Earlier quoted context omitted.
The problem is that successful startups often start out claiming that which is impossible. Uber was impossible, because it was illegal. Amazon was impossible, as you couldn't pack and ship stuff that cheaply. Personal computers were at one point considered ludicrous.
This is the SV “fake it ‘till you make it” culture. Right now Tesla is delivering “full self driving” cars that require a human driver at all times. Experts have said that it’s not possible using cameras alone, without LiDAR. Oversell and underdeliver. Fraud works great until it doesn’t.
That clear line is simply "are you telling a material lie about the present?" In Theranos' case, there were numerous instances when Holmes lied about the current capabilities of her company and its tech that she knew to be false. That is very different from making overly optimistic assessments about future capabilities.
Would love to hear any stories about a company that "faked it" when talking about their present day capabilities but we're able to "make it" before the fraud was discovered.