Without the benefit of any actual research, I agree that the safe harbor statement about forward-looking statements should not protect someone who 100% knew (at the time of the statement) that the predicted future would not materialize. Proving that would be tricky, but not impossible. I don't care enough at the moment to research the legal issue, but I suspect that the cases would bear out the legal principle.
I am an amateur at this, and it would be unwise to rely on my opinions without your own independent confirmation in consultation with an investment professional.