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

Date:

Trending

- Advertisement -

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.

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.

- Advertisement -

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.

- Advertisement -

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.

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.

THE SNAPSHOTS

Sign up to get quick snaps of everyday happening, directly in your inbox.

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

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

More Latest Stories

More Articles

Why India Must Own Its Education Intelligence Stack

India has rapidly digitised large parts of its education ecosystem over the last decade. But digitisation alone does not improve learning outcomes. The next...

AI and Fake Content: Can Technology Win the Battle Against Misinformation?

Artificial Intelligence has transformed how content is created, manipulated, and distributed at scale. News, video, photos, and opinions are now shared across different platforms within seconds. This increased speed and the accessibility of communication thanks to Artificial Intelligence has created an unprecedented challenge for...

Why Micro Learning at 3 Minutes Works Better Than Lectures at 3 Hours

In the fast-moving world of digital education, there is one myth that continues to...

More Than Just a Scratch: The Importance of Windshield Care

Maintaining your vehicle’s windshield often appears as a seemingly minor task that can easily...

How Location Data Storage Technology is Making City Travel Smoother

India’s mobility ecosystem is undergoing a quiet but powerful transformation, driven not just by...

Can Intelligent Optimization Redefine How Businesses Solve Their Toughest Problems?

The modern enterprise is no longer just a business; it is a complex, hyper-connected...

Infrastructure 4.0: How AI & Predictive Analytics Are Transforming Real Estate

The new era of technology and innovation has changed operations in many industries. The...

The Rise of Integrated Solar Tech Ecosystems in India

India’s clean energy is all about building an ecosystem that is interconnected with various...

The world’s largest crypto market is building in the dark

India remains one of the few significant economies without a comprehensive crypto and stablecoin policy framework despite leading the world in crypto adoption for...

Beyond Nvidia: The Hidden Winners of the AI Stock Rally

Nvidia stock (NASDAQ:NVDA) has returned roughly 1,200% since ChatGPT launched in late 2022. Most...

What PM Modi’s Appeal to Avoid Gold Buying Could Mean for India’s Jewellery Economy

When Prime Minister Narendra Modi recently urged citizens to avoid purchasing gold for a...

Practo Names Srijesh Kumar as Global CPTO

India-based online doctor consulting platform, Practo has announced the appointment of Srijesh Kumar as...

The Business of Recycling: Profit, Waste, and Sustainability

The business of recycling stands at the intersection of environmental responsibility and economic opportunity....

MochaTrade Raises Pre-Seed Funding From Y Combinator and Pioneer Fund

MochaTrade, a global trading platform focused on offering perpetual futures linked to U.S. stocks, commodities, and indices, has raised an undisclosed pre-seed funding round...

Borade AI Founder Shiv Kumar Borade on Building an AI Growth Engine for Small Businesses

Speaking with TechGraph, Shiv Kumar Borade, Founder & CMD of Borade.AI, discussed how many growing businesses continue to struggle with disconnected software tools that add operational complexity instead of simplifying day-to-day growth, and explained how Borade.AI was built as a centralized platform that brings...

When AI-Generated Documentation Hurts More Than Helps

AI-generated documentation has quickly become a selling point for modern SaaS and developer platforms,...

How Agentic AI Is Personalising the End to End Salon Experience

Walk into a salon today, and more often than not, the experience still depends...

Gen Z Shops Differently: How E-commerce Backend Systems Are Adapting to ‘Always-On’ Buying

Gen Z’s influence is not limited to new preferences for purchases. It has redefined...

Reframing AR for Consumers: Luxid Tech’s Siddhant Agarwal on Building Screen-First Smart Glasses for Everyday Use

Speaking with TechGraph, Siddhant Agarwal, Founder of Luxid Tech, discussed how the AR and...

How Tech-Driven Hiring Models Are Closing India’s Employability Gap

The paradox of employment in India becomes increasingly pronounced every year, as many students...

Bihar Police, Vehant Technologies Partners to Deploy Screening Systems Across 40 Courts

In a bid to enhance safety and security across court premises for judges, lawyers,...

Refurbished Electronics Platform Grest Secures FDI from Japan’s ICMG in Pre-Series A Round

Grest, an India-based premium refurbished electronics platform, has secured foreign direct investment from ICMG...

The IoT Platform Market Just Consolidated: Smart Integrators Are Looking Elsewhere

Three platforms changed owners in 15 months. Your stack didn't change. Your risk profile did.

Meta Platforms, Broadcom Partners to Co-Develop Multi-Gen Silicon AI Chips

Facebook parent Meta Platforms (NASDAQ: META) has expanded its partnership with Broadcom to co-develop...

Practo Names Srijesh Kumar as Global CPTO

India-based online doctor consulting platform, Practo has announced the appointment of Srijesh Kumar as...

“Budget should focus on reducing taxes on capital gains,” Says Abhishek Gupta of Hex N Bit

Speaking in the upcoming Union Budget 2021, Abhishek Gupta, Founder, and CEO, Hex N...

“China is a Global thief” Rep. Tom Rice on Uyghur Forced Labor Prevention Act

Speaking at the House on Uyghur Forced Labor Prevention Act, Rep. Tom Rice (R-SC)...

Why Ontarex.com Is Gaining Canadian Investor Attention

In recent months, Ontarex has started to attract noticeable attention from Canadian investors. As...

What India’s developers are building in crypto despite regulatory uncertainty

India’s crypto story has largely been framed through the lens of investment and regulation....

The Business of Recycling: Profit, Waste, and Sustainability

The business of recycling stands at the intersection of environmental responsibility and economic opportunity....

Alphabet Discloses $2.14 Billion in Public Equity Holdings as of June 30

Alphabet Inc. disclosed $2.14 billion in equity securities held across 39 positions as of...

Gaming for Good: Boosting the Indian Gaming Community through Technology

The Indian gaming industry is transforming remarkably, driven by technological advancement and a growing...

India to generate $100 bn from telephonic investments

India expects to attract $100 billion in investments in the telecom sector, a union...