Hilariously, Intel has a pretty good defense. "It's not fraud, it's just that we're incompetent."
Intel can simply show all the delays and failures, starting with the 14+++++++++ due to the endless 10 nm delays. The argument comes down to: there's no fraud, your honor, we're just bad at tech!
There's endless PowerPoint showing products with the "original" schedules, going back years, that had to be continually updated due to schedule slip or outright cancellations.
So the argument comes down to: we've been very bad at our jobs for years, if this is a surprise, then that's on you.
Of course, INTC would likely settle, without admission of guilty. Because the mountain of C-suite and ELT emails, forced to turn over during discovery, would probably land someone in prison.