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The SEC’s obsession with Elon Musk’s Twitter is still alive and well

Photo: Boss Hunting.com.au

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Tesla CEO Elon Musk’s Twitter feed was being questioned by SEC regulators last year, as the agency stated that his social media account had violated a court-ordered policy from a 2018 settlement that would require his Tweets to be pre-approved by company lawyers.

After Musk tweeted that he was interested in taking Tesla stock private at $420 a share in 2018, the SEC alleged that the CEO had committed fraud by communicating a potential buyout of the electric car company. The case was later settled by the SEC, Tesla, and Musk, who was required to pay $20 million in fines. Tesla also was required to pay a penalty of the same amount, and the settlement required Musk’s tweets to be examined and approved before he sent them out. Musk was also required to step down as Tesla’s chairman, a position that he would be ineligible to be re-elected to for three years, the SEC settlement said.

Musk paid the penalties and stepped down as the Chairman of the Board. However, in an interview with 60 Minutes, he admitted that he was not having his tweets regulated by company attorneys and that the First Amendment protected his speech. “Twitter is a warzone,” Musk said. “I do not respect the SEC,” he also said in the interview.

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Now, The Wall Street Journal is reporting that it has uncovered several documents from the SEC that indicated that Musk violated the court-ordered pre-approval of his tweets last year. The SEC told Tesla in May 2020 that it had failed “to enforce these procedures and controls despite repeated violations by Mr. Musk.” A former SEC Senior Official named Steven Buchholz signed the letter and stated that Tesla failed to oblige by the settlement that was agreed to.

The WSJ said it obtained the documents through a Freedom of Information Act request.

Musk’s Twitter activity was difficult to regulate. The SEC asked a New York City court to consider holding Musk in contempt of court in February 2019, but the Judge said that the dispute needed to be settled, and the SEC agreed to modify the terms of the settlement. Instead, certain topics would be required for pre-approval and included anything regarding production figures, Tesla’s financials, and potential business ventures. Musk tweeted an update in July 2019 that updated his followers on his expectations for Tesla’s Solar Roof production rate and hoped that the company could manufacture 1,000 units per week by the end of the year.

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Tesla told the SEC that the tweet didn’t require approval because it was “wholly aspirational,” meaning that it was just a hope of Musk’s and that production wouldn’t necessarily reach that level. It was a goal, not an update.

Musk then tweeted that “Tesla’s stock price is too high imo” in May 2020, another tweet that put the SEC into the realm of questioning Musk’s Twitter usage. According to the WSJ, Tesla once again didn’t review the tweet because it was Musk’s opinion.

In response to Tesla’s decision not to review the tweet, the SEC wrote (via Wall Street Journal):

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“In the face of Mr. Musk’s repeated refusals to submit his covered written communications on Twitter to Tesla for pre-approval, we are very concerned by Tesla’s repeated determinations that there have been no policy violations because of purported carve-outs.”

Tesla’s attorneys said later that month that regulators have attempted to “harass Tesla and silence Mr. Musk” with repeated investigations.

Attorney Alex Spiro was concerned that the SEC was simply targeting Musk. “The serial nature of these investigations leaves us gravely concerned that the SEC is targeting Mr. Musk for an improper purpose,” Spiro wrote.

The SEC requested that Tesla reconsider its positions in the investigations to “prevent further shareholder harm.”

A June 2020 letter from the SEC said:

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“We urge the company to reconsider its positions in this matter by acting to implement and enforce disclosure controls and procedures…to prevent further shareholder harm.”

The rivalry between the SEC and Musk continues, it seems, with no real end in sight. Spiro’s claims that the SEC is targeting Musk align with the fact that the agency has repeatedly gone after the Tesla CEO with the basis that he is manipulating stock prices or affecting shareholder integrity. In reality, Musk’s ability to tweet is protected by his First Amendment right, and a shareholder decides to buy or sell a stock, not Musk.

What do you think? Let us know in the comments below, or be sure to email me at joey@teslarati.com or on Twitter @KlenderJoey.

Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Tesla gains massive vote of confidence on compensation plan for Elon Musk

“”The SBA supported Tesla’s 2018 performance award proposal and reaffirmed that support in the 2024 Tesla shareowner vote. The total return on Tesla’s stock after enactment of its 2018 performance award and the prior history of incentive structured plans leads us to strongly support the proposed 2025 CEO performance award.”

