US financial regulatory agency says Musk violated deal

Image
AFP Washington
Last Updated : Feb 26 2019 | 6:45 PM IST

US stock regulators have accused Elon Musk of violating a court-endorsed deal between the electric automaker and the regulatory agency, and this latest apparent slip by the tech wunderkind could cost him dearly.

The action by the powerful Securities and Exchange Commission, with which Musk appears to be doing battle, does not really come as a surprise.

On February 19, he tweeted that Tesla would make 500,000 cars in 2019 -- up from the 400,000 that the company had estimated until then, as it grapples with production problems with the Model 3.

In his latest display of seemingly erratic behavior, Musk corrected himself four hours later.

He said Tesla would indeed produce about 400,000 cars this year. "Meant to say annualized production rate at end of 2019 probably around 500k," he wrote.

The SEC said the tweets violated a deal under which his tweets had to be reviewed prior to being published.

That constraint followed Musk's now famous tweet last year about planning to take the company private, a claim which proved unfounded but rattled markets.

On "February 19, 2019, Musk tweeted, 'Tesla made 0 cars in 2011, but will make around 500k in 2019.' Musk did not seek or receive pre-approval prior to publishing this tweet, which was inaccurate and disseminated to over 24 million people," the SEC said in court filing in New York federal court.

"Musk has thus violated the court's final judgment by engaging in the very conduct that the pre-approval provision of the final judgment was designed to prevent," it said.

Musk took to Twitter to defend himself later Monday, saying the "SEC forgot to read Tesla earnings transcript, which clearly states 350k to 500k." "How embarrassing," he added.

But Musk also spoke of his "great respect for judges."

Disclaimer: No Business Standard Journalist was involved in creation of this content

*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Feb 26 2019 | 6:45 PM IST

Next Story