The money is fully refundable, and the people who signed up agreed to the terms. There is no fraud there. They can still get their money back if they are tired of waiting.
If you make someone sign a contract promising a product and you strongly indicate it will be delivered by a certain date, it’s still fraud if you know it won’t be delivered by that date even if the contract says that the date is just a suggestion.
I mean, that’s actually the very definition of fraud. Getting someone to sign a contract by deceiving them.
Of course, it’s hard to prove that someone knew that they were lying, which is why fraud is hard to prosecute. But it’s amazing seeing Tesla fans go out of their way to take bullets so Tesla doesn’t even suffer the social consequences their fraud should cause them for absolutely nothing.
So you've proven is not fraud. You would have to prove that they knew they couldn't deliver it by that date. And you can't do that with any available information.
https://www.google.com/search?q=telsa+diversion+team