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Form ADV Part 1A Item 11A(2) · Answer type: yn · Item 11 - Disclosure Information
Item 11A(2) asks whether the adviser firm or any supervised person has been charged with any felony in a domestic, foreign, or military court.
A charge represents a formal criminal accusation before conviction. Unlike 11A(1), which covers final dispositions (convictions and accepted pleas), 11A(2) captures pending cases, ongoing prosecutions, and unresolved charges regardless of their ultimate outcome.
The question covers all felony charges regardless of when filed, whether they relate to investment activities, and whether charges are still active. This includes current indictments, informations filed by prosecutors, and cases where charges were filed but later dropped or resulted in acquittal.
Yes
The firm reports that it or a supervised person has been charged with a felony. This disclosure requires detailed reporting of case status, charges filed, courts involved, and current proceedings.
No
The firm reports No under 11A(2). This answer applies only to this question.
11A(2) - Been charged with any felony?
This checkbox appears in Item 11A, "Criminal Actions," parallel to the conviction question in 11A(1) but covering charges rather than final outcomes.
What 11A(2) does not reveal is the strength of the prosecution's case, likelihood of conviction, or expected timeline for resolution. Charges can range from strong cases likely to result in conviction to weak cases filed for tactical reasons. The mere existence of charges does not establish guilt or predict outcomes.
Yes
Check whether charged individuals still work at the firm and what roles they hold. Look for any restrictions the firm has placed on charged personnel or enhanced oversight procedures implemented during pending proceedings.
No
The firm reports No under 11A(2). Review the other Item 11 rows separately because each question has its own scope.