That is scenario #1. What about scenario #2?
this is the very definition of due diligence...you don't take their opinions as fact. to answer how:
* meet with their senior engineers * review code * talk to former colleagues * talk to former professors * review any academic papers, blogs, github repos * talk to customers or MVP users
If you don't have the first hand ability to directly evaluate their AI technology, or an extended network who can assist, you should not be investing in AI startups.
But there's an increasingly large amount of companies that are purely selling snakeoil that is way beyond any sort of grey area. You just need to look at the infosec scene.