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Credit: Tesla

Tesla gained a massive vote of confidence on its proposed $1 trillion compensation plan for CEO Elon Musk from the State Board of Administration of Florida (SBA) on Monday.

On Monday, the SBA submitted a filing to the Securities and Exchange Commission (SEC) stating that it would vote to support Musk’s compensation plan, just as it did with the 2018 performance award and its second vote last year:

“The SBA supported Tesla’s 2018 performance award proposal and reaffirmed that support in the 2024 Tesla shareowner vote. The total return on Tesla’s stock after enactment of its 2018 performance award and the prior history of incentive structured plans leads us to strongly support the proposed 2025 CEO performance award. We believe the proposed award continues to promote an aggressive strategy to align incentives between management and shareowners and focuses solely on pecuniary factors and long-term shareowner value creation.”

This is the first large-scale shareholder that has come out and supported Musk’s potential compensation plan, which was outlined by Tesla and its Board of Directors earlier this month.

Most of the news surrounding Musk’s pay plan has been the opposite of what the SBA said today, as Institutional Shareholder Services (ISS) and Glass Lewis, two proxy firms, said they would be voting against the compensation package.

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Tesla Board Chair defends Elon Musk’s pay plan, slams proxy advisors

Musk replied to their vote last week during the Q3 Earnings Call, calling them “corporate terrorists.”

He said:

“I just don’t feel comfortable building a robot army here and then being ousted because of some asinine recommendations from ISS and Glass Lewis, who have no freaking clue. I mean, those guys are corporate terrorists. The problem, yeah. Let me explain, like, the core problem here is that so many of the index funds, passive funds, vote along the lines of whatever Glass Lewis and ISS recommend. They’ve made many terrible recommendations in the past. If those recommendations had been followed, they would have been extremely destructive to the future of the company.”

SBA’s perspective on the plan relies on what Musk has done in the past decade with Tesla, as he has driven company growth, increased shareholder value, and kept the company on track with its lofty and ambitious goals.

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It also outlined nine reasons to support Musk’s compensation:

  1. Pure Pay for Performance Design – Entirely Performance-Based, aligns with Shareowners
  2. Size of the Award and Share Count – Performance-based allocation, dilution tied to value creation, structured milestone design
  3. Market Capitalization Milestones – Clear, tiered targets, sustained performance requirement, shareholder value focus
  4. Operational/Product Milestones – Clear, quantifiable goals, strategic product focus, financial discipline, multi-quarter evaluation windows
  5. Vesting/Holding Periods – Long-term vesting structure, mandatory holding period, continuous service requirement
  6. CEO Succession – Succession planning requirement, performance integrity safeguard
  7. Time Horizon and Duration – Extended performance window of 10 years, no intermediate vesting
  8. Dilution & Voting Power Implications – Potential for significant ownership increase, permanent dilution
  9. Ambition and Stretch Goals – Extraordinary Scale of Growth, Shareowner value focus

Shareholders will vote on Musk’s compensation package on November 6 at the annual Shareholder Meeting.

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Tesla Optimus gets its latest job, and it’s not in the company’s factories

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Credit: Tesla Optimus | X

Tesla Optimus was spotted in its latest job placement, not at any of the company’s manufacturing or production facilities.

Optimus was instead spotted in New York City at Times Square, handing out Halloween candy to people:

It is not Tesla Optimus’s first gig in the service industry, as it has already secured several employment opportunities through the company’s projects. Last year, it served drinks at the company’s We, Robot day, where the Cybercab and Robovan were unveiled.

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Additionally, Optimus has been helping out at the Tesla Diner in Los Angeles, serving popcorn and greeting guests.

Elon Musk reveals big plans for Tesla Optimus at the Supercharger Diner

Optimus has many capabilities, and its applications can benefit both residential and commercial users. It is designed to be an at-home assistant, helping with tedious, monotonous tasks around the house.

In a commercial setting, Optimus will be programmed to handle everything from manufacturing to other factory-type tasks, as Tesla has already been using the robot in its own factories for smaller jobs.

Optimus has been in development for several years, but Tesla is ready to turn up the heat in terms of its capabilities and engineering as it prepares to launch it to a wider audience in the coming years.

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During the recent Q3 Earnings Call, Tesla CEO Elon Musk gave updates on the Optimus project, highlighting its progress and the company’s current development status.

