An investment adviser has researched a privately held company and is extremely bullish on the company's prospects. She makes a personal investment of $100,000, for which the investment adviser received privately placed common stock with a Rule 144 restriction legend. One year later, the company goes public and the investment adviser, still being very bullish on the company, recommends the purchase of the IPO shares to her clients. Which statement is TRUE about this situation?
The investment adviser has not violated any rules because she is making a recommendation that is consistent with her bullish opinion of the company
The investment adviser has violated with FINRA IPO rule on free riding and withholding
The investment adviser has violated the insider trading prohibition under the Securities Exchange Act of 1934
The investment adviser has created a conflict of interest that must be disclosed to clients who receive the recommendation