One of the judicial tests for fraud is intent. Intent is notoriously hard to prove, unless the company committing the fraud has put together a detailed Powerpoint presentation illustrating the purpose and function of the software—which Volkswagen had (apparently unaware of Stringer Bell’s admonition, “Is you taking notes on a criminal fucking conspiracy? The fuck is you thinking, man?” Your annoying friend is right; everyone needs to watch The Wire.)
Mike Monteiro in Ruined by Design