If we started prosecuting CEOs who don't meet goals/expectations, they'd all be in prison. You have to prove Elon was intentionally lying, which I suspect many on this forum are sympathetic to that view, but in a fair court system that is a difficult standard. You'd have to have emails or some other hard evidence where he acknowledges he knows he's being untruthful. Short of that kind of evidence coming out, they are most likely going after him for political reasons.