[HN Gopher] Nikola founder to be sentenced for federal fraud cha...
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       Nikola founder to be sentenced for federal fraud charges
        
       Author : geox
       Score  : 173 points
       Date   : 2023-12-18 17:38 UTC (5 hours ago)
        
 (HTM) web link (www.cnbc.com)
 (TXT) w3m dump (www.cnbc.com)
        
       | happytiger wrote:
       | I have a hard time feeling sorry for the guy. He lied through his
       | teeth and did an old fashion pump and dump.
       | 
       | Worth reading the complaint if you want to hear what he did:
       | 
       | https://www.cohenmilstein.com/wp-content/uploads/site/2022.0...
        
         | duskwuff wrote:
         | 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...
        
           | kotaKat wrote:
           | And from the Hindenburg report
           | (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 wrote:
           | 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 wrote:
             | "Well _technically_ we said... " is not a disclaimer a
             | company should ever have to use about its own marketing
             | materials.
        
               | lazide wrote:
               | If ever 'should' meant 'I wish', it would be here.
        
           | HumblyTossed wrote:
           | 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 wrote:
             | And it basically is fraud. That fraud is easier to prove if
             | the result is failong and not making it.
        
             | jjeaff wrote:
             | 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 wrote:
             | 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-
             | responsibi...
        
               | lazide wrote:
               | There is solid precedent that it depends on what the
               | definition of 'is' is. /s
        
             | rtsil wrote:
             | 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 wrote:
               | 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.
        
               | bsdpufferfish wrote:
               | This is also why everyone has heard about Theranos.
        
             | comfysocks wrote:
             | Maybe it's an example of "fake it 'till you make it" that
             | crossed the line into fraud?
             | 
             | For example, when puffing up one's CV, one could probably
             | get away with making an actual accomplishment seem more
             | important than it is. However, if they were to make up the
             | accomplishment whole-cloth, the that would cross a line.
        
         | chris_va wrote:
         | You have to appreciate the jokes in the complaint:
         | 
         |  _In short, the VectoIQ Board simply failed to look under the
         | hood at Nikola--both figuratively and literally--completely
         | abdicating their responsibilities to VectoIQ's stockholders._
        
           | happytiger wrote:
           | I know. Whoever wrote it was someone I'd like to buy a drink
           | for. It's hilarious.
        
         | bostonsre wrote:
         | How much money did he manage to milk from the company? With
         | that light four year prison sentence where he makes nothing,
         | he'll probably still end up making more than us during his work
         | + prison sentence if the penalty phase is just as light.
        
           | reducesuffering wrote:
           | It was so much that he bought the most expensive real estate
           | in the entire state of Utah.
           | https://www.mansionglobal.com/articles/nikola-motor-chief-
           | se...
           | 
           | "2,670-acre Riverbend Ranch, which includes a 16,800-square-
           | foot mansion along the Weber River"
        
       | sokoloff wrote:
       | The whole Nikola situation was fascinating to me at the time.
       | 
       | I shorted the shares and bought puts in the days to couple of
       | months following the Hindenburg publication. I was surprised at
       | how long the shares held up; they were still trading around
       | $10/sh when I closed the last of my shorts at the end of 2021
       | (~15 months after the publication which was never substantially
       | refuted and never substantially in doubt as far as I could tell).
       | 
       | I would have expected a much quicker and less orderly collapse of
       | share prices and the absence of that made me question my
       | understanding of the stock market entirely, specifically my
       | previous belief that "all public information is quickly priced
       | in." (That is still not entirely resolved for me.)
        
         | bobthepanda wrote:
         | Public information is quickly priced in, when it is decided
         | that it is important. For when it's important, the market can
         | stay irrational longer than you can stay solvent, and all that.
        
         | mdon wrote:
         | I think this is similar to LTCM in the 90s, which reminded
         | people of the depression era quote: "Markets can stay
         | irrational longer than you can stay solvent"
        
           | lofatdairy wrote:
           | How so? I mean, you can argue that Russia defaulting was
           | (arguably) irrational, but the market response to it was
           | fairly textbook. I might be wrong, but even if they didn't
           | get killed by margin calls, weren't the losses on their bad
           | bets enough to wipe out any profits the company ever made?
        
         | MVissers wrote:
         | "The market can stay irrational longer than you can stay
         | solvent."
         | 
         | Eventually- Markets go back to the mean, but predicting when is
         | the hard part.
        
