Nikola’s founder steps down from board as company faces fraud allegations
theverge.com
theverge.com
"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-...
https://www.quora.com/Could-you-make-a-CPU-that-processes-on...
Tech people, and smart people in general, need to learn how to step out of their own understanding of the world and see their own fields as others do.
Very few people actually know what HTML really is or how it works, and would be hard pressed to describe it.
This quote is an executive mangling the description of some tech that otherwise might make sense. After all, Javascript is part of HTML5 and that could very well be used on various parts of the system, 'linked on the data network, all the same language'. And it is 'a language' that many programmers know how to speak around the world.
The bit I can't figure out is 'lets us build our own chips' which is a stretch.
This is a guy not really knowing what he is talking about, but with a few word changes, it's mostly rational.
The other stuff is far more scary.
- Has limited understanding of technology
- Is prone to overstatement, if not outright lying
- Is willing to use technobabble to describe his product
Those conclusions, if coming from a normal layman, might just make me roll my eyes, but coming from the CEO of supposedly technology centric company that hasn't yet released a product, it raises massive alarm bells and has me running to sell shares or short the company.
Most car execs would struggle with this were they to have to read an unprepared statement.
Most of us armchair CEOs would burn our chances just as easily, but it's still important to not be clueless.
If you go searching for 'dumb things tech CEO's say about tech' you will find quite a few. My own CEO at one large company I know was actually quite brilliant, and generally knew the tech, but would sometimes mangle some things.
Of all the things this fraudster is going on about, this is not on the list of things I would say points to fraud - possibly just another example of how he doesn't really understand his own tech very well.
The blatant lying about the completeness of the vehicles, lies about solar capacity, lies about customers, lies about actual technical capability, lies about customer orders and deal flow ... all of that is point blank unforgivable.
Original video: https://www.youtube.com/watch?v=IAToxJ9CGb8
Nokola’s admission: https://arstechnica.com/cars/2020/09/nikola-admits-prototype...
I wonder if Nikola had their brakes working or not.
Am i taking crazy pills here?
Brakes are also hydraulically operated. Ever pump the brakes in your car when the engine isn't running? That gets very difficult as well without the assist of the running engine.
Doubly true in a mid/rear engined supercar with only about 35% of the weight on the front wheels to begin with.
And if you'll allow me just a teensy bit more pedantry, you are also turning against the power steering pump when the engine is off. Our '81 VW camper doesn't have power steering, and it isn't as hard to turn as a car with power steering but a non-running engine.
https://www.youtube.com/watch?v=hkDD03yeLnU
Edit: The correct URL!
IRL that is exactly the type of thing VB is used for. It's easy for non programmers to design interfaces, relatively intuitive to program, and it doesn't require compilation or other fancy or complicated processes to use the completed program.
It's literally WYSIWYG programming.
The GUI isn't "written", it's drag and drop. You add functionality as needed to the GUI events, like the code you would have put into a console program goes into a button's OnClick event instead.
It's probably faster than writing a console program for anyone who isn't a developer.
"It's called Rebo and it's the first bottle that cleans the planet as you drink. One Rebo drunk is one plastic bottle collected as simple as that. Rebo is a smart bottle equipped with a laser time-of-flight sensor and a Bluetooth transmitter that measures and senses the water you drink. The Rebo the app captures the information and records it into the blockchain transforming it into green credits that sponsor the collection of plastic bottles every minute."
I admit they chocked it full of too many buzzwords to make it sound cooler than it is, but at least the concept sort of makes sense compared to the hot air the Nikola CEO blew.
> Hi Palps, thank you for your interest and time. We generate a green credit that is fully anonymized every time a REBO bottle is drunk and they are certified by the Gold Standard, the most reputable agency in carbon emission reduction certification. Credits are monetized through private sponsors and the funds go to Plastic Bank, an organization that pays people in underprivileged communities in developing countries to pick up plastic dispersed in the environment. We hope this helped you understand better what happens "behind the scenes" to make it possible to clean the planet as you drink with REBO
Its a pretty garbage idea of trying to take peoples sympathies for plastic waste to sell a product. Just donate to recycling non profits or research if you want to support green efforts.
"I see your [bet] and raise you [x]" - would that be accepted?