Musk said that Tesla is “on the cusp of something really tremendous with Optimus, which I think is likely to be, has the potential to be, the biggest product of all time.” He also mentioned that Tesla is in an interesting position because not only has it established itself as one of the biggest car companies in the country, but it’s the only company that manufactures vehicles and has a monumental grasp of the importance of AI and robotics.

“I’m unaware of any robot program by Ford or GM or, you know, by U.S. car companies,” he said.

Musk added that Optimus has some pretty big responsibilities around Tesla’s factories:

“I mean, bringing Optimus to market is an incredibly difficult task, to be clear. It’s not like some walk in the park. At some point, I mean, actually, technically, Optimus can walk in the park right now. We do have Optimus robots that walk around our offices at our engineering headquarters in Palo Alto, California, basically twenty-four hours a day, seven days a week.”

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Right now, it appears Tesla is having its biggest challenge with the Optimus project around the development of its hands and forearms, which Musk called “an incredible thing” on the human body:

“The human hand is an incredible thing. The more you study the human hand, the more incredible you realize it is, and why you need four fingers and a thumb, why the fingers have certain degrees of freedom, why the various muscles are of different strengths, and fingers are of different lengths. It turns out that those are all there for a reason…Making the hand and forearm, because most of the actuators, just like the human hand, the muscles that control your hand are actually primarily in your forearm. The Optimus hand and forearm are an incredibly difficult engineering challenge. I’d say it’s more difficult than the rest of the robot from an electromechanical standpoint.”

Tesla is stumped on how to engineer this Optimus part, but they’re close

Optimus is starting to get more visibility in the public, and Tesla’s move to put it smack dab in the middle of New York City is one that will certainly bring some additional eyes to its development.

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Investor's Corner

Tesla analysts are expecting big things from the stock

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Credit: @AdanGuajardo/X

Tesla analysts are expecting big things from the stock (NASDAQ: TSLA) after many firms made price target adjustments following the Q3 Earnings Call.

Last Wednesday, Tesla reported earnings with record revenue but missed EPS estimates.

It blew delivery expectations out of the water with its strongest quarter in company history, but Tesla’s future relies on the development of autonomous vehicles, robotics, and AI, which many bullish firms highlight as major strengths.

The earnings call reiterated those points, along with the belief that Tesla CEO Elon Musk should be rewarded with a newly proposed pay package that would enable him to gain $1 trillion in wealth if he comes through on a lengthy list of performance tranches.

Nine Wall Street firms made adjustments to their outlook on Tesla shares in the form of price target increases since last Wednesday’s call, all of which are indications of big expectations for the stock moving forward.

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Here are the nine firms that made moves:

  • Truist – $280 to $406, reiterated Hold rating
  • Roth MKM – $395 to $404, reiterated Buy rating
  • Cantor Fitzgerald – $355 to $510, reiterated Overweight rating
  • Deutsche Bank – $435 to $440, reiterated Buy rating
  • Mizhuo – $450 to $485, reiterated Outperform rating
  • New Street Research – $465 to $520, reiterated Buy rating
  • Evercore ISI – $235 to $300, reiterated In Line rating
  • Freedom Capital Markets – $338 to $406, upgraded to Hold rating
  • China Renaissance – $349 to $380, reiterated Hold rating

The boosts in price target are largely due to Tesla’s future projects, as Roth MKM, Cantor Fitzgerald, Mizuho, New Street Research, and Evercore ISI all explicitly mention Tesla’s autonomy, robotics, and AI potential as the main factors for its price target boosts.

Cantor Fitzgerald raises Tesla PT To $510, citing Cybercab, Semi, and AI momentum

It is no surprise that many firms are adjusting their outlook on Tesla shares considerably in an effort to prepare for the company’s transition to even more of a tech company than a car company.

The issue with many analysts is that they treat the company’s vehicle deliveries as the main indicator of value.

However, Tesla has a robust energy division, which was a major contributor to the company’s strong margins and gross profit in Q3, as well as its prowess in robotics and AI.

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Additionally, the company is seen as a key player in the autonomy field, especially after launching driverless rides on a Robotaxi platform in Austin and expanding a similar program in the Bay Area.

Tesla shares were up over 5 percent at 12:18 p.m. on the East Coast.

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