On May 8th local time, Tesla (TSLA. US) opened with a drop of over 4% and closed down 1.74% at $174.72, with a total market value of $557.22 billion.
According to a report by Caixin News Agency, several insiders were quoted by the media as saying that prosecutors from the US Department of Justice are investigating whether Tesla misled consumers and investors in promoting Autopilot and FSD, thereby constituting telecommunications or securities fraud.
It is worth noting that the US Department of Justice's investigation into Tesla is not news. As early as last October's financial report, Tesla disclosed that the company had received a subpoena from the US Department of Justice requesting documents related to Autopilot and FSD.
According to insiders, the US Department of Justice is currently in the stage of studying the next steps, partly because prosecutors are screening a large number of documents provided by Tesla in response to the subpoena. So currently, the US Department of Justice is far from deciding on the direction of subsequent investigations, with potential outcomes including filing criminal charges, initiating civil sanctions, or simply failing to resolve them.
In this investigation, the focus will be on whether Tesla and CEO Musk's promotion has crossed the legal red line. Investigators are studying whether Tesla is suspected of misleading consumers, thereby constituting telecommunications fraud; Deceiving investors may constitute securities fraud.
According to the China Fund News, Musk has been claiming that Tesla's auto drive system has almost reached the goal of fully automatic driving since 10 years ago. At present, even the most expensive FSD system, Tesla is still an auxiliary system that requires drivers to put their hands on the steering wheel and keep an eye on the road conditions.
But many Tesla enthusiasts firmly believe that Musk's lofty ideals have come true, only limited by outdated laws. They often perform to their relatives and friends to let go of Tesla's autonomous driving, sleep in the car, play with their phones, use electric power, and even make videos to show off. These poor driving behaviors have caused many accidents and have also prompted US authorities to intervene, demanding stronger monitoring of drivers' attention to road conditions.
In recent months, safety regulatory agencies and courts have raised concerns that corporate information about autonomous driving technology, including brands such as Autopilot and Full Self Driving, has brought consumers a false sense of security.
Police records show that in April this year, a Washington State patrol arrested a man suspected of vehicle homicide. Previously, the Tesla he was driving collided and killed a motorcycle rider while using an autopilot. In a possible cause statement, a mounted police officer cited the driver as "admitting that his attention was not focused while driving in autonomous mode... believing that the machine would drive for him.".
According to insiders, the US Department of Justice is well aware that taking legal action against Tesla requires breaking through a series of legal barriers, so it is also acting cautiously.
If fraud allegations are to be advanced, the US Department of Justice needs to prove that Tesla's promotion of Autopilot and FSD has exceeded the scope of legal promotion and constitutes substantial illegal harm to consumers and investors, knowing it to be a false statement.
But according to the precedents of US courts, companies' boasting and optimistic statements about products do not constitute fraud. Tesla's lawyers have also argued in the 2022 trial that failure to achieve long-term, ambitious goals does not constitute fraud.
This article combines China Fund News and Caixin News Agency