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

A brief biography of Andy Yeh

Andy Yeh Alpha

2020-11-22 11:30:00 Sunday ET

A brief biography of Andy Yeh

A brief biography of Andy Yeh Andy Yeh is responsible for ensuring maximum sustainable member growth within the Andy Yeh Alpha (AYA) fintech network pla

+See More

What are the mainstream technological advances in the global auto industry?

Chanel Holden

2024-04-30 09:30:00 Tuesday ET

What are the mainstream technological advances in the global auto industry?

With clean and green energy resources and electric vehicles, the global auto industry now navigates at a newer and faster pace. Both BYD and Tesla have

+See More

Bank failure resolution and financial risk management: Silicon Valley Bank, Signature Bank, and First Republic Bank.

Dan Rochefort

2023-05-27 11:30:00 Saturday ET

Bank failure resolution and financial risk management: Silicon Valley Bank, Signature Bank, and First Republic Bank.

Bank failure resolution and financial risk management: Silicon Valley Bank, Signature Bank, and First Republic Bank.   What are the main root cau

+See More

It may be illegal for institutional investors to buy-and-hold large equity stakes in a less competitive industry with high market concentration.

Olivia London

2017-11-27 07:39:00 Monday ET

It may be illegal for institutional investors to buy-and-hold large equity stakes in a less competitive industry with high market concentration.

Is it anti-competitive and illegal for passive indexers and mutual funds to place large stock bets in specific industries with high market concentration? Ha

+See More

President Trump poses new threats to Fed Chair monetary policy independence again.

Apple Boston

2025-06-20 08:27:00 Friday ET

President Trump poses new threats to Fed Chair monetary policy independence again.

President Trump poses new threats to Fed Chair monetary policy independence again. We describe, discuss, and delve into the mainstream reasons, conc

+See More

The May administration needs to seek a fresh fallback option for Halloween Brexit.

Peter Prince

2019-05-15 12:32:00 Wednesday ET

The May administration needs to seek a fresh fallback option for Halloween Brexit.

The May administration needs to seek a fresh fallback option for Halloween Brexit. After the House of Commons rejects Brexit proposals from the May administ

+See More