Elon Musk Tells The Sec To ..well, You Can Work It Out

So it’s not hard to imagine Musk continuing to tweet out production estimates without legal review, arguing that they’re close enough to Tesla’s official guidance that he doesn’t need a lawyer’s approval. But rather than immediately punishing Musk, Nathan earlier this month ordered the parties to go back to the negotiating table.

Now, Musk and the SEC have submitted a revision of last September’s settlement that is a lot more specific about which statements require review by Tesla’s lawyers. In February, Musk tweeted that Tesla “will make around 500k in 2019.” Hours later, he followed up with a clarifying tweet, stating that he “meant to say annualized production rate at end of 2019 probably around 500k.” Musk didn’t get this tweet cleared by Tesla lawyers. The SEC viewed that as a violation of the agreement and asked Judge Nathan to hold Musk in contempt. Musk caused a spike on Wednesday by tweeting a photoshopped image of the cryptocurrency’s canine mascot planting a Dogecoin flag on the moon. He’s also moved the market by claiming he bought some Dogecoin for his infant son and raising concerns about “concentration” of the coin’s ownership. Financial news service First Squawk reported the probe’s existence in a Thursday tweet, citing unnamed “sources familiar with the matter.” But the outlet didn’t provide any further details and no other reports have confirmed the purported investigation.

  • When Musk tweeted again last month about Tesla’s production rate, the market was already closed, and he tweeted the correction before the market reopened.
  • The complaint highlighted several Musk posts on social media platform Twitter, including his assessment last May 1 that Tesla’s stock price was “too high,” prompting a more than $13 billion tumble in Tesla’s market value.
  • The SEC sued Musk last year after he tweeted on 7 August that he had “funding secured” to take Tesla private at $420 a share.

National Anthem to quotes from poet Dylan Thomas and a claim that he will sell all of his possessions. Musk later told the Wall Street Journal in an email that he was not joking and that his tweets were not vetted in advance.

Securities and Exchange Commission, which intensified around the time he tweeted he’s “considering taking Tesla private” without anything to back it up, it’s pretty easy to work out what Musk meant with this one. Elon Musk is tweeting again, and this time, there are no words, both literally and figuratively. At a court hearing on 4 April, a lawyer for the SEC said that if Musk were found in contempt, the agency would ask the judge to require him to submit regular reports about his Twitter use, and to pay a series of progressively higher fines for any future violations. If it is approved by a judge, the deal means the Tesla founder no longer faces the prospect of being held in contempt for violating an earlier settlement with the agency that required him to submit any of his public statements that would be material to investors for prior review. Mind you, just the day before, on Feb. 19, Musk had tweeted the gaffe over production numbers, including those for its Model 3. He later tried to correct the tweet, but to no avail to observers who knew this would raise the SEC’s ire.

Tesla Investor Sues Elon Musk For ‘erratic’ Tweets That Cost Billions

“Musk’s other tweets included lyrics from the Star Spangled Banner, a tweet that his girlfriend Grimes was mad at him, and several tweets that he was going to sell all of his material possessions.” To back that up, the lawsuit draws on documents and internal emails extracted from Tesla via Delaware’s shareholder disclosure law, which are currently redacted to the public. A judge upheld Mr Gharrity’s request last March, ordering Tesla to hand over documents relating to Mr Musk’s tweets from April through September 2018. The lawsuit was filed even though Tesla’s share price has soared nearly fivefold since Musk’s “too high” tweet, giving Tesla a valuation well above $600 billion, and the SEC has not publicly accused Musk of recent violations. The April 2019 agreement was the product of a years-long fight between Musk and the SEC that began after his infamous August 7, 2018 tweet in which he stated the company had “funding secured” for a private takeover at $420 per share.

elon musk sec tweet

A Tesla investor is suing the company board and Musk for continuing to send “erratic tweets” that violate a settlement with the U.S. Securities and Exchange Commission that requires oversight of his social media activities.

Compare The 2021 Tesla Model Y Side

What, if anything, that tweet has to do with the SEC’s move is anyone’s guess. CCN.com reported about the latest tweet from Musk that would likely land him in hot water with the SEC. Musk has been tweeting relentlessly about Dogecoin since February 4, which was subsequently followed by endorsements from rapper Snoop Dogg and Kiss rocker Gene Simmons.

Securities and Exchange Commission investigation into his tweets promoting the ‘joke’ cryptocurrency Dogecoin. These comments appeared to have had a positive impact on dogecoin’s price, but its notorious volatility means such spikes are often followed by a crash. Mr Musk has frequently shared images and memes relating to dogecoin in recent weeks, most recently on 24 February when he shared a mocked up image of a shiba inu dog in a spacesuit planting a dogecoin flag on the moon.