           | kwertyoowiyop wrote:
           | "It's very lonely being the only correct investor on Wall
           | Street"
        
         | tony69 wrote:
         | Part of the story is how passive index ETFs work.
         | https://www.etf.com/stock/NKLA sort by # shares owned, you'll
         | see the biggest owners of NKLA stock are ishares funds,
         | vanguard etc. These funds buy based on market cap of the stock.
         | Anyone with a retirement account that holds passive etfs (or
         | things like target date retirement funds) is a stockholder in
         | NKLA, a stock which no active fund manager would touch with a
         | 10foot pole.
         | 
         | As passive accounts for more than half of the total market
         | funds/flows, blatant frauds that somehow manage to be included
         | in these funds have an easier time surviving (and the larger
         | the market cap, the more inflows their shares receive). In the
         | 2021 stock mania there were other factors at play too.
        
           | hunter2_ wrote:
           | Are these ETFs, target date retirement funds, etc. protected
           | against class action lawsuits from shareholders who end up
           | holding the bag due to the inclusion of fraudulent stocks
           | like this? Obviously waivers are signed about how performance
           | is never guaranteed, but that's a bit different from a need
           | to timely exit positions in fraudulent companies.
        
             | zozbot234 wrote:
             | The whole point of passive investing is to not pick winners
             | and losers, to leave that part of the job to professional
             | speculators (including, yes, short sellers). Because you
             | aren't going to do any better than them on average, even if
             | they do on occasion pick some duds (like Nikola).
        
               | bsdpufferfish wrote:
               | Imagine you invested in the index minus Nikola. This
               | isn't improbable as several hours of due diligence would
               | have raised concerns.
               | 
               | This shows that the choice of stocks included in an index
               | is not arbitrary. You don't get "better on average"
               | automatically just by buying the 500 stocks on a list
               | someone sold to you.
        
               | hunter2_ wrote:
               | Sure, but I'm talking about when the professionals that
               | you leave it to end up being negligent. _Picking a dud
               | occasionally_ isn 't negligent, but I'm wondering if
               | _continuing to hold something fraudulent longer than
               | reasonably necessary to ingest damning evidence and dump
               | it_ might be.
        
           | peteradio wrote:
           | SPACs are such an obvious joke on the stock system.
        
           | dpflan wrote:
           | This is quite fascinating. I hope you are able to provide
           | more details on the machinations of these funds. I see the
           | largest allocation is "Direxion Moonshot Innovators ETF" [1],
           | [2].
           | 
           | What money is flowing into this? Why is "Direxion Moonshot
           | Innovators ETF" owned by anyone?
           | 
           | For moments like this, I suspect this fund will liquidate its
           | position? But I'm sure the market for NKLA shares is not that
           | hot...
           | 
           | [1] https://www.etf.com/stock/NKLA [2]
           | https://www.direxion.com/product/moonshot-innovators-etf
        
             | fsckboy wrote:
             | >> _These funds buy based on market cap of the stock._
             | 
             | > _I hope you are able to provide more details on the
             | machinations of these funds._
             | 
             | there are no machinations, it's mechanical, it's betting on
             | expected value while diversifying risk/standard deviation.
        
               | lazide wrote:
               | Nope - even boring S&P 500 index funds have analysis at
               | their heart. That qualifies those stocks for the S&P 500.
               | 
               | Daily rebalancing is mechanical, and the criteria is
               | coarse- but a decision was made and analysis is done.
        
               | lokar wrote:
               | And the fund managers do have some small discretion to
               | deviate from the index they track
        
           | sillyinseattle wrote:
           | > Anyone with a retirement account that holds passive etfs
           | 
           | This is incorrect. Not all ETFs. These funds are sector
           | focused (vehicles). A regular S&P500 ETF will not hold NKLA.
        
           | fsckboy wrote:
           | > _These funds buy based on market cap of the stock._
           | 
           | There might potentially be a problem if ETFs owned the entire
           | market, but owning half the market cap still allows for
           | market pricing of the other half. I don't see that you are
           | pointing out a problem?
           | 
           | The market put a price on NKLA, and you are simply claiming
           | that you know better than the market (to hell with the wisdom
           | of crowds); such beliefs are generally unfounded. One example
           | does not tell a convincing story, do you have a portfolio of
           | disbelief that you have tracked the performance of?
        
         | nprateem wrote:
         | > all public information is quickly priced in
         | 
         | Yeah this theory is bollocks. Priced in by whom, Wall St or
         | Redditors? This theory may have been relevant before retail
         | investors were a large force, but now it's irrelevant. I mean,
         | if it worked, you'd never have meme stocks.
        
