Yes, they may be naive, however if they spread out their investments over various funds, various asset classes, some do just fine. That doesn't mean they won't get taken. The complaint's focal point is regarding high water mark, disclosure, and the ability to generate an incentive fee with proper disclosure of beating the high water mark. The trades itself weren't fraudulent, but the SEC will claim they were based on her intentional desire to generate the incentive fees without the proper disclosure of the risks involved.
The trades were done SPECIFICALLY in a way to cover up the scam which is precisely why each trade required her approval before execution. The trades were absolutely fraudulent. The women worked as an accountant in the limestone business. She knew she was not qualified to run this fund. But she also knew she could manipulate the accounting. I honestly believe she attended one of the many seminars typical ETers attend or read some book about easy money selling premo and was intelligent enough to think she could make it work. Upon realizing what most of us already know, that it doesn't work that easy, she manipulated her trades. I do not believe she set out to do this from the beginning. I think once she realized that you can't simply make free money selling premo, there was no way out for her.
