Im not a lawyer, but I’ve looked into this misunderstanding before and it stems from what constitutes "breaking one’s fiduciary duty to investors. While deliberately acting against the interests of investors is illegal, ive yet to hear of a lawsuit, let alone a successful one, brought by an investor for not making all of the money. Id be interested in hearing an investment oriented lawyers perspective since from what i understand, the full extent of fiduciary duty has not been tested that way in court