           | zozbot234 wrote:
           | If you look at actual cases of "meme stocks", they happened
           | because the meme factor could actually help the underlying
           | business. GameStop was one famous example of that - if a meme
           | makes the company more popular with the general public, that
           | translates to better forecasts for business outcomes.
        
             | nprateem wrote:
             | Citation needed. If that were the case, meme stocks would
             | have been embraced by Wall St instead of heavily shorted
             | (IIRC BB & B was) because a pump and dump doesn't in fact
             | materially improve the underlying business.
        
               | fsckboy wrote:
               | economic and finance theory is based on some clear
               | assumptions. if those assumptions are violated, the
               | theory predicts that the theory cannot predict.
               | 
               | "meme stocks" attract a small amount of capital (, large
               | only) to a small number of stocks whose price becomes
               | inflated. Given the nature of memes, this will rarely
               | happen to the whole market. If you owned a broad index
               | fund, your portfolio would inflate along with the meme
               | stocks, and it will deflate along with them later. If it
               | turned out that GameStop was an actual runaway hit, you
               | would participate in it. If it turned out it was just a
               | fad, you participate in that also. There's no place in
               | this story for broad index funds to be a bad idea.
               | Investing directly in the meme stocks carries a huge
               | amount of diversifiable risk, and the market rewards
               | risk, but not diversifiable risk.
               | 
               | I said "rarely" to the whole market above because one
               | could consider the .com boom a whole market meme. But you
               | would have been worse off if you stayed out of the market
               | through that bubble.
        
           | grotorea wrote:
           | In defence of the efficient market theory, retail investors
           | can be just the wisdom of the crowd. Meme stocks are a rare
           | exception.
        
         | bhasi wrote:
         | > Hindenburg publication
         | 
         | I have not been following the Nikola story, and the fact that
         | the founder has now been convicted of fraud came as news to me.
         | I also was not aware that Hindenburg had published anything on
         | Nikola - reading that now:
         | https://hindenburgresearch.com/nikola/
        
         | ProjectArcturis wrote:
         | Interesting -- I made quite a lot on NKLA selling put spreads.
         | It was obvious that they were a fraud. But the market was
         | _full_ of obvious frauds that didn 't collapse. GME and AMC had
         | scared the short-sellers out of the market. Idiots were pouring
         | money into NFTs. I just made a bet that NKLA wouldn't fall
         | apart right away, and it paid off very well.
        
           | hef19898 wrote:
           | Well, in the end all the short sellers profited hugely from
           | Gamestock, the hodld crowd was left holding the bag. That's
           | what happenes if, as part of a pump and dump, you forget to
           | dump.
        
         | fsckboy wrote:
         | > _belief that "all public information is quickly priced in."_
         | 
         | if you actually believed that all public information is quickly
         | priced in, why did you short or buy puts? Did you have non-
         | public information? Being bearish is expressing doubt that the
         | information is priced in.
         | 
         | What subsequently happened (nothing) is confirmation that the
         | information was priced in, and should reinforce your stated
         | belief.
        
           | sokoloff wrote:
           | Obviously, I believed that there was significant uncertainty
           | around the validity of the Hindenburg information but my
           | reading led me to a conclusion that Nikola was very likely
           | not a viable company and certainly not a viable company at
           | the existing market cap.
           | 
           | My surprise wasn't that that it took weeks to sort out (and
           | for Nikola to issue comically terrible responses) but rather
           | that, after making the judgment and investment, that it took
           | well over a year to complete with no credible (to me)
           | positive news from the company.
           | 
           | Differences of opinion about the future are what makes a
           | market. I'm puzzled at who was holding the opposing opinion
           | and why...
           | 
           | > What subsequently happened (nothing)
           | 
           | I invite you to take a look at a 40 month (or just a 5 year)
           | chart of $NKLA and decide if nothing happened to the shares.
        
         | lazide wrote:
         | Tether is transparently BS, but as long as the consensus is
         | that it's worth pretending it's not, it will continue on
         | regardless of the facts.
         | 
         | It's rabbit holes all the way down.
        
       | kevinskii wrote:
       | Trevor Milton's infamous "html5 supercomputer" quote often gets
       | shared in discussions about Nikola, and for good reason. It's one
       | of my all-time favorite bullshit quotes:
       | 
       |  _" The entire infotainment system is a HTML 5 super computer,"
       | Milton said. "That's the standard language for computer
       | programmers around the world, so using it let's us build our own
       | chips. And HTML 5 is very secure. Every component is linked on
       | the data network, all speaking the same language. It's not a
       | bunch of separate systems that somehow still manage to
       | communicate."_ [1]
       | 
       | [1] https://www.truckinginfo.com/330475/whats-behind-the-
       | grille-...
        
