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The "NIKOLA ONE IN MOTION (rolling downhill)" video wasn't mentioned in this complaint, but it seems pretty indicative of the deceptive way this company communi

The "NIKOLA ONE IN MOTION (rolling downhill)" video wasn't mentioned in this complaint, but it seems pretty indicative of the deceptive way this company communicated with the public: https://arstechnica.com/cars/2020/09/nikola-admits-prototype-was-rolling-downhill-in-promotional-video/ https://arstechnica.com/cars/2020/09/nikola-admits-prototype...

kotaKat 3y ago
And from the Hindenburg report (https://hindenburgresearch.com/nikola/ https://hindenburgresearch.com/nikola/) "An investigator sent to the exact site used by Nikola for their video tested the hill in an SUV by parking the vehicle at the top, then rolling from neutral. He was able to hit a top speed of 56 mph and rolled for approximately 2.1 miles."
sokoloff 3y ago
The pull quote in that article is fantastic. As part of refuting the Hindenburg claims, Nikola said: "Nikola never stated its truck was driving under its own propulsion in the video."
- duskwuff 3y ago
  "Well technically we said..." is not a disclaimer a company should ever have to use about its own marketing materials.
  - lazide 3y ago
    If ever ‘should’ meant ‘I wish’, it would be here.
HumblyTossed 3y ago
Isn't this just "Fake it until you make it"? I don't personally believe people should do this, but it is a mantra often thrown around.
- hef19898 3y ago
  And it basically is fraud. That fraud is easier to prove if the result is failong and not making it.
- jjeaff 3y ago
  I guess so. But I've never thought this was the true spirit of that phrase. To me, fake it till you make it means to pretend you know what you are doing until you do.
- happytiger 3y ago
  The “fake it till you make it” strategy is more about changing your behavior to project confidence when you don’t feel you should have any or the social situation wouldn’t necessarily support it. This is fundamentally lying to investors when you have a fiduciary responsibility beyond your own enrichment. This isn’t some suggestion either, but law. Obviously we can debate the effectiveness of the law. But generally you are expected to “be square” in your dealings. https://www.nolo.com/legal-encyclopedia/fiduciary-responsibility-corporations.html https://www.nolo.com/legal-encyclopedia/fiduciary-responsibi...
  - lazide 3y ago
    There is solid precedent that it depends on what the definition of ‘is’ is. /s
- rtsil 3y ago
  I take it prosecutors are far more lenient when you're faking a phone UI to always show a full signal or surreptitiously switch to a new phone before the previous one runs out of memory and needs a restart, rather than pretending a 20-ton killing machine can drive itself up a hill.
  - Nextgrid 3y ago
    I think the most important differentiator is who gets fleeced. In the case of the phone, average Joes get stuffed. In Nikola's cases, rich people got stuffed. That's why this gets prosecuted fairly quickly, while corporations regularly committing fraud against consumers remain in business for decades.
sschueller 3y ago
If that was the only evidence of fraud then Elon would have huge problems. Does anyone remember the solar city demo?

kotaKat 3y ago

And from the Hindenburg report (https://hindenburgresearch.com/nikola/ https://hindenburgresearch.com/nikola/) "An investigator sent to the exact site used by Nikola for their video tested the hill in an SUV by parking the vehicle at the top, then rolling from neutral. He was able to hit a top speed of 56 mph and rolled for approximately 2.1 miles."

sokoloff 3y ago

The pull quote in that article is fantastic. As part of refuting the Hindenburg claims, Nikola said: "Nikola never stated its truck was driving under its own propulsion in the video."

duskwuff 3y ago
"Well technically we said..." is not a disclaimer a company should ever have to use about its own marketing materials.
- lazide 3y ago
  If ever ‘should’ meant ‘I wish’, it would be here.

HumblyTossed 3y ago

Isn't this just "Fake it until you make it"? I don't personally believe people should do this, but it is a mantra often thrown around.

hef19898 3y ago
And it basically is fraud. That fraud is easier to prove if the result is failong and not making it.
jjeaff 3y ago
I guess so. But I've never thought this was the true spirit of that phrase. To me, fake it till you make it means to pretend you know what you are doing until you do.
happytiger 3y ago
The “fake it till you make it” strategy is more about changing your behavior to project confidence when you don’t feel you should have any or the social situation wouldn’t necessarily support it. This is fundamentally lying to investors when you have a fiduciary responsibility beyond your own enrichment. This isn’t some suggestion either, but law. Obviously we can debate the effectiveness of the law. But generally you are expected to “be square” in your dealings. https://www.nolo.com/legal-encyclopedia/fiduciary-responsibility-corporations.html https://www.nolo.com/legal-encyclopedia/fiduciary-responsibi...
- lazide 3y ago
  There is solid precedent that it depends on what the definition of ‘is’ is. /s
rtsil 3y ago
I take it prosecutors are far more lenient when you're faking a phone UI to always show a full signal or surreptitiously switch to a new phone before the previous one runs out of memory and needs a restart, rather than pretending a 20-ton killing machine can drive itself up a hill.
- Nextgrid 3y ago
  I think the most important differentiator is who gets fleeced. In the case of the phone, average Joes get stuffed. In Nikola's cases, rich people got stuffed. That's why this gets prosecuted fairly quickly, while corporations regularly committing fraud against consumers remain in business for decades.

sschueller 3y ago

If that was the only evidence of fraud then Elon would have huge problems. Does anyone remember the solar city demo?