Saying call and then adding a raise is similar to string betting, where you first put some chips to gauge your opponents reaction, and then put in some more. That's not allowed but so many beginners do it.
Some places may let you do it once, but by rule its not allowed in Casinos.
Dealers tend to just shut down anyone that plays silly games around delaying or feinting what they're going to maybe do to. I was at Acapulco Joe's one time playing the cheap limit tables with a dealer that was out of patience with this one guy that was acting like he was on national tv for the world series finals. Finally at one point when he was dickering around she just looked at him, said "he calls" took his chips and moved on lol.
And I’d feel more comfortable if a block chain was involved, somehow.
And of course block chain is involved. Everyone knows that if you want a crowd funded campaign or get VC funding you need to only need to include the phrase "AI", "ML", or "block chain". Or add all three for a triple score combo.
Edit: https://www.thedrive.com/news/5273/alex-roy-shatters-electri...
Tesla does have a real team working on self driving hardware and software and they're shipping it inside cars.
It's not clear that Nikola has much more than powerpoint. They got a lot of impressive-sounding partnerships going but so did Theranos.
Then you can literally say anything and claim "just not yet!".
Amazing people say things like this with a straight face.
>It's not clear that Nikola has much more than powerpoint.
Nikola has real teams working on real things, too. They are just nowhere near where they claim to be.
To play a little devil's advocate, then...
Wouldn't that put most startups and Silicon Valley into the "fraud" camp?
Net positive revenue is always coming and funds are continuously raised on that promise...
> Nikola has real teams working on real things, too.
Their technology claims are all over the place and includes a large lineup of electric and hydrogen-powered vehicles that would be impressive even for GM and Ford.
I don't think their leadership plans to deliver all of any of those vehicles. Insiders (including Trevor Milton) have cashed out already and it looks more like a pump-and-dump scheme than a real business.
> Amazing people say things like this with a straight face.
Then literally everyone who claims breakthrough in fusion, new energy, medicine, AI, robotics, supersonic travel, would qualify as fraud. Fusion has always been X years away after all.
You've just also described many space projects, notably JWST and SLS. Granted, I'll give you SLS.
[0] - https://en.wikipedia.org/wiki/James_Webb_Space_Telescope
[1] - https://en.wikipedia.org/wiki/Space_Launch_System
> Nikola has real teams working on real things, too. They are just nowhere near where they claim to be.
The trouble is Trevor didn't just say "just not yet!". He insisted that the Nikola One on stage at their Dec 2016 presentation is real, with this vivid description: "I don’t want someone to end up doing something and driving this truck off the stage…so we’re going to try to keep people from driving off. But this thing fully functions and works, which is really incredible."
And yes, there is an implicit problem there where you can't definitively know this is all of the equipment you need until the capability is released, but I suspect Tesla would have provided any additional upgrades for free if and when they release "auto-drive."
I thought of it kind of like "cable ready" TVs (not that most people reading this would have heard of those :-)) that were TVs that could, in theory, use cable. However, the cable standard wasn't finalized and there was a chance that what came out in the standard would not be compatible with these TVs.
Right, and he's also made explicit statements that you could FSD "by the end of 2016", "by the end of 2018", "by the end of 2020", coast to coast.
The problem with that is that Tesla has declared to the SEC that @elonmusk on Twitter is an "official company communication channel". That's why he's gotten in trouble for past tweets.
That isn't out or character for Musk. He's always set and communicate unrealistic timeline. That doesn't make him a fraud. Take Falcon Heavy:
> By 2008, SpaceX had been aiming for the first launch of Falcon 9 in 2009, while "Falcon 9 Heavy would be in a couple of years". Speaking at the 2008 Mars Society Conference, Musk also indicated that he expected a hydrogen-fueled upper stage would follow 2–3 years later (which would have been around 2013) - [0]
Of course Falcon Heavy didn't fly until Feb 2018, and hydrogen-fueled upper stage never materialized. Still, nobody care about that today. FH is a resounding success and are qualified to be used for NASA's Lunar Gateway and Space Force's National Security Space Launch program, which are as good as stamps of approval can get.
