation.
C)
Hall engaged in professional misconduct.



Hall engaged in professional misconduct because her act involved dishonesty, fraud, and deceit.

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Hillary Jones, CFA, sometimes promises clients that she will allocate more shares from oversubscribed initial public offerings (IPOs) than she knows she will actually be able to deliver. Her employer has reprimanded her in the past for similar behavior. Which of the following statements is least accurate regarding Jones' behavior?
A)
Her actions are a violation of the standard concerning misrepresentation, because she promised something she knew the firm could not deliver.
B)
Her actions are a violation of the standard concerning professional misconduct because she deceived her clients.
C)
Her actions are a violation of the Standards only if prosecution results in a felony conviction.



Jones violated Standard I(C) Misrepresentation by promising clients she would allocate more shares than she could deliver. Her actions also violated Standard I(D) Misconduct pertaining to acts of dishonesty, fraud, or deceit which reflects adversely on a member's professional reputation, integrity, or competence. She also violated the Code of Ethics which states that members and candidates must act with integrity, competence, diligence, respect, and in an ethical manner with the public, clients, and prospective clients. The specific punishment for the actions is not relevant

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An investment advisor takes a trip for which his firm will pay the expenses. Upon his return he alters some of the numbers on restaurant receipts to inflate the expenses by $64. Is this a violation of Standard I(D)?
A)
No, if such a crime carries less than a one-year prison term.
B)
Yes, because it reflects adversely on the charterholder’s professional reputation.
C)
Yes, because the amount involved is over $50.


Professional conduct involving dishonesty, fraud, or deceit is a direct violation of Standard I(D), Misconduct.

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Nicholas Brynne, CFA, is a fixed-income analyst who trades in mortgage-backed securities (MBS). The MBS industry has seen sweeping regulatory changes since Brynne took his current position, and he now feels his understanding of applicable laws and regulatory standards is dated. Brynne must:
A)
update his understanding of applicable laws and regulatory standards relating to his position.
B)
have all trades reviewed by his compliance department until he has obtained an expert level of knowledge in compliance.
C)
rely on his firm’s policies and procedures for guidance on legal and regulatory standards.



See Standard I(A) "Knowledge of the Law." Brynne should update his understanding of applicable laws and regulatory standards relating to his position, although he is not required to be an expert in compliance. Relying only on firm policies and procedures is not sufficient.

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Michael Bellow, CFA, CAIA, is an investment banker who is involved with an initial public offering (IPO) of NewCo. Because this is Bellow’s first involvement in an IPO, he reports to an experienced supervisor. While reviewing past financial statements provided by NewCo, Bellow suspects that NewCo deliberately overstated its earnings for the past several quarters. Bellow seeks the advice of his firm’s highly competent general counsel and follows the advice given without deviation. Based on the general counsel’s advice, Bellow consults his immediate supervisor about the suspected overstatement of earnings. After reviewing the situation, Bellow’s supervisor explains why NewCo’s calculations of its earnings are correct. Bellow realizes that his inexperience and exuberance initially led him to an incorrect conclusion about NewCo’s earnings.
Which of the following statements about Bellow’s actions involving Standard I(A), Knowledge of the law, and Standard I(C), Misrepresentation, is CORRECT? Bellow:
A)
did not violate either Standard I(A) or Standard I(C).
B)
violated both Standard I(A) and Standard I(C).
C)
violated Standard I(A) but did not violate Standard I(C).



Bellow did not violate Standard I(A), Knowledge of the law, because he sought advice of counsel and followed that advice. Bellow did not violate Standard I(C), Misrepresentation, because he made reasonable and diligent efforts to ensure the accuracy of the information and to avoid any material representation.

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Which of the following statements about the responsibilities of CFA charterholders is CORRECT? CFA charterholders:
A)
are only obligated to comply with securities laws in the U.S.
B)
must comply with the laws and rules governing their profession and must not engage in any individual behavior that reflects adversely on the entire profession.
C)
need not comply with the laws and rules governing their profession or must not engage in any individual behavior that reflects adversely on the entire profession.



CFA charterholders must comply with the laws and rules governing their profession and must not engage in any individual behavior that reflects adversely on the entire profession. While they should act honorably and follow U.S. securities laws, they are obligated to more than that, as set forth in the Code and Standards.

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According to the CFA Institute Standards of Professional Conduct, Standard I(A), Knowledge of the Law, members shall not knowingly participate or assist in any violations of laws, rules, or regulations. An analyst:
A)
is held responsible for participating in illegal acts when the law is evident to anyone knowing the law and is held responsible for violations by others when the analyst is unaware of the facts giving rise to the violation.
B)
is held responsible for participating in illegal acts when the law is evident to anyone knowing the law and can participate in a violation by having knowledge of the violation and taking no action to stop it or disassociate from it.
C)
must report all legal violations to the proper regulatory commission and is held responsible for participating in illegal acts when the law is evident to anyone knowing the law.



If you suspect someone is planning or engaging in illegal activities, you should:
  • Determine the legality of the activities. Consult your supervisor and legal counsel.
  • Take appropriate action. Disassociate, attempt to persuade the perpetrator to stop. CFA Institute does not require you to report them to the authorities, but the law might.

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