How would I know? It is not for me to judge, I'm just an observer.

In the past, in the case I was sort-of-involved by being the company insider, it took around 7 years from the time certain executive made certain sales projections to that executive being sentenced for breach of the fiduciary duty. Of that 7 years the company was defunct/bankrupt for 5-6 years.

The difference between the sentenced executive and the other one who weren't charged was, as far as I could tell, only that he was the most secretive whereas the other always kept giving interviews and co-authoring published scientific papers.

The way the lawyers explained it to me is that there's wide gray area between investing and gambling. Obviously there's no such actual charge as "criminal optimism", but it is an useful shorthand to how the courts decide in similar cases.