But you can't hand wave away his statements on Twitter as "Oh, that's just Elon, all Tesla's corporate statements have very explicitly (in at times very fine print) said it's contingent on 'capability' and 'regulation'" when Tesla have literally said "Elon's Twitter _is_ a Tesla corporate statement".
Yes and no. His settlement with SEC only requires vetting for tweets that have material impact to investors. Anything else is just his opinion, although I agree that's a very fine line - [0]
Take his tweet sent out today about Battery Day event tomorrow:
> Important note about Tesla Battery Day unveil tomorrow. This affects long-term production, especially Semi, Cybertruck & Roadster, but what we announce will not reach serious high-volume production until 2022 - [1]
Clearly a vetted communication. A less serious one in contrast:
> Bitte arbeiten Sie bei Tesla Giga Berlin! Es wird super Spaß machen!! - [2]
[0] - https://www.theguardian.com/technology/2019/apr/26/tesla-elo...
[1] - https://twitter.com/elonmusk/status/1308148212876812289
[2] - https://twitter.com/elonmusk/status/1304175179606695937
Why not?
What is the point of deadlines then?
Being a fraud doesn't mean you fail to deliver.
fraud: 'wrongful or criminal deception intended to result in financial or personal gain.'
He promises deadlines to soothe shareholders. I don't see the difference in his behavior and fraudulent behavior, other than that he has a large fan-base to validate the behavior.
He profits from promises that aren't delivered.
I don't pretend to know his motivation, perhaps his misplaced optimism? or to motivate and set the guideline for his troop? or to indicate Tesla's priority and direction?
Do you think JFK knew for sure that American would reach the moon before the end of 1960s? Or for that matter, I suppose you'd consider NASA to be fraudulent if Artemis program fails to send a crewed mission to the Moon in 2024.
> Being a fraud doesn't mean you fail to deliver.
Fraud usually means all talk and no substance. Can you give a counter example?
> He profits from promises that aren't delivered.
You need to show the evidence of this
How is this any different the nonsense Musk pumps out:
1. Machines in the factory moving so fast you need a strobelight
2. Solar tiles that will print money
3. Full self-driving on all cars since 2016
4. A brain chip that will cure autism
and on and on...Tesla is a tougher one, because they do produce a good product, while exaggerating far more than they produce.
In 2015 Musk said they want to produce 2020 they want to produce 500k vehicles, and even with covid they will come close to this or even hit it.
To compare the two is beyond ridiculous. Nikola literally never deliver a single vehicle or achieved a single significant engineering goal.
If you actually think they are remotely comparable there is something seriously wrong with your perspective on the world.
Musk can explain how he could build a very fast factory. Maybe he is wrong and there is some sort of thermal limit that he is going to hit before getting it to that speed. But it is a real plan. He isn't just throwing out buzzwords to attract investors.
1. Elon Musk has admitted many times since that point that he was wrong (something Trevor never does) about factory automation.
2. The solar tiles exist.
3. Turns out making super good AI takes more time and Elon is always too optimistic, that is still their goal however that they are working towards.
4. That's still their goal and they're working towards it.
You can't call someone a fraud just because they haven't reached a goal yet and it's taking longer than expected.
I could potentially see such a thing working for, say, epilepsy, where we might be able to "mute" or counter a stimuli that causes seizure, but, at least for the forseeable future, I don't see "brain chips" working in contexts other than concrete causal links, stimuli, reaction/response mechanisms - I think one hint is that there's nothing we can do to "medicate" autism. Medications currently used are for "byproducts" of ASD, such as ADHD, anxiety, not the disorder itself. Indeed, the closest (and we're not particularly close) we have come to thinking of how to manage ASD is gene therapy, which wouldn't be manageable by a "brain chip".
Milton made fraudulent claims about the existing technology that they had built, which is I think categorically different than most of Musk's futurology. There's no sense in which Milton's claims might be true; they were objectively false statements at the time they were made.
If the founder doesn't have the self-awareness not to say non-sensical quotes like that knowing he will be fact-checked, it's a bit concerning.
I don't understand how GE invested and didn't find anything in Due Diligence. They really couldn't see the Robinhood effect? Is FOMO that fervent in the space thanks to Tesla? Reminds me a lot of the crazy multiples RX Bar, Dollar Shave, and Native Deodorant got as all the incumbents got freaked out about losing fractional market share to "digitally native" brands.
