But he did say that [0] and he does intentionally deceive customes.
One of the key reasons why it doesn't constitute as fraud is his abundant use of "I'm confident that ____" (and similar) he uses when stating these ludicrous things. It is deceptive and it is amoral but legally it is not fraud since those are opinions and not stated as facts.
I think Elon says things fully expecting them to become true.
Whenever I hear him say "I'm confident that X will happen by Y", I mentally add "provided that every single engineer at [one of his companies] puts in 20 hour days for 2 years and manages to solve a mountain of problems that have never been solved before."
Sometimes it works, which unfortunately encourages the behavior.
[0] Article summarizing keynote (Apr. 2019) - https://www.motortrend.com/news/tesla-autonomous-driving-lev...