         | HumblyTossed wrote:
         | It reads like something ChatGPT would come up with
        
           | consumer451 wrote:
           | I am not very familiar with this founder and his company, but
           | how does a guy like this make it past any level of due
           | diligence on the part of his investors?
        
             | TeMPOraL wrote:
             | With a smile on their face and a billion dollar check in
             | their pocket. Investors don't mind the bullshit if they're
             | on the profiting side of it.
        
               | consumer451 wrote:
               | Man, I am a one-time failed founder and apparently I put
               | way too much thought into it, as one of multiple
               | failings.
               | 
               | Meanwhile Adam Neumann gets a next go.
        
             | mrguyorama wrote:
             | Early investors aren't trying to find valuable, profitable,
             | or innovative companies that will make a lot of money.
             | Their goal is to sell to someone else at a higher price
             | sometime down the line. Therefore the actual reality of the
             | business is not useful, and often purposely ignored if the
             | story seems like it can pull in enough bag holders.
        
               | consumer451 wrote:
               | Do you think he would have gotten that far in today's
               | interest rate environment? I mean, are investors paying
               | more attention now, or does the bigger idiot theory still
               | work?
        
               | lazide wrote:
               | It's about cashflow now, and that's a lot harder (but not
               | impossible!) to BS around.
        
               | twic wrote:
               | A theory I've read on here is that VC returns come from a
               | handful of hyper-successful firms, and the challenge is
               | getting in on the deals in those firms at all, and the
               | way you do that is by building a reputation as a
               | visionary and generous investor by investing in ludicrous
               | bullshit on founder-friendly terms. From this point of
               | view, money given to Nikola isn't a bad investment, it's
               | a marketing expense.
        
             | pnw wrote:
             | They did a SPAC in 2020 so his 'investors' were mostly the
             | general public. Actual investors were pretty skeptical of
             | them, e.g. Hindenburg shorted them extensively and called
             | them a fraud.
        
             | throwawayelon wrote:
             | Another one you may not have heard is Elon Musk.. he's been
             | delivering self driving cars since 2015
        
               | consumer451 wrote:
               | I am not a Musk fan at all, in fact I despise Musk 4.0,
               | but what he accomplished prior to losing his mind is
               | undeniable. He founded SpaceX, which absolutely
               | accelerated our access to space by 20-40 years. Half of
               | the satellites in orbit belong to SpaceX. SpaceX put more
               | mass into orbit last year than all other _countries_
               | combined.
               | 
               | He accelerated the adoption of electric vehicles by at
               | least ten years. If the worst of climate change
               | predictions turn out to be true, this could make him one
               | of the most beneficial humans of our time... that's
               | assuming that his naive geopolitical angling doesn't kill
               | us all, and that his brain implants don't turn us into
               | corporate zombies.
               | 
               | My point is, there is much about him to criticize, but he
               | has delivered a lot in the past.
        
               | tessierashpool wrote:
               | _If the worst of climate change predictions turn out to
               | be true, this could make him one of the most beneficial
               | humans of our time..._
               | 
               | Not really. Methane from cows causes more harm to the
               | environment than cars do. If he had gotten the world to
               | go vegan, that would have been doing the impossible. Musk
               | made an idea fashionable and sold carbon credits.
        
               | consumer451 wrote:
               | I mean, Musk went the practical route. Make things that
               | nearly everyone wants... fast cars that you can refuel at
               | home for next to no cost.
               | 
               | But I hear you about food. However, the sad joke is: we
               | don't need vegan purity. If we could just convince
               | everyone in wealthy countries to skip meat for only two
               | days per week, then the we might actually hit 2C max temp
               | increase. But everyone is all about paleo meat-only or
               | vegan/vegetarian purity crap. We just needed some
               | moderation, but that's not as sexy as being a vegan or a
               | Hummer driver.
               | 
               | We will pilot our extremes straight into the ground.
        
