> If someone went for coffee with 26th US secretary of defense for the united states of america and explained how it would be useful for the military, and that person said it would be and they could easily have the military look at testing it, I don't believe it would be uncommon for a founder to then turn around and say to an investor "the military is going to be running a test with our equipment", I wouldn't traditionally expect then to have the possibility of being prosecuted for wire fraud hanging over me if my startup failed.

I think the crucial distinction between a slight stretch like you describe and what Holmes did is the tense: the military is going to test our product vs. the military is testing our product (which did not, uh, exactly exist then). One is a rosy forecast and the other is just a lie.