zlacker

Harm can be all sorts of things, but taking money under false pretenses would qualify. Certainly doesn’t ensure Musk wins, but it’s enough to at least take a shot at beginning proceedings.

As for lawsuit vs criminal prosecution, the waters there are somewhat muddied. Consider the OJ case, where he was acquitted in the criminal trial and then found liable in the civil trial. Really bizarre stuff.

Personally I do think more things should be pursued criminally, but instead we seem to just be content to trade money through the courts, like an exorbitant and agonizing form of weregild.