               | Eisenstein wrote:
               | I completely agree with you about 'vegan purity'.
               | 
               | Making people abstain from meat completely will turn
               | people into the meat-eating equivalent of alcoholics. I
               | bring up the comparison because sobriety is contingent on
               | a period of continued abstinence along with veganism or
               | vegetarianism. You will be mocked if you called yourself
               | vegan and ate meat a few times a month, as you would be
               | mocked if you called yourself sober and drank a few times
               | a month.
               | 
               | Many people look at a lifetime of denying themselves a
               | basic pleasure and rightly balk at the prospect and put
               | it off to some distant 'later' or create a
               | rationalization for why they don't need to do it. This
               | wouldn't be nearly as much of a problem if we quit using
               | absolutist terms like 'vegan' and instead came up with a
               | way to make it a moral issue to acknowledge the problems
               | associated with meat consumption without shaming those
               | who limit it but do not abstain from it.
               | 
               | Basically -- advocating that the solution is a 'vegan'
               | one is probably not going to work, and if it does it will
               | create (at least initially) a population of guilt-ridden
               | people and an associated culture of shame. Let's think of
               | a better way to do it.
        
               | hef19898 wrote:
               | All the scientifically relevant stuff would have gotten
               | into space, Musk, SpaceX or not. All those Starlink
               | satelites? I am still not convinced they provide any
               | actual added value, besides giving SpaceX another product
               | to raise funds against (Elon tried the same thing with
               | FSD, which worked out less good so far).
               | 
               | Also, we were well on our path to EVs, Tesla (not Musk
               | himself alone) accelerated that. Ten years so is bold
               | claim, and attributing that all to one single person is
               | just nonesense.
               | 
               | Edit: Tesla made shit tons of money by selling CO2
               | credits to legacy car makers, so in reality Musk (rather
               | Tesla, but that distinctions is difficult) had close to
               | no positive impact on climate change and instead profited
               | of others continue to polute. All Musk cares about is his
               | image as being the tech-god savior of mankind, that and
               | money.
        
               | zozbot234 wrote:
               | > All those Starlink satelites? I am still not convinced
               | they provide any actual added value
               | 
               | Tell that to the Ukrainians. I'm told that they're big
               | fans of Starlink as of late, I wonder why.
        
               | hef19898 wrote:
               | Oh, they work. Issue is, I know for a fact that there
               | would have been alternative solutions for that. Or how do
               | you think other militaries operate their communications?
        
               | axus wrote:
               | Buying space on commercial satellites and encrypting
               | them. SpaceX and Starlink are cool because they're so
               | much cheaper.
        
               | brandonagr2 wrote:
               | My car drove itself to work this morning, were you trying
               | to be sarcastic?
        
             | happytiger wrote:
             | You clearly haven't raised money from investors with _that_
             | question.  /j
             | 
             | Investors are _sheep_ and _follow their peers_. There are
             | only a handful of mavericks in investment circles, and they
             | generate the best and the worst returns.
             | 
             | Consider that they all invested without _seeing the engine_
             | or _looking under the hood_ of the demo vehicle. It's in
             | the investor lawsuit -- they even poke fun at themselves
             | about it.
        
               | cogman10 wrote:
               | Bingo. You see this in public shareholder calls all the
               | time. Today, you can't find a tech company that doesn't
               | say something like "We are integrating AI with LLM into
               | our technology to blah". They don't say that because it's
               | a meaningful or good product, they say that because
               | investors give you a 10% stock bump just for saying
               | "LLM".
               | 
               | The same thing happened with crypto, machine learning,
               | web 2.0, etc. Investors love a good buzzword and will
               | reward a company handsomely for using them.
               | 
               | Hell, that's like 90% of the reason FTX became as big as
               | it was.
        
               | rurp wrote:
               | It was wild seeing companies have their biggest stock
               | jump ever simply by talking about crypto magic beans on
               | an earnings call.
        
               | cogman10 wrote:
               | My company just did a shareholder meeting. Of everything
               | we described (and we had a KILLER year) basically the
               | only questions that were asked revolved around our usage
               | of LLMs. It didn't matter that we made a ton of money,
               | new products, and happy customers. What mattered was how
               | we are adding AI.
        
               | consumer451 wrote:
               | Well, please tell us, how are you adding AI?
               | 
               | I say this only one-quarter sarcastically, I would
               | genuinely like to know. The only real appilcations that I
               | have seen so far are devs "learning" new languages.
        
               | cogman10 wrote:
               | Ha.
               | 
               | Part of our software has a data ingestion and
               | normalization process that can be somewhat costly.
               | Basically, on a near per client basis we get data that
               | needs to be transformed into our data model. We are
               | currently investigating into using LLMs to setup our
               | normalization DSL (or at least fill it out as best it can
               | before a human signs off on it).
               | 
               | There's also an investigation going on to allow a client
               | to ask an LLM about there data. I'm not sure how well
               | that one will pan out.
        
