...or they lied. You're picking one answer and I'm picking a different one, either are just as likely.
Where does the fine for that cap, though?
Also, anyone who claims that their investment decisions were made based on an adversely impacted by that lie, which could be the bigger danger, because the SEC might let you go with a also in the wrist (maybe not, to, politics and policy considerations here can be hard to anticipate), but investors who recognize that you've made yourself a money piñata won't.
That would be hardcore felony level securities fraud. I highly doubt it.