Tesla’s CEO Musk never sought pre-approval for a single tweet: SEC tells the court

PUBLISHED:

See more TechGraph stories in your search results.
Google Add TechGraph on Google

Chief Executive Elon Musk has never sought pre-approval for a single tweet about Tesla Inc since striking a court-approved deal about how to communicate important information about the electric vehicle maker, the top U.S. securities regulator told a judge on Monday.

The Securities and Exchange Commission is doubling down on the government’s demand to find the Tesla CEO in contempt of a previous fraud settlement that required him to have the company pre-approve any tweets that could materially impact the automaker.

- Advertisement -

The ongoing public battle between Tesla’s chief executive and the SEC piles pressure on Musk, the public face of Tesla, who is struggling to make the company profitable after cutting the price of its Model 3 sedan to $35,000.

The SEC said a Feb. 19 tweet that Musk sent to his more than 24 million Twitter followers claiming the electric vehicle-maker would build around 500,000 cars in 2019 was “a blatant violation” of the agreement.

The SEC asked Tesla in late February whether any of Musk’s tweets had been pre-approved since that policy was adopted, according to the filing in federal court in Manhattan.

Tesla responded, after more than two weeks, to say simply: “No.”

“It is therefore stunning to learn that, at the time of filing of the instant motion, Musk had not sought pre-approval for a single one of the numerous tweets about Tesla he published in the months since the court-ordered pre-approval policy went into effect,” the SEC said in the filing.

The regulator last month alleged that Musk had violated a September settlement of fraud charges by tweeting material information about Tesla without pre-approval from the company.

In response, Musk had argued that his “single, immaterial” tweet was in compliance with the settlement, and that the SEC’s push to find him in contempt infringed on his free speech.

Lawyers for Musk said the tweet complied with the company’s communication policy for senior executives and was a “proud and optimistic restatement of publicly disclosed information.”

The SEC said in Monday’s filing that the pre-approval policy agreed in the settlement was designed to include a wide variety of his comments, not just those that were deemed material by the regulator’s standards.

The fraud settlement between Musk, Tesla and the SEC resolved a lawsuit brought by the regulator over claims Musk made on Twitter in August that he had “funding secured” to take Tesla private at $420 per share. The SEC called those tweets “false and misleading” and a go-private deal never materialized.

As part of that settlement, Musk stepped down as the company’s chairman and he and Tesla agreed to pay $20 million each in fines.

Tesla has backed off a plan to close all its U.S. stores and said it will instead raise prices of its higher-end vehicles by about 3 percent on average. Last week, Tesla unveiled its Model Y crossover SUV, targeted to begin production in 2020.

Musk called the regulator the “Shortseller Enrichment Commission” on Twitter after the settlement, and tweeted that “something is broken with SEC oversight” just one day after the agency started pursuing the contempt order.

- Advertisement -

Legal experts have said the SEC could pursue multiple avenues, including a higher fine, imposing further restrictions on Musk’s activities or removing him from Tesla’s board or helm.

Tesla published a new communications policy in December for senior executives as part of the settlement. It called for Tesla’s general counsel and a newly designated in-house securities law attorney to pre-approve any written statements about Tesla that could be material.

A disclosure controls committee, made up of board members Brad Buss, Antonio Gracias and James Murdoch, was tasked with overseeing compliance with the new policy.

The case is U.S. SEC v Elon Musk, U.S. District Court, Southern District of New York, No. 1:18-cv-8865-AJN-GWG.

Stay ahead of the curve, every day.

A daily briefing covering news, interviews, and the trends driving the world forward. Curated for readers who want news, not noise.

We don’t spam! Read our privacy policy for more info.

- Advertisement -
Krishna Mali
Krishna Mali
Founder & Group Editor of TechGraph.

Top Gainers · Global

View all
NamePriceChange
CVSCVS Health $89.13 +4.80%
PYPLPayPal Holdings $55.04 +4.64%
BKNGBooking Holdings $163.95 +4.15%
ABNBAirbnb $157.47 +4.02%
QCOMQUALCOMM $201.97 +3.97%

Latest Stories

Everything About UPI, Teen Patti Variations, and Andar Bahar Tables in 2026

UPI payment methods enable fast deposits at trusted Indian online games featuring Teen Patti variations and Andar Bahar tables. Learn hand rankings, winning odds, side bets, and withdrawal times for secure gaming.