               | HideousKojima wrote:
               | I'm feeling the "we need to adopt AI because it's the hot
               | new thing/investors want to hear it" pressure at work
               | nonstop, including some annoying mandatory trainings on
               | it. My brother in Christ, I'm still trying to get my
               | teammates to use git and package management, AI is going
               | to have to wait a little bit.
        
           | verdverm wrote:
           | maybe this is why ChatGPT outputs some of the things it
           | outputs
           | 
           | garbage in, garbage out
        
           | kibwen wrote:
           | Yet more proof that we could replace CEOs with ChatGPT and
           | lose nothing.
        
             | Centigonal wrote:
             | Trevor Milton is to CEOs what Billy Mitchell is to pro
             | gamers
        
               | HideousKojima wrote:
               | Billy Mitchell is a liar and a cheater, but he actually
               | is really good at Donkey Kong. He has a publicly verified
               | (in front of a crowd) score over 900,000. Much like how
               | Lance Armstrong is both an excellent cyclist _and_ a
               | doped up cheater.
               | 
               | Billy is definitely an awful human being in other regards
               | than just his cheating though, at least from what I've
               | been able to tell.
        
           | dmboyd wrote:
           | This is sort of unfair because I'm sure this must've been
           | part of the training set. But hilarious nonetheless. https://
           | chat.openai.com/share/6a1fdfb4-9228-480f-961e-fa2c4b...
        
             | peteradio wrote:
             | I like how it adds in a positive environmental impact
             | completely out of its ass, just like a real Marketer!
        
               | asveikau wrote:
               | Might be because the prompt is about an electric vehicle,
               | buyers of which would be interested in environmental
               | impact.
        
             | lazide wrote:
             | ChatGPT is all about replies that are believable. If there
             | is real data,cool. But if not, also cool.
             | 
             | Just like people!
        
           | wk_end wrote:
           | This is substantially _worse_ than anything ChatGPT would
           | come up with.
           | 
           | Edit: never mind:
           | https://news.ycombinator.com/item?id=38686399
        
             | happytiger wrote:
             | It's like a math proof lol.
             | 
             | Validated peak tech. We have created an unlimited bullshit
             | generator.
        
           | TeMPOraL wrote:
           | Honestly, it doesn't - I can't imagine ChatGPT producing
           | _this_ density of blatant bullshit, not without a specialized
           | prompt forcing it to. Bad as it is, ChatGPT by default still
           | has some statistically average dignity.
        
         | ravenstine wrote:
         | If I was already an investor and saw that, my eyes would bug
         | out so fast that they'd leave my skull and achieve orbital
         | escape velocity. That quote is peak Dilbert boss.
        
           | spacecadet wrote:
           | LOL soooo good. The principles never get old!!
        
           | gxyt6gfy5t wrote:
           | Yet GM still gave them millions
        
             | peterfirefly wrote:
             | Mary led and that mattered.
        
             | cvhashim04 wrote:
             | Netflix has a couple series, a "Dictator's playbook" and
             | "Mafia boss' playbook".
             | 
             | What they really need to do is make one for tech scroungers
             | and frauds like SBF, Holmes, Newman, Nikola founder, etc.
        
               | dylan604 wrote:
               | Why stop there? These are the obvious scams, but let's
               | look deeper. Let's look at how "legit" companies are
               | screwing their users by using all of their personal data
               | and convincing the public that everything is perfectly
               | normal
        
             | FractalParadigm wrote:
             | Given GM's commitment to actively removing the most popular
             | and asked-for feature in the automotive world from their
             | own infotainment systems, I'm not even surprised. This is a
             | company that has proven before and continues to prove that
             | they simply don't give a fuck about technology, they've
             | realized they can keep throwing gimmicks or buzzwords at
             | consumers and maintain just enough mind-share to stay
             | relevant. It's no shock to me that a company with that sort
             | of culture willingly bought into the same kind of flashy
             | demos and mosaics of buzzwords that they themselves take
             | part in.
        
           | 4death4 wrote:
           | I literally bought puts immediately.
        
