Well, the thing that Musk has going for him is that US automotive regulations are virtually non-existent and chief executives of US companies rarely receive criminal indictments.
VW executives were actually punished by the EU because the EU actually cares about the rule of law.
And it was easy for the US to punish VW because VW is a foreign company.
Musk has hands-down committed fraud here, but is it enough for criminal charges?
I am honestly not sure.
It is my understanding that an automaker (and possibly its executives) can be held criminally responsible for even misrepresenting *the marketing* of automated driving systems - something that Tesla has done with wanton disregard to public safety.
The UK, also in my understanding, has specific laws carved out for automated driving systems marketing.
The UK is a decade ahead of the US on that issue (and many others).
@adamjcook @mtsw I think the exact legislation hasn't been fully decided yet (its currently planned for 2025) but until it is, no self driving vehicles are currently approved by DVLA (our equivalent of the DMV).
There's already guidance in the Highway Code about how to drive them (and the traffic laws that would apply if doing so)
https://www.gov.uk/guidance/the-highway-code/introduction#self-driving-vehicles