Timeline: How Musk Teased Cryptocurrencies Over The Years

The Securities and Exchange Commission today charged Elon Musk, CEO and Chairman of Silicon Valley-based Tesla Inc., with securities fraud for a series of false and misleading tweets about a potential transaction to take Tesla private. The SEC sued Musk last year after he tweeted on 7 August that he had “funding secured” to take Tesla private at $420 a share.

elon musk sec tweet

As a result, he didn’t seek legal review for any tweets in the first few months the agreement was in effect. Musk’s lawyers have argued that the tweet did not contain new information that was material to investors, and that Musk did not need pre-approval for all tweets about Tesla under the settlement. The love, hate relationship between Tesla CEO Elon Musk and the SEC reached a new level Monday. The regulator called for Musk to be held in contempt for violating a previous judgment related to his penchant to tweet info that runs afoul of securities rules. Musk first started tweeting about Dogecoin on February 4 and the cryptocurrency’s price has been surging ever since, sparking concern over the billionaire’s ability to move markets.

Musk settled the lawsuit, agreeing to step down as chairman and have the company’s lawyers pre-approve written communications, including tweets with material information about the company. The SEC (U.S.Securities and Exchange Commission) filed a contempt order against Musk. It noted specifically that he violated a fraud settlement by tweeting material information without preapproval. Musk’s first Dogecoin tweets on February 4 included a picture of a rocket soaring past the moon with the caption ‘Doge,’ and an image from the Lion King that showed himself holding up the dog from the Doge meme. Musk made his enthusiasm for cryptocurrency clear after Tesla revealed a $1.5 billion investment in Bitcoin, which reached record highs on the news but has since pared gains, dragging Tesla shares to a loss for the year on Tuesday.

The lawsuit, which was first reported by Bloomberg, claims Musk is exposing the company to potential fines and penalties from regulators and could drive down its share price. The lawsuit names the board for failing to control Musk’s behavior, which puts the company at risk. sent shares into a free fall — nearly 12% in the half-hour following his stock price tweets. The tweet was one of many sent out in rapid fire that day, covering a variety of topics and demands “give people back their freedom” and lines from the U.S.

Elon Musk Says Sec Probe Of Dogecoin Tweets Would Be awesome

The price of dogecoin dropped nearly 10 per cent after the report emerged, though this may have been the result of a wider market trend that saw other cryptocurrencies like bitcoin and Ethereum lose value in similar increments overnight. Nor did it have sufficient processes in place to that Musk’s tweets were accurate or complete. Mr Musk has frequently skirmished with the SEC, which ruled in 2018 that he had misled investors by claiming that he had secured a buyout deal to take Tesla off the public stock market at $420 per share. The complaint highlighted several Musk posts on Twitter, including his assessment that Tesla’s stock price was “too high.” This latest lawsuit alleges that Musk’s tweeting violates the April 2019 judgment and betrays his, and the board’s, fiduciary duty. The fight was reignited after Musk sent a tweet on February 19, 2019 that Tesla would produce “around” 500,000 cars that year, correcting himself hours later to clarify that he meant the company would be producing at an annualized rate of 500,000 vehicles by year’s end.

The agency said the tweet, which sent the electric automaker’s share price up as much as 13.3%, violated securities laws. Musk’s privatization plan was at best in an early stage and financing was not in place. The SEC found Musk’s “misleading tweets” had caused Tesla’s stock price to jump by more than 6% on Aug. 7, 2018. The misleading tweets caused Tesla’s stock price to jump by more than 6% on that date, according to the SEC.

elon musk sec tweet

An accusation that has resulted in further legal action.All of this is clearly an unnecessary distraction and while $40 million will hardly register on Elon Musk’s or Tesla’s financial accounts, it does add to legitimate concerns about strategic and operational distractions. Elon Musk has reached a deal with the Securities and Exchange Commission, the two parties said in a legal filing on Friday. The new agreement provides much more detailed guidance about when tweets and other public statements by Musk must be approved by Tesla lawyers. Musk’s Twitter posts have indeed helped drive up the price of Dogecoin, whose value has surged more than 800 percent this year even though it started as a joke based on an internet meme of a Shiba Inu dog. Musk’s playing with fire here, though his gross joke is probably less risky than the “taking Tesla private” tweet, which significantly affected Tesla’s stock price. Musk is clearly taunting the SEC and Tesla shorters after Tesla stock price hit an all-time high of $1,221.48 yesterday, making Tesla the most valuable carmaker globally. In February, the SEC accused Musk of violating that settlement by sending a tweet about Tesla’s production that had not been vetted by the company’s attorneys, and asked the US district judge Alison Nathan in Manhattan to hold him in contempt.

