Misrepresentation VS Performance presentation

how can you separate misrepresentation(1C) of perfomance from performance presentation(3D)?

Misrepresentation applies to more than just clients. Performance presentation is just to clients. So you could have a performance presentation violation to a client that would probably also be a violation of misrepresentation. But you could also have a misrepresentation violation to a non-client that wouldn’t violate the performance presentation. As with all ethics…I think.

yes that was my point I mean if you have a client to whom you present inflated performance- that could be both, so it’s kinda confusing

Do they both have to be knowingly (as in the case of misrep)?

I think so.

bump this: Say i have a prospective client and i say “you’re guaranteed to get 30% next year based on the last 10 years worth of returns!”…this is a violation of misrepresentation and not performance presentation right?

I believe Misrepresentation has more to do with communicating with false/misleading data (e.g “I guarantee X return”), whereas Performance Presentation has more to do with making sure you are presenting all the required data so that the client is well informed (e.g “Let’s not include a benchmark in the presentation”)

that makes sense, thanks

So Is it safe to say that 3D(Performance presentation) might be a subset of 1C(Misrepresentation)?