Serhiy Tokarev’s Roosh Ventures Enters Sifted’s Top 50 Ranking

Sifted Ranking: Serhiy Tokarev’s Venture Fund Roosh Ventures Enters the Top 50

How Is AI Creating a New Workplace Divide?

Artificial intelligence is changing the workplace faster than any...

How Digital Payments Fuel India’s IPL Cricket Boom

Anyone who has watched an Indian Premier League (IPL)...

The Biggest Insurance Mistakes Indian Families Continue to Make

Buying insurance in India has never been easier. In...

Related Articles

Everything About UPI, Teen Patti Variations, and Andar Bahar Tables in 2026

UPI payment methods enable fast deposits at trusted Indian online games featuring Teen Patti variations and Andar Bahar tables. Learn hand rankings, winning odds, side bets, and withdrawal times for secure gaming.

Serhiy Tokarev’s Roosh Ventures Enters Sifted’s Top 50 Ranking

Sifted Ranking: Serhiy Tokarev’s Venture Fund Roosh Ventures Enters the Top 50

How Is AI Creating a New Workplace Divide?

Artificial intelligence is changing the workplace faster than any technology we have witnessed in...

How Digital Payments Fuel India’s IPL Cricket Boom

Anyone who has watched an Indian Premier League (IPL) match in a crowded café...

How Causal AI Could Change Financial Decision Making

Every senior finance leader who has sat through more than one board cycle has...

Why India needs AI-powered climate resilience at the local governance level

India does not have one climate typology. It has more than 290 days of...

Keeping Natural Formulas Stable with Biophotonic Glass

Makers of natural products in Northeast Los Angeles spend a great deal of time...

The Rise of the Casual Player: Gaming without the Commitment

When we think about gaming in the past, we often picture people booting up...

Improving Daily Store Operations With Tech: 8 Prime Examples

Nowadays, running a retail store is more demanding than ever. Customers walk in expecting...

The Rise of the Casual Player: Gaming without the Commitment

When we think about gaming in the past, we often picture people booting up...

Improving Daily Store Operations With Tech: 8 Prime Examples

Nowadays, running a retail store is more demanding than ever. Customers walk in expecting...

Choosing an AI Development Partner: 7 Practical Checks

An industrial AI project can produce a convincing demonstration before anyone has answered its...

Javier Olivan Plans $1.04 Million Meta Share Sale

Olivan acquired the shares through restricted stock unit vesting between 2017 and 2026 and has sold nearly 18,800 Meta shares worth approximately $11.57 million over the past three months.

Amazon Inc Raises £4.25 Bn Through Sterling Bond Sale

The offering includes four series of senior notes maturing between 2029 and 2045 and is expected to generate approximately £4.235 billion in net proceeds before offering expenses.

The Biggest Insurance Mistakes Indian Families Continue to Make

Buying insurance in India has never been easier. In just a few taps on a smartphone, anyone can compare plans and purchase coverage within...

Choosing an AI Development Partner: 7 Practical Checks

An industrial AI project can produce a convincing demonstration before anyone has answered its...

Javier Olivan Plans $1.04 Million Meta Share Sale

Olivan acquired the shares through restricted stock unit vesting between 2017 and 2026 and has sold nearly 18,800 Meta shares worth approximately $11.57 million over the past three months.

The Growing Gap Between Education and Employability in Young India

India's demographic dividend has long been regarded as one of our biggest strengths. With...

The Growing Gap Between Education and Employability in Young India

India's demographic dividend has long been regarded as one of our biggest strengths. With...

Amazon Grants 4,086 RSUs to Director Brad Smith

Amazon.com Inc. () director Brad D. Smith has received 4,086 restricted stock units representing...

NVIDIA Awards 172,507 Shares to EVP Nicholas Parker

NVIDIA Corp. () EVP for Worldwide Field Operations Nicholas P. Parker has received 172,507...

Meta CPO Chris Cox Sells Shares Worth $13 Mn

Meta Platforms Inc. () Chief Product Officer Christopher Cox has sold 20,000 shares of...