You are nip picking a few things and vastly distorting the actual claims to make your point, while totally ignoring everything that actually was accomplished. Elon gets asked about 50 things every day and he gives his median prediction.
If you actually go back 10 years and look at his prediction for Tesla and SpaceX he is remarkably accurate, far, far, far more then literally anybody else.
Tesla underestimated the difficulty of mass production. That happens to basically every company that has extreme growth and the handle the problem and are now in very profitable production and own a huge market share in that cars market. They are massively improving manufacturing as was confirmed by independent experts.
They have 28% of global full EV market thanks that production system that you dismiss. The are outselling BMW, Mercedes and Lexus combined in the US. But of course instead of saying that, lets point out that they had 1 year of production issues.
> Solar tiles that will print money
Can you actually provide a source for that statement? Solar roof was to expensive and didn't sell well, so they made them cheaper and they are mass producing them now. They are not printing money, but they are increasing the numbers they sell and it should turn into a nice buissness.
> A brain chip that will cure autism
Again, nobody ever claimed they would have this right now. Its technology with lots of potential and that's how it was communicated. Elon is literally spending his private money on long term development project that has the potential to help many people and wouldn't get funding otherwise. And people like you shit on him, its baffling to me how somebody can have this reaction. Yeah fuck him for trying to work on some of the hardest problem in the world.
He is to optimistic on self driving, that is literally the only valid argument people have.
Truly baffling to me.
> Can you actually provide a source for that statement? Solar roof was to expensive and didn't sell well, so they made them cheaper and they are mass producing them now. They are not printing money, but they are increasing the numbers they sell and it should turn into a nice buissness.
"They" who? Not Solar City.
This one always felt like a fraud when it was private. How was it able to go public? Isn't that supposed to root out these things?
Hearing about their revenue was an eye opener for sure.
Side note, I always wonder about the WeWorks and Nikola's of the world. The founders, who are obvious frauds in retrospect, still probably walk away with hundreds of millions if not a few billion. Sometimes it feels like being a decent human being doesn't pay off. Doesn't help that our current political environment is also rewarding the worst in us too
To paraphrase a famous quote from Ben Graham: short-term the market is a voting machine (prone to trends, mania, over-reactions both directions), long-term it's a weighing machine (value will out). That's still spot on all these decades later.
There is about $36 trillion in value in the public US markets. Can you support your premise that Nikola is somehow relevant as a point of evidence that the broad financial markets do a poor job of allocating capital? Nikola is barely a rounding error in the scheme of the US financial markets.
Those were on markets and their irrationality. We are currently in giant asset bubble (enabled by the Fed, but still) in the middle of the worst recession since the Great Depression. It will crash, and take the economy with it.
As far as allocating capital, the markets have systematically discouraged investment and encouraged stock buybacks and other uses of money that not only don't promote the real economy, but increase risk (necessitating more bailouts). Our finance industry systematically pushes industries into rent-seeking instead of production, as well as increasing financialization.
Sure, Nikola isn't significant in things, but it is a microcosm of how the market as a whole operates.
The middle class is being displaced by automation and capital consolidation: [pdf] https://economics.mit.edu/files/11563 and https://economics.mit.edu/files/12979
Since yields/returns are so low, it's no wonder rent seeking is the "new" hot shit. Returns are low because there's no aggregate demand, because the middle class disappears, see above. And so the vicious cycle does what it does.
Agreed on Nikola just being a small symptom. See also WeWork.
There are already around 40 fuel cell stations just in CA, there's similarly around 45 in Germany.
Yet, people still invest millions, if not billions of dollars into this company.
Going public via a SPAC they didn’t have to go through all the rigor associated with a traditional IPO. I’m not sure this is the public markets doing their job so much as exposing a new loophole in the market.
Yes, but it went public and that gave someone the incentive to expose it. The fact that this stuff wasn't exposed earlier is a failure of the private markets, not the public
If nothing else, as a billionaire, I could afford to do extremely good works to help people forget about how awful I was in the early days (remember when Bill Gates was the devil? I do).
