I think one of the the questions being asked here is if there is not something a bit more sinister than just being a cowboy at play, but that it is a ruse to make money. I was literally asking myself that question this morning before I heard of this case. I had no answer (mainly because there is not enough evidence against the hypothesis). I am interested to see what, if anything, they manage to unearth.
Even ignoring any possibility of raising more capital, the amount of revenue recognized from FSD is much smaller than the financial hit that would have been required to bankrupt the company, at every point in time.
You're right, that never really appeared in the annual reports. So either Musk lied to CNBC, or the annual reports played down Tesla's actual position.