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According to three people familiar with the matter, US prosecutors are investigating Tesla (TSLA)Play20prouletteUs) whether securities fraud and telecom fraud are committed by misleading investors and consumers about their self-driving functions of electric vehicles.

Tesla's Autopilot and FSD systems can help drivers turn, brake and change lanes, but they are not fully autopilot. Although Tesla warned drivers to be ready to take over driving, the US Department of Justice is reviewing previous comments by Tesla and the company's CEO, Mr Musk, that suggested Tesla's car could be self-driving.

Us regulators have also been conducting independent investigations into hundreds of accidents, including fatal accidents, in Tesla's Autopilot-enabled car, and prompted Tesla to carry outPlay20prouletteThere was a massive recall.

Investigators are exploring whether Tesla committed telecom fraud (a crime involving interstate communication fraud) by misleading consumers about the functions of his driving assistance system, the source said. Two of the sources also said that prosecutors were also examining whether Tesla committed securities fraud by deceiving investors.

According to a source, the Securities and Exchange Commission (SEC) is also investigating the functions of the driving assistance system that Tesla presented to investors.

Tesla disclosed in October last year that the Ministry of Justice had asked him to provide information about Autopilot and FSD.

The investigation itself does not mean that Tesla must be at fault, and the possible results include criminal charges, civil sanctions or no action. Prosecutors are still a long way from deciding how to handle the case, in part because they are sifting through the mass documents provided by Tesla in response to the subpoena, one of the sources said.

Legal challenge

Prosecutors reviewing Tesla's statement on self-driving cars are aware of the legal obstacles they face and are acting cautiously, according to people familiar with the matter.

Three legal experts who were not involved in the investigation said they needed to prove that Tesla's statement crossed the line.Play20prouletteThe limits of legal promotion have become materials and intentionally false statements, illegally harming consumers or investors.

Us courts have previously ruled that "exaggeration" or "corporate optimism" about product statements does not constitute fraud. In 2008, a federal appeals court ruled that the company's optimistic comments alone did not prove that its executives deliberately misled investors.

Daniel Richman, a professor at Columbia University Law School and a former federal prosecutor, said Justice Department officials might look for Tesla's internal communications as evidence that Musk or others knew they were making false statements. According to Richman, this is a challenge, but the safety risks involved in overselling autopilot systems also "demonstrate the seriousness of prosecutors, judges and juries in taking statements."

A fatal accident

Tesla's comments on Autopilot and FSD have also been closely watched in regulatory investigations and lawsuits.

In recent months, safety regulators and courts have raised concerns that corporate information about self-driving technology-including brands such as Autopilot and Full Self-Driving-has brought fake sense of security to consumers.

Police records show that in April, a Washington State Patrol arrested a man suspected of vehicle homicide after his driver, Tesla, killed a motorcyclist who was looking at his mobile phone while on autopilot. In a statement of possible reasons, a mounted police officer quoted the driver as "admitting to inattention when driving in autopilot mode." I believe the machine will drive for him. "

In Washington State, drivers are still "responsible for the safe and legal operation of vehicles," regardless of their technical capabilities, a spokesman for the state patrol told the media.

In the same month, the National Highway Traffic Safety Administration launched an investigation into whether the more than 2 million cars recalled by Tesla in December fully solved the safety problem of autopilot.