         | nradov wrote:
         | That's a good one. But in terms of sheer cluelessness, hubris,
         | and word salad incoherency I still prefer this quote from Jeff
         | Davis, co-founder of Razorfish. They were valued at $4B in
         | 2000.
         | 
         | "I think this definitely is not a fad, what's occurring right
         | now. This is absolutely real; this is a revolution; we're
         | packing rifles; and this is going to be something that's going
         | to change the course of the way the world is functioning. We've
         | asked our clients to recontextualize their business. We've
         | recontextualized what it is to be a services business. We
         | radically transform businesses to invent and reinvent them."
         | 
         | Their actual business? Building web sites for other companies.
         | 
         | https://www.cbsnews.com/news/the-dot-com-kids/
        
           | auggierose wrote:
           | Sounds like he was bang on right?
        
           | wnevets wrote:
           | That wasn't wrong in 2000, just bad timing.
        
           | figassis wrote:
           | I mean, circa 2000 where was the BS?
        
             | tessierashpool wrote:
             | everywhere
        
           | happytiger wrote:
           | I mean, sure, but didn't every single one of those clients
           | have to adjust everything because of the rise of digital?
           | 
           | "Just a website" was common criticism and still is.
           | 
           | Great quote though. Those were heady days.
        
           | notahacker wrote:
           | So not unlike the elevator pitch for most of the "LLM for
           | $industry" pitches floating around then :-)
           | 
           | Wonder how many of them will still exist as brands in 24
           | years' time...
        
             | cvhashim04 wrote:
             | None, but they'll sell and exit with a few mil like bandits
             | in the near future while you and I toil at our 9 to 5 :P
        
         | 77pt77 wrote:
         | They do this because it works.
         | 
         | Until _sometimes_ it doesn 't.
        
           | alternative_a wrote:
           | Oh, there is always SoftBank to the rescue.
        
         | henry2023 wrote:
         | Not even ChatGPT could hallucinate this.
        
           | Cthulhu_ wrote:
           | That sounds like a challenge!
           | 
           | > ChatGPT CEO: Our company has spearheaded the development of
           | Quantum Neural Cloud Computing, a revolutionary paradigm in
           | the realm of artificial intelligence and data processing.
           | We've seamlessly integrated quantum computing principles with
           | neural network architectures, creating an unparalleled
           | synergy that redefines the boundaries of computational
           | capabilities.
        
             | kirrent wrote:
             | Despite being on shaky ground due to local minima, barren
             | plateaus, classical simulability, and more, variational
             | quantum computing is definitely a real field. ChatGPT can't
             | even hallucinate properly.
        
         | ssss11 wrote:
         | Oh my god. The audacity to say that.. to even think of saying
         | that bs!!!
        
           | ssss11 wrote:
           | Also this snippet: "The truck uses voice-activated controls
           | rather than pushing buttons and reaching for various controls
           | to help maintain a driver's focus on the driving task. "
           | 
           | ...is bound to never have problems haha /s
        
             | hef19898 wrote:
             | And the other hapf of Nikolas name is sellingg that as the
             | latest shit in order to save a buck on levers and buttons.
        
             | sandworm101 wrote:
             | Because nothing does more to increase driver focus than
             | getting in a heated argument with a machine. My rental car
             | last month, towards the end of a long drive in a snowstorm,
             | told me it was "time to take a break" and displayed a
             | coffee cup on the dash where the speedometer used to be. I
             | swear if it wasn't a rental car I would have put my fist
             | through that screen.
        
               | I_Am_Nous wrote:
               | I was driving a new company vehicle recently and while
               | I'm cruising at highway speeds, it would pop up a warning
               | that my washer fluid was low. Not sure when the optimal
               | time to tell me is, but I can almost guarantee telling me
               | at 60 mph is below optimal.
        
         | joegibbs wrote:
         | I don't think a single one of those sentences makes any sense
         | at all, except for HTML5 being very secure, which is trivially
         | obvious since it's not even a programming language.
        
       | paxys wrote:
       | I wonder if any of the ringleaders of the SPAC boom and bust will
       | ever face charges. Close to a thousand companies took the SPAC
       | route to go public between 2019-2022, with 613 in 2021 alone. As
       | of early 2023 the average returns for SPAC investors are -62%
       | (https://yalejreg.com/bulletin/was-the-spac-crash-
       | predictable...). Meanwhile the financiers and founders/VCs/other
       | insiders made off with billions, all without the pesky SEC
       | getting in the way.
        
         | dvt wrote:
         | > I wonder if any of the ringleaders of the SPAC boom and bust
         | will ever face charges.
         | 
         | Charges for _what_? SPACs are essentially a legal (operative
         | word) pump-and-dump. We need legislation to fix this. But a lot
         | of government insiders made off with millions as well, so is
         | there incentive there?
        
