The Securities and Exchange Commission is suing Tesla CEO Elon Musk for allegedly misleading markets through his August tweet on taking Tesla private. The SEC is asking a federal judge to prevent Musk from serving as an officer or a director of a public company, among other penalties.
According to the SEC, Musk had not even discussed any important deal term (such as price) with any private funding source – an allegation that denounces Musk’s August 7 tweet of “funding secured” at a per-share price of “$420”. Elon Musk however made a U-turn within only a few weeks of posting the tweet: he said that he would like Tesla to remain a public company after considering shareholders’ opinions. Musk also mentioned that his previous tweet on securing funding was based on talks with Saudi Arabia's sovereign wealth fund, which he claimed had nudged him into taking the company private and offered additional investment in Tesla.
Nevertheless, the SEC is in no mood to pardon Musk’s tweet, and alleges that the “$420” per share figure was only inspired by “the number's significance in marijuana culture" and that he thought his girlfriend (musician Grimes) would find it funny. Elon Musk had not consulted with any board member or employee before posting the August 7 tweet, according to the SEC.
Elon Musk said "This unjustified action by the SEC leaves me deeply saddened and disappointed". He added, "I have always taken action in the best interests of truth, transparency and investors. Integrity is the most important value in my life and the facts will show I never compromised this in any way."
But Tesla’s board members seem to be supportive of Elon. They said they are "are fully confident in Elon, his integrity, and his leadership of the company." "Our focus remains on the continued ramp of Model 3 production and delivering for our customers, shareholders and employees," their statement said.
Tesla's stock soared nearly 9% following his August 7 tweet, but has largely declined thereafter. Tesla's stock dropped more than 11% in after-hours trading Thursday.