The US SEC Is Intensifying Its Probe of Tesla

Advertisement
By Matt Robinson, Ben Bain, Dana Hull, Bloomberg | Updated: 10 August 2018 16:27 IST

The Securities and Exchange Commission is intensifying its scrutiny of Tesla's public statements in the wake of Elon Musk's provocative tweet Tuesday about taking the electric-car company private, according to two people familiar with the matter.

SEC enforcement attorneys in the San Francisco office were already gathering general information about Tesla's public pronouncements on manufacturing goals and sales targets, according to the people who asked not to be named because the review is private.

Advertisement

Now, attorneys from that office are also examining whether Musk's tweet about having funding secured to buy out the company was meant to be factual, according to one of the people.

The SEC inquiry is preliminary and won't necessarily lead to anything more formal. Tesla, which hasn't been accused of wrongdoing, didn't immediately respond to a request for comment. Judith Burns, an SEC spokeswoman, declined to comment.

Advertisement

The scrutiny adds to pressure on Musk, who has a history of setting sales targets that bulls consider to be aggressive and bears contend are unrealistic. The question for regulators is whether any of his public statements or the company's run afoul of federal securities laws. Generally, the SEC considers statements by executives to be material information that have to be true.

Speculation has been swirling around Tesla and Musk's disclosures amid the yearlong struggle the company had ramping up production of the Model 3 sedan, the first vehicle that the company has attempted to mass manufacture.

Advertisement

One analyst asked during an earnings call earlier this month whether Tesla had received a notice from a regulator that would prevent the company from raising capital. Musk, who's insisted for months that the company wouldn't need to seek more funding this year, replied: "I'm not sure what you're talking about, but there's no such notice from a regulator."

The SEC first ruled on the use of social media for disclosing material information after Netflix CEO Reed Hastings wrote in a July 2012 Facebook post that views on his company's video-streaming service had "exceeded 1 billion hours for the first time." The regulator later determined that Hastings wouldn't face enforcement action and declared most social media "perfectly suitable" for communicating company information as long as investors are alerted and access isn't restricted.

Advertisement

The SEC routinely makes inquiries about companies' activities. In cases where wrongdoing is suspected, an initial review might lead to a formal investigation that could result in companies or individuals being subjected to enforcement action.

Musk's initial post on a possible buyout probably wouldn't be enough to put him in legal jeopardy unless it proved to be false or inaccurate, according to securities lawyers.

Tesla hasn't disclosed any sources of financing for the deal and no one has stepped forward publicly to say they're backing the plan. On Wednesday, less than 24 hours after Musk's initial tweets, company board members said they had been made aware of Musk's plan last week.

© 2018 Bloomberg LP

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Further reading: Elon Musk, Tesla
Advertisement

Related Stories

Popular Mobile Brands
  1. OTT Releases This Week: 24, Band Melam, Nukkad Naatak, Prathichaya, and More
  2. Vivo Y6 5G Debuts With 7,200mAh Battery, 6.75-Inch Screen at This Price
  3. Honor Earbuds 4 With Up to 46 Hours of Total Battery Life Debut Globally
  4. Redmi A7 4G Series With Up to 6,300mAh Battery Goes on Sale in India
  5. Redmi Note 17 Pro Max Leak Reveals Chipset, Camera Details
  6. OnePlus Says This Chip Will Help the Ace 6 Ultra Offer Longer Battery Life
  7. Detailed Oppo Find X9 Ultra Teardown Video Shows Us What's Inside
  8. Leaked Dummy Gives Us an Early Look at the Design of the iPhone 18 Pro Max
  9. Mystery iQOO Smartphone in Development as Tipster Reveals Key Specs
  1. Microsoft Gaming Rebrands to Xbox, Debuts New Logo as Xbox Chief Says Company Reevaluating Exclusive Games
  2. Prathichaya (2026) Now Streaming Online: What You Need to Know
  3. Kelp Exploit Aftermath: DeFi Protocols Join Hands to Restore rsETH Following $293 Million Hack
  4. Microsoft Makes Copilot’s Agentic Features in Word, Excel and PowerPoint Generally Available
  5. OnePlus Ace 6 Ultra Battery Capacity Revealed as Company Teases ‘Energy Concentration’ Chip
  6. Mension House Mallesh Now Available for Streaming Online: Where to Watch This Telugu Romantic Comedy Drama Online?
  7. Redmi A7 4G, Redmi A7 Pro 4G With Unisoc T7250 Chip, 13-Megapixel Rear Camera Go on Sale in India
  8. Xiaomi Mix Fold 5 Reportedly in Development With In-House Xring O3 Chip
  9. Qualcomm Seemingly Confirms Samsung Galaxy S27 Series Will Feature Next-Generation Snapdragon Chips
  10. Ethereum Slips Below $2,300 as Bitcoin Price Steadies Amid Profit Booking
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.