I guess, maybe for me, it's; 'in for a penny, in for a pound' kind of thing. If you're going to be unethical, why not just commit fraud as well?
I have some minimal/passing familiarity with the previous cutthroat mindset. And I know that fraud is when you cross a line. When you explicitly promise one thing and deliver something else. The importance of willfully making false statements with the purpose of profiting off the victims' action(s).
I know some people test the ropes/limits so many times that the line disappears for them.
Now, that said, unethical management might be simply working the shit out of your team for some deadline (which regularly happens in game development) or it might be lobbying against workplace safety regulations like a few special asshole coal mine owners do.
MS treated contractors as second class citizens, they got sued and the contractors won. Plus MS had (has?) a tendency of demanding long hours. Are long hours unethical in software engineering when there are so many opportunities for engineers? Or it's just an option for those who prefer that kind of work-nolife balance? I don't know.
However, what Amazon does seems (is!) very troubling (overworking pickers to the point of causing them permanent joint damage/pain), especially considering that the low-skill labor market segment is words apart from the aforementioned velvet sweatshop problem of long hours for 6 figures.
...
Anyway. I've worked with guys who clearly have a warped sense of ethics (plus entitlement, self-importance, ego), and the line is usually crossed when later the fraudster cannot account for the money. That's a clear breach of fiduciary duties. Because even the shittiest explanation of why and how you had to spend weeks at a 5-star resort to "make deals" might be defendable, but the clear lack of any explanation is not.
Plenty of people talk about the cancer present in VC culture. Engineering doesn't matter as long as you can tell a good story.
Not like didn’t make any sense because folks didn’t like the programming stack choices or anything it just literally didn’t make sense what they were trying to do.
To address some of the "how will GM react" question:
- GM has conspired with Nikola management to, for the lack of a better term, rob Nikola investors. The chances are great that GM knew exactly what Trevor Milton and Nikola really are, and price they extracted for playing along reflects that.
Nikola's supposed USP was this "amazing, decades-ahead" technology that somehow made hydrogen-based propulsion not just competitive, but a non-brainier. They were going to drive everyone out of the market! But don't take my word for it:
https://nikolamotor.com/pdfs/Nikola_Pre-Sale_June13_FINAL.pd...
Quote:
“Our technology is 10-15years ahead of any other OEM in fuel efficiencies, MPGand emissions. We are the only OEM to have a near zero emission truck and still outperform diesel trucks running at80,000 pounds. To haveover7,000reservationstotaling more than 2.3 billion dollars, withfive months remaininguntil our unveiling ceremony, is unprecedented,”said Milton.TheNikola One truck leasing program costs $4000 to $5000 per month,depending on which truck configuration and options the customer chooses. The first million miles offuel is included with every truck sale, offsetting 100% of the monthly lease for every owner. An average diesel burns over $400,000 in fuel and racks up over $100,000 in maintenancecostsover 1,000,000 miles. These costs are eliminated with the Nikola One lease.“We believe we will pass the current market leaders likeDaimler, PACCAR, Volvo and Navistar in sales orders within the next 12-24 months.Just imagine the orders that will come in once we begin taking dealer applications. We have shown other OEMs and their shareholders why they should be nervous about NikolaMotor Company. Some of the top class 8 dealerships in America have reached out and are willing to either add our brand or move away from their existing brands,” he added.
So, with this amazing tech at hand, let's look at the terms GM was able to secure from Nikola:
- $700M in cash to build a production line that GM retains full ownership of.
- $2B to design a vehicle platform that GM retains full ownership of.
- Profit on the front end, as an exclusive major drivetrain component supplier
- Profit on the back end, thanks to a cost-plus nature of the contract
- Profit off all of Nikola's alleged other products (Class 7/8) trucks, as exclusive drive train supplier
- Most of Nikola's ZEV credits
That's quite a haul from the company that claimed to have breakthrough technology, which, funny story, they appear to have discarded as part of this deal. The cost-plus contract on top of being an exclusive supplier is also a head-turner: GM would be ordering parts from.. GM to build a truck for Nikola and then charging cost+margin back to them. Nice arrangement if you can get it!
Equally interesting is what GM is not getting involved in:
- Distribution and sales
- Support, Service and Warranty
You are free to draw your own conclusions, but if Nikola was actually a legitimate company, this would have been one of the most fundamentally terrible deals in the history of North American capitalism.
