Tautachrome Inc (TTCM)

[Tiresias]

To intentionally mislead in order to commit fraud is vastly different from ability. You may for example have an incredible product but management may lack the skills necessary to succeed-there is no law against ineptness in this case Committing a fraud relies upon the ability of the regulator to find an issuer perpetrated a fraud that they knew to be a fraud- in other words actions or deeds or an omission of fact that had the public known to be false may not have resulted in the furtherance of a trade. Opinion is the absence of fact but disclosure rules around the furtherance of a trade are quite clear and caveat emptor cannot be relied upon. It is one thing to trade based on information not required for a pink sheet versus a stock that trades on an exchange (the OTC is not an exchange) and another to rely upon information the issuer knew not to be true. Omission of fact is also important.

Opinion is protected of course and opinion is used by many in public when Jim Cramer for example issues a buy sell or hold recommendation along with the required disclosure as to holdings he ir members of his family may have in a company he is offering such an opinion on.

Sometimes the “we tried our best but failed” is legitimate but trades made around the timing of an issuance of information by the company or the findings of a lawsuit for example are known by insiders but not yet made public-and that information is acted upon.

Intent is key for both parties regarding trading.