Elon Musk Sued By Tesla Shareholder Over His Tweets That Seemingly Violates The SEC Settlement

      

Posted By - Marcia Kelsey

 

 

Image Credit – Economic Times

 

A shareholder of Tesla Inc has issued a legal complaint against the chief executive of the company, Elon Musk on this Thursday. The investor has claimed that Musk has violated the settlement with the U.S. Securities and Exchange that happened in 2018.

The entire complaint had been bought due to the ‘erratic’ tweets by Musk. The lawsuit was filed in Delaware Chancery Court. The investor has included the company’s board as defendants in the complaint. Apart from Musk’s tweets, he also claimed that the directors at Tesla failed to make him act in accordance with the SEC settlement. This has led investors to lose billions of dollars.

In the complaint, the main focus was on the Twitter posts made by Elon Musk, especially the one where he made an evaluation last May 1 that the stake price of the company was ‘too high’. This caused an over $13 billion fall in the market value of the company.

The plaintiff in the case claimed that Musk’s tweets are responsible for ‘substantial financial harm’ of the investors. And he also mentioned that the directors at the company remained inactive during the process. He demands that the company should pay Palo Alto, California-based Tesla for the financial damage that they have caused and the fiduciary duties that they have avoided.

After Musk’s ‘too high’ tweet, the share prices of the company have amplified five times. It has caused Tesla’s valuation to reach more than $600 billion and still the lawsuit was filed. The SEC has not brought any complaint against Musk publically.

A corporate governance specialist and a University of Delaware professor, Charles Elson said ‘It could pressure the SEC into taking some sort of recourse.’

Tesla was approached to make a comment on the matter on Friday, but the company has not responded still. Musk’s lawyers on the case and the SEC also had not responded on the matter.

The SEC settlement accused Elon Musk of his 2018 tweet where he assured that he had ‘funding secured’ most probably to do a $72 billion transaction. The truth is that Musk was not even close to that.

Musk and his company Tesla had to pay $20 million each as civil fines. Tesla’s lawyers have settled to examine Musk’s tweets in advance.

Some changes were made in the settlement to make it clear when the pre-approvals were needed. It was caused by one of Musk’s unexamined tweets about Tesla’s vehicle production forecast.

A San Francisco federal judge revealed that both Musk and Tesla should face a lawsuit as Musk’s ‘going private’ tweet has swindled the investors. That case is still pending.