Comment Re:Only to investors, right? (Score 2) 28
Technically speaking the crime of fraud has three elements: (1) A materially false statement; (2) an intent to deceive the recipient; (3) a reliance upon the false statement by the recipient.
So, if you want to lie to people and want to avoid being charged with fraud, it's actually quite simple. You lie by omission. You distract. You prevaricate (dance around the facts). You encourage people to jump on the bandwagon; you lead them to spurious conclusions. It's so easy to lie without making any materially false statements that anyone who does lie that way when people are going to check up on him is a fool.
Not only is this way of lying *legal*, it happens every time a lawyer makes an closing statement to a jury. It's not a problem because there's an opposing counsel who's professionally trained to spot omissions and lapses of logic and to point them out. But if a lawyer introduces a *false statement of fact* to a trial that's a very serious offense, in fact grounds for disbarrment because that can't be fixed by having an alert opponent.
We have similar standards of truthfullness for advertising and politics because in theory there's competition that's supposed to make up for your dishonesty. In practice that doesn't work very well because there is *nobody* involved (like a judge) who cares about people making sound judgments. But still, any brand that relies on materially false statements is a brand you want to avoid because they don't even measure up to the laxest imaginable standards of honesty.
Now investors have lots of money, so they receive a somehat better class of legal protections than consumers or voters do. There are expectations of dilligence and duties to disclose certain things etc. that can get someone selling investments into trouble. But that's still not as bad as committing *fraud*, which is stupid and therefore gets extra severe punishment.