Elon Musk, the renowned tech entrepreneur, revealed on social media that the Securities and Exchange Commission (SEC) had presented him with a settlement demand. This disclosure was accompanied by a letter from Musk's legal representative, Alex Spiro of Quinn Emanuel, addressed to SEC Chairman Gary Gensler. The correspondence detailed that the regulatory body had exerted pressure on Musk to accept a settlement agreement, which included a financial penalty, within a 48-hour timeframe or risk facing multiple charges related to "certain transactions and disclosures of Twitter shares." The SEC has been probing potential securities fraud by Musk or his associates in 2022, as the Tesla CEO disposed of shares in his electric vehicle company and increased his stake in Twitter prior to his leveraged acquisition of the platform, now rebranded as X.
Musk expressed his dismay over the SEC's actions with a post on X, which included an emoji depicting a tearful face and a copy of Spiro's letter. In a subsequent post, he requested an AI-generated illustration of Gensler, which humorously depicted the SEC chief as a snail-dressed figure, and Musk commented, "Very flattering, I think!"
A source with knowledge of the investigation, who chose to remain anonymous due to the sensitivity of the matter, informed that while the SEC did extend a settlement offer to Musk, he was actually given more than 48 hours to consider it. The source also indicated that if a settlement could not be reached, charges were not an automatic consequence. Instead, the SEC might issue a Wells notice, which precedes enforcement staff's recommendations to the commissioners, who then decide on whether to initiate legal proceedings.
Gensler, Musk, and Spiro have not responded to CNBC's requests for comment, and an SEC spokesperson stated on Friday that the agency does not comment on "the existence or nonexistence of a possible investigation."
In his letter, Musk's lawyer contended that the SEC has been engaged in "over six years of unwarranted scrutiny" of Musk, including the recent reopening of an investigation into Neuralink, Musk's neurotechnology company. Spiro also mentioned that he had been subpoenaed by the SEC but chose not to comply, accusing the commission of a "campaign against Mr. Musk and those associated with him that is improperly motivated," and inquired whether the White House or the SEC had orchestrated this campaign against his client.
Back in 2018, the SEC filed civil securities fraud charges against Musk following his tweet about considering taking Tesla private at a price of $420 per share with "funding secured." This proposed transaction never came to fruition. As a result, Musk and Tesla each paid $20 million in fines and entered into a revised settlement agreement that temporarily stripped Musk of his chairmanship at Tesla. Since then, Musk has been vocal in his criticism of the SEC.
Musk, who leads Tesla, SpaceX, and X, has also become a significant Republican donor in recent years, contributing to the electoral campaign of then-President Donald Trump. In July of this year, Trump pledged to dismiss the SEC chairman. However, following Trump's electoral victory, Gensler announced his resignation from the position.
In a separate civil lawsuit related to the Twitter deal, which is central to the recent SEC investigation, the Oklahoma Firefighters Pension and Retirement System sued Musk, alleging that he deliberately concealed his incremental investments in the social network and his intention to acquire the company. The pension fund's legal team argued that Musk's failure to disclose his investments and acquisition plans influenced the decisions of other shareholders and put them at a disadvantage.
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