If that trade leader has a second brokerage account where he enters the same trades in opposite direction he has no skin in the game. But still a fancy TOS badge. He just needs enough money to play those games.
TOS is only meaningfull after a good period of time and a larger number of trades combined with a solid track record. At least in my book the likelyhood that someone hedges all his trades while he could earn good money from trading is rather small. So it comes down to a “good” track record and TOS is a nice addition. Whatever “good” means for you is of course up to you.