What it instead appears to be GM's deal with the devil: They managed to extract such inordinate toll from Nikola (precisely because, I would argue, Nikola is build on fraud and was willing to do anything to gain some legitimacy), as to feel comfortable to ignore the ethical end of it.
Overall, I got the sense this was a person who aligned with their founder in selling themselves as badasses.
Anyways, I'll preface this by saying: while a member of my former team handled acquisitions and divestitures, I've never participated in one.
Most due diligence processes I've heard or discussed never remotely focus on the functionality of the technology. Even the guy on our team doing the auditing couldn't tell us what the company/product did until it was publicly announced. The process focused on data and compliance like verifying revenue, profits, patents assigned, tax records, SOX audits, data access logs, are these transactions valid, are there weird or flagged wire transfers, do all engineers involved have a wavier signed writing over all IP, does everyone have a non-disclosure signed, etc.
I could see how "does this product actually work" getting overlooked in the process, because their supporting and underlying data is probably valid.
However, I'll again mention that I have never actually done an acquisition audit (just worked close to someone who did), so maybe someone else can chime in and tell me about some process I just don't know about.
Really?
>The U.S. Securities and Exchange Commission is examining Nikola Corp. to assess the merits of a short-seller’s allegations that the electric-truck maker deceived investors about its business prospects, according to people familiar with the matter.
https://www.bloomberg.com/news/articles/2020-09-14/sec-said-...
/r/wallstreetbets - As usual some big winners and big losers on both sides on the way up and the way down.
Its not quite "Pin the suicide hotline to the top of the sub" levels yet (bitcoin 2017) but there are some people losing their shirts over this.
I love that sub, even though I absolutely do not invest. It's like a daytime tv drama, except the characters are even dumber sometimes.
Are you sure this wasn't a parody article? I recall something similar but it made a reference to your wifes boyfriend in the final paragraph which gave the game away.
"The advertisement said the truck was 'In Motion', nothing more"... It's clear this is something they've thought out in advance.
The ones that used their wealth to avoid conviction for non-financial crimes (see the UK sex scandal ongoing right now) generally avoid conviction by spending lots of money on legal defense, which they can do because their assets were not frozen.
In this case, if the guy's wealth comes from securities fraud, he won't be able to use it to defend himself because his assets will be frozen.
"dHybrid landed a truck-conversion deal with Swift Transportation, leading to a mid-2012 lawsuit predicated on dHybrid's failure to deliver on its agreement.[6] dHybrid would eventually be purchased by Worthington Industries in 2014[7] and, in 2015, Milton founded Nikola Motor Company with his brother, Travis, as the director of operations with a background in construction and remodeling."
He has plenty of assets to defend himself and clearly knows how close to the edge of the truth he can get and get away with it.
1. Missionaries spend 2 years trying to "market"/"sell" Mormonism. This might be a harsh way of putting it, but they are trying to recruit and retain members. Naturally, security/alarm sales are a natural summer job for them when they finish. This labor force was likely indispensible to Milton for his first company, "St. George Security and Alarm".
2. Mormons have a very tight social network. We REALLY trust one another. Its actually one of the great things about the religion. However, this makes us very vulnerable to fraud. There are lots of scummy MLMs in Utah that exploit the already established social circles in Utah.
In other words, it doesn't have much to do with the religion's tenets per se, but from the byproducts of it. I personally hope we produce more "Clayton Christiansens" and fewer "Trevor Miltons" for the tech world in the future.
isn't this why Vivint has been so successful? I thought they pioneered converting recent missionaries into DTD alarm sales...
I tried shorting it on alpaca.markets, although on a paper trading account, with no luck: "asset NKLA cannot be sold short".
related: https://forum.alpaca.markets/t/asset-cannot-be-sold-short/10...
Puts also have a risk that if there is a trading halt, and your puts expire within them, they will expire worthless if you cannot short the stock to exercise them.
https://twitter.com/sttbreakingnews/status/13080528194301091...
That's 4bn of share price return for a 10 yea, 2bn partnership.
Presumably they'll now parachute there own execs in there to try and salvage something.