Cointerra blatantly lied about delivery schedule.  They won't even have the chips from the foundry until a week after their "expected" ship date. 

Cointerra 100% knew from day 1 there is no possible way they could ship in December.  Period. 

They could have been honest and sold rigs for late Jan delivery and a much lower price.  But they LIED to their customers so they could charge more per GH/s.

They lied because they wanted to sell "Dec delivery" units at Dec delivery prices.  They "could" have sold Jan delivery units but that would have required much lower prices.

It is fraud, no ifs, ands, or buts about it.

fraud (noun)
1. wrongful or criminal deception intended to result in financial or personal gain.

They criminally deceived their customers using false claims in order to gain from that deception.  Dec delivery was not possible.  It wasn't that it was too optimistic, it is IMPOSSIBLE.  They knew that, yet made the claim anyways because it means more millions in their pockets.

They committed fraud to enrich themselves at the expense of their customers.

Cointerra lied to their customers to overcharge for products they had no ability to deliver.  They increased their selling price 200% at the expense of the customers they lied to.