Musk himself wrote in emails at the time: “Three things need to happen to change investor sentiment:
SolarCity solving its liquidity crisis, an LOI with Panasonic to address solar cell production risk, and a joint product demo. Should be able to do all those before the shareholder vote.” (
Tesla's Elon Musk knew SolarCity faced a 'liquidity crisis' at time of 2016 deal, legal documents show )
From
https://arstechnica.com/tech-policy/2019/09/solarcity-was-insolvent-when-tesla-paid-2-6-billion-to-buy-it-lawsuit-says :
"Almost immediately after the acquisition closed, SolarCity's auditors [Ernst & Young] confirmed that SolarCity was, in fact, insolvent," attorneys for the investors argue in their latest filing. E&Y's year-end audit, conducted in January 2017, determined that SolarCity did not have sufficient cash to meet its obligations and could not operate on its own as a going concern.
SolarCity only continued to function because of SpaceX money, the suit alleges:
"As SpaceX's chairman, CEO, CTO, and majority stockholder, Musk caused SpaceX to purchase $90 million in SolarCity bonds in March 2015, $75 million in June 2015, and another $90 million in March 2016. These bond purchases violated SpaceX's own internal policy, and SolarCity was the only public company in which SpaceX made any investments."
"
And should Solar City fail as a company, Space-X would be holding those worthless bonds.
You even agree that Solar City was having trouble raising money thanks to short sellers like Chanos. I don't disagree with that, but Musk's claims at the time about cash flow and the viability of the solar roof product do seem to be inaccurate. Were they intentionally inaccurate? That may be for the courts to decide.