           | paxys wrote:
           | SPACs as a concept may be legal but there's a very large gray
           | area around how individual ones were implemented/sold. There
           | are already dozens of SPAC lawsuits making their way through
           | various courts, and I don't think a larger federal-level
           | investigation by the SEC or DoJ can just be written off as
           | "SPACs are legal". IPOs are legal as well, but if a single
           | investment bank was promising companies that it would use
           | every trick in the book to pump and dump their worthless
           | shares on retail investors, and did so hundreds of times, you
           | can be pretty sure the feds would come down on them hard.
        
             | Zigurd wrote:
             | This is the key insight. You don't have to commit a gross
             | violation, like using a patently illegal structure. But if
             | all these SPAC offerings failed in a similar way, with the
             | same parties repeatedly profiting from the same kinds of
             | duff deals, with the same kinds of bag holders being sold
             | the same line, there is a good chance they all skirted the
             | law in similar ways.
        
         | chollida1 wrote:
         | What specific charges do you think they are guilty of? Chamath
         | Palihapitiya would be the main culprit of dumping garbage on
         | people that anyone would know of and I can't really find
         | anything he'd be guilty of.
         | 
         | You're allowed to be a cheerleader for your company.
         | 
         | You're allowed to bring a business combination to the market
         | and let people make up their mind if they want to be a part of
         | it or get their money back from the SPAC.
         | 
         | You're allowed to sell your shares when your lock up ends
         | 
         | You're allowed to do this multiple times if people will
         | continue to fund you.
         | 
         | His SPAC companes are a whose who of failed companies.
         | 
         | - Virgin Galactic Holdings
         | 
         | - OpenDoor Technologies
         | 
         | - Clover Health
         | 
         | - SoFi Technologies
         | 
         | and one failed SPAC Social Capital Hedosophia IV
         | 
         | Maybe Chamath would have been better off creating a hedge fund
         | that only went short
        
           | minwcnt5 wrote:
           | I wouldn't call SoFi a failed company (yet). They're still at
           | roughly 10B valuation, same as what they IPOed at. That's
           | actually pretty remarkable in this economy for a company
           | that's still in pre-profit growth mode.
           | 
           | OpenDoor isn't that bad either, they're down 60% from IPO,
           | but a real estate company being able to retain that much
           | value with the massive hike in interest rates also seems
           | pretty good (competitors have done much worse, e.g. Compass
           | and Redfin).
        
             | FireBeyond wrote:
             | > that's still in pre-profit growth mode.
             | 
             | SoFi started operations in early 2011.
             | 
             | How long are they planning to be in "pre-profit growth
             | mode"?
        
           | throwawaysugar wrote:
           | > You're allowed to be a cheerleader for your company.
           | 
           | You're not really allowed to knowingly cheer for a company
           | you know to be 100% vaporware. That's fraud.
        
             | lazide wrote:
             | A surprising number of very smart people become incredibly
             | dumb on the stand if/when it blows up. Being too dumb to
             | understand it couldn't actually work is a defense. Part of
             | why it's usually so important for them to not have anyone
             | telling them so in writing inside their companies.
        
       | Grazester wrote:
       | Nikola seems to have a working semi now ready for production.
       | 
       | https://youtu.be/LUA7Il252Ng?si=XqpeFw9-qpfPo2Tk
        
       | Invictus0 wrote:
       | I laughed so hard reading Hindenburg's report on Nikola. Absolute
       | clown show; still can't believe they rolled that truck down the
       | hill. I made 25 thousand dollars shorting the stock after the
       | report came out.
        
       | asylteltine wrote:
       | Did he defraud rich/famous people? Seems to be the only way
       | people get in trouble these days.
        
       | syspec wrote:
       | How does a SPAC become a publicly traded company? What's the
       | process that allows it to become listed on a reputable exchange
       | "without any real assets other than cash"?
        
         | drexlspivey wrote:
         | Same as every other company, you file some papers with the SEC
         | and make a stock offering
        
       | taimurkazmi wrote:
       | Good. Straight up lied about an entire company
        
       | hallqv wrote:
       | Whoever is dumb enough to invest in a company that hasn't even
       | bothered to come up with their own company name, but just copied
       | the name of the current most hyped competitor in their category,
       | deserves to lose their money.
        
         | Jagerbizzle wrote:
         | Not really disagreeing with your insight, but on the flip side
         | of this, I bought the stock precisely because of the ticker
         | name (when it changed from VTIQ to NKLA) and sold it shortly
         | thereafter for a significant upside.
        
       | sidcool wrote:
       | He just got 4 years. He'll retire rich.
        
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