The SEC sues Elon Musk for his August 2018 tweet that he has secured external finance to convert Tesla into a private company.

Amy Hamilton

2018-09-29 12:39:00 Sat ET

The Securities and Exchange Commission (S.E.C.) sues Elon Musk for his August 2018 tweet that he has secured external finance to convert Tesla into a private company. Federal regulators accuse Musk of misleading stock market investors with false public statements. This regulatory move can potentially oust Musk out of his current chief executive leadership at the electric carmaker Tesla. The S.E.C. files a recent lawsuit in the federal court in New York to accuse Musk of committing fraud by making false public statements that may inadvertently be detrimental to shareholder value.

This lawsuit seeks to bar Musk, who is both the CEO and executive chairman at Tesla, from serving as an executive director of public corporations such as Tesla. This punishment is one of the most serious remedies that the S.E.C. can impose against corporate executive incumbents. From a regulatory viewpoint, Musk might be reckless in not knowing the fact that his public statements can mislead stock market investors who maintain an active interest in Tesla shares. Both in truth and in fact, Musk has never confirmed any key deal terms such as deal price and stock exchange etc with any relevant source of external finance. Tesla shares tumble 12% in direct response to this S.E.C. lawsuit.

The S.E.C. eventually settles this lawsuit with Elon Musk who has to relinquish his chairman role but remains the CEO with complete corporate control at Tesla.

As part of this swift legal settlement, Musk and Tesla have to pay hefty fines of $20 million each. Musk and Tesla neither admit nor deny any egregious mistakes that the S.E.C. alleges in recent times.

Elon Musk ultimately has to abort his previous plan to transform Tesla into a private company. This case sets a landmark precedent for CEOs and executive chairmen who might inadvertently erode shareholder value via their erroneous tweets, public statements, articles, blogs, and posts etc.

S.E.C. regulatory scrutiny and oversight thus serve as a safety valve that prevents CEOs and executive chairmen or chairwomen from social engagement that might result in false public statements.

 


If any of our AYA Analytica financial health memos (FHM), blog posts, ebooks, newsletters, and notifications etc, or any other form of online content curation, involves potential copyright concerns, please feel free to contact us at service@ayafintech.network so that we can remove relevant content in response to any such request within a reasonable time frame.

Blog+More

Dr Kai-Fu Lee praises China as the next epicenter of artificial intelligence and smart data analysis.

Peter Prince

2017-12-01 06:30:00 Friday ET

Dr Kai-Fu Lee praises China as the next epicenter of artificial intelligence and smart data analysis.

Dr Kai-Fu Lee praises China as the next epicenter of artificial intelligence, smart data analysis, and robotic automation. With prior IT careers at Apple, M

+See More

President Donald Trump delivers his first state-of-the-union address.

Daphne Basel

2018-01-29 07:38:00 Monday ET

President Donald Trump delivers his first state-of-the-union address.

President Donald Trump delivers his first state-of-the-union address. Several key highlights touch on economic issues from fiscal stimulus and trade protect

+See More

Is Bitcoin a legitimate (crypto)currency or a new bubble waiting to implode?

Monica McNeil

2017-11-24 08:41:00 Friday ET

Is Bitcoin a legitimate (crypto)currency or a new bubble waiting to implode?

Is Bitcoin a legitimate (crypto)currency or a new bubble waiting to implode? As its prices skyrocket, bankers, pundits, and investors increasingly take side

+See More

Our proprietary alpha investment model outperforms most stock market indices from 2017 to 2020.

Andy Yeh Alpha

2020-02-02 10:31:00 Sunday ET

Our proprietary alpha investment model outperforms most stock market indices from 2017 to 2020.

Our proprietary alpha investment model outperforms the major stock market benchmarks such as S&P 500, MSCI, Dow Jones, and Nasdaq. We implement

+See More

Net neutrality rules continue to revolve around the Trump administration's current IT agenda of 5G telecom transformation.

Becky Berkman

2018-05-15 08:40:00 Tuesday ET

Net neutrality rules continue to revolve around the Trump administration's current IT agenda of 5G telecom transformation.

Net neutrality rules continue to revolve around the Trump administration's current IT agenda of 5G telecom transformation. Republican Senate passes the

+See More

These famous quotes of self-made billionaires are inspirational words of wisdom on investment management.

Joseph Corr

2017-06-27 05:40:00 Tuesday ET

These famous quotes of self-made billionaires are inspirational words of wisdom on investment management.

These famous quotes of self-made billionaires are inspirational words of wisdom on financial management, innovation, and entrepreneurship. For financial

+See More