> They are not obligated to be truthful here

more than likely what he meant is their metrics may be non-GAAP.

And the punishment for securities fraud is a slap on the wrist, as Tesla proved with its "going private at $420/share, funding secured" tweet. Who cares about a $40m fine from an increasingly toothless regulator when your investors have already fronted $1.5 billion to settle copyright infringement claims?

https://www.bbc.com/news/articles/c5y4jpg922qo