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.

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.

Advertisement

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. Apple to Reportedly Launch Low-Cost MacBook in 'Playful Colors' in March
  2. Vivo X300 FE Reportedly Bags IMDA and TUV Certifications Ahead of Launch
  3. Samsung Galaxy S26+ Reportedly Listed for Sale Online Ahead of Launch
  4. Anthropic's First Indian Office in Bengaluru Is Now Open
  5. Lava Bold N2 Will Be Launched in India on This Date: See Expected Specs
  6. Oppo K14x 5G With 6,500mAh Battery Goes on Sale in India: See Price, Offers
  7. Deals on iPhone 17, Google Pixel 10 and More During Flipkart Sale
  8. AI Impact Summit: From Registration to Schedule, All You Need to Know
  9. Samsung Galaxy A27 5G Lands on IMEI Database, Could Launch Soon
  10. Tecno Spark 50 4G Launch Timeline, Design, Colourways, Key Features Leaked
  1. X Building Smart 'Cashtags' to Let Users Check Cryptocurrency Prices in Real-Time
  2. Samsung Galaxy A27 5G Listing on IMEI Database Suggests a Galaxy A26 Successor Is on the Way
  3. Anthropic Inaugurates First Indian Office in Bengaluru, Starts Hiring Local Talent
  4. Apple Tipped to Adopt Samsung's Privacy Display Technology for MacBook Models by 2029
  5. Oppo Find X10 Series Tipped to Launch in H2 2026 With Built-In Magnets for Wireless Charging
  6. AMD and TCS to Co-Develop Helios AI Data Centre Architecture, Deliver 200MW Data Centre Blueprint
  7. Tecno Spark 50 4G Tipped to Launch Globally Soon; Design, Colourways, Key Features Leaked
  8. Lava Bold N2 India Launch Date Revealed; Will Be Exclusively Available via Amazon
  9. Government Green Lights Rs. 10,000 Crore Fund of Funds 2.0 Under the Startup India Mission
  10. Samsung’s 'Wide' Galaxy Z Fold Design Revealed via Leaked One UI 9 Animations
Gadgets 360 is available in
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.