How Social Media Comes Into Play

Despite those tweets, Tesla’s shares have increased almost fivefold since May 2020. Last May, however, Mr Musk tweeted in casual language that he thought the price of Tesla shares was “too high”, immediately wiping $14bn from the company’s market capitalisation. Mr Gharrity’s lawsuit focuses on that tweet, quoting redacted details of internal meetings that followed it. Tesla Chief Executive Elon Musk has been sued by a shareholder who accused him of violating his 2018 settlement with the U.S. On August 7, 2018, Musk tweeted to his 22 million Twitter followers that he could take Tesla private at $420 per share , that funding for the transaction had been secured, and that the only remaining uncertainty was a shareholder vote. The SEC’s complaint alleges that, in truth, Musk had not discussed specific deal terms with any potential financing partners, and he allegedly knew that the potential transaction was uncertain and subject to numerous contingencies. According to the SEC’s complaint, Musk’s tweets caused Tesla’s stock price to jump by over six percent on August 7, and led to significant market disruption.

“Headlines, tweets and endorsements are leading the masses to invest in cryptocurrency in an aim to get rich quick, but many are overlooking the volatility of the market, leading to big losses,” said Natasha Wren, a senior account executive at The PHA Group. He and Tesla each agreed the following month to pay $20 million in civil fines to settle with the regulator, and Musk agreed to have Tesla lawyers vet some of his tweets in advance. Tesla chief executive Elon Musk and the board of the electric car company have been sued by a shareholder who accused Musk of violating his 2018 settlement with the Securities and Exchange Commission over his Twitter use. They are likely to focus on whether an inaccurate tweet moved the stock market or created an unlevel playing field, said Liftik, who worked on the 2013 SEC rule relating to social media. Musk had tweeted in August that he secured funding to take Tesla private at $420 per share.

‘Bought some Dogecoin for lil X, so he can be a toddler hodler,’ he tweeted alongside a video of his son sitting on the floor. He settled with the SEC over the complaints, which were spurred by a tweet musing about taking the company private, and another sharing production projections. In a recent question-and-answer session on the Clubhouse app, Mr Musk said that his posts were “just meant to be jokes”, but added that “fate loves irony”. The cryptocurrency’s price often appears to move following endorsements from the technology billionaire, who once changed his Twitter profile to read, “CEO of Dogecoin”. Elon Musk is reportedly under investigation by US regulators over his frequent Twitter posts relating to the fringe cryptocurrency dogecoin.

All of this conspires to show that micro-sized communications, 280 characters at a time, can be costly indeed with outsized effects. The SEC says that if the judge signs off on these new terms, the SEC will drop its request for Musk to be held in contempt.

Funding had not been secured, although Musk later said he was talking to a Saudi sovereign wealth fund and thought the funding would come through. The settlement was later amended to clarify when pre-approvals were required, prompted by a unvetted tweet by Musk about Tesla’s vehicle production forecast.

Earlier this month, Musk revealed that that he had purchased an undisclosed amount of Dogecoin for his nine-month-old son X Æ A-Xii, who he shares with musician Grimes. Musk has been tweeting relentlessly this month promoting the ‘joke’ cryptocurrency, and the price of Dogecoin jumped once again after his latest salvo. However, lawyers have remarked that Musk’s tweets are likely to draw SEC scrutiny, given Tesla’s recently announced $1.5 billion Bitcoin stake and his role as chief executive of the publicly traded company. Cryptocurrencies are not regulated in the same way, and Musk’s tweets about Dogecoin are unlikely to be a violation of any law or regulation, regardless of whether he owns the cryptocurrency. Publicly traded companies are regulated in how they provide forward-looking statements, in order to ensure investors have equal access to news that can move share prices significantly. A spokesman for the SEC declined to comment on Thursday when asked by DailyMail.com whether he could confirm plans to investigate Musk’s Dogecoin tweets. It would be awesome,’ tweeted Musk, 49, on Thursday, responding to unconfirmed online rumors that the SEC planned to probe his frenzy of tweets this month touting Dogecoin.

Only more aggravating was the requirement that Musk seek approval from a newly-created overseer charged with reviewing anything he posts to social media, including Twitter. However, the settlement also stripped him of his chairman title, which likely stung his ego a bit.

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