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SEC charges BMW for misleading investors on US auto sales

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The Securities and Exchange Commission (SEC) has pressed charges against German automaker BMW AG, along with its domestic subsidiaries BMW of North America (BMW NA) and BMW US Capital, for misleading investors on US auto sales numbers.

“BMW inflated its reported retail sales in the U.S., which helped BMW close the gap between its actual retail sales volume and internal targets and publicly maintain a leading retail sales position relative to other premium automotive companies,” the SEC press release reporting the charges detailed.

The agency’s investigation found that BWM NA maintained an internal “bank” of unreported retail vehicle sales to use as needed for meeting monthly sales targets irregardless of the actual sale date. Also, BMW NA was found to have paid dealers to designate vehicles as “demos” or “loaners” in order to inflate sales numbers. These practices amounted to material misstatements and omissions to investors.

BMW i4 electric concept. (Credit: BMW)

“Through its repeated disclosure failures, BMW misled investors about its U.S. retail sales performance and customer demand for BMW vehicles in the U.S. market while raising capital in the U.S.,” explained Stephanie Avakian, Director of the SEC Division of Enforcement.

Approximately $18 billion dollars in bond offerings were gained by the companies during a 2015-2019 timeframe of repeated disclosure failures. The SEC’s order found that BMW and its subsidiaries violated antifraud provisions of Sections 17(a)(2) and (3) of the Securities Act of 1933. All parties agreed to a joint penalty of $18 million and to cease and desist from future violations without admitting or denying the SEC findings.

BMW previously reported 2.5 million vehicle sales across its BMW, Mini, and Rolls-Royce brands in 2019, a 1.2% increase from 2018. The German automaker has also taken cues from Tesla in offering subscription services for features already present in their vehicles such as automatic high beams and heated seats. However, following the Elon Musk-led company into the realm of electric vehicles has been a bit more of a point of resistance despite the growing popularity of the cars and government support following suit.

In an interview this past January, BMW’s head of Research and Development Klaus Froehlich stated that he believes the various markets of the world simply do not have a real need for electric cars. “On the diesel side, production of the 1.5-liter, three-cylinder entry engine will end and the 400-hp, six-cylinder won’t be replaced because it is too expensive and too complicated to build with its four turbos,” he said in an interview with Automotive News. “However, our four- and six-cylinder diesels will remain for at least another 20 years and our gasoline units for at least 30 years.”

Accidental computer geek, fascinated by most history and the multiplanetary future on its way. Quite keen on the democratization of space. | It's pronounced day-sha, but I answer to almost any variation thereof.

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Tesla hits major milestone with Full Self-Driving subscriptions

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Credit: Ashok Elluswamy/X

Tesla has announced it has hit a major milestone with Full Self-Driving subscriptions, shortly after it said it would exclusively offer the suite without the option to purchase it outright.

Tesla announced on Wednesday during its Q4 Earnings Call for 2025 that it had officially eclipsed the one million subscription mark for its Full Self-Driving suite. This represented a 38 percent increase year-over-year.

This is up from the roughly 800,000 active subscriptions it reported last year. The company has seen significant increases in FSD adoption over the past few years, as in 2021, it reported just 400,000. In 2022, it was up to 500,000 and, one year later, it had eclipsed 600,000.

In mid-January, CEO Elon Musk announced that the company would transition away from giving the option to purchase the Full Self-Driving suite outright, opting for the subscription program exclusively.

Musk said on X:

“Tesla will stop selling FSD after Feb 14. FSD will only be available as a monthly subscription thereafter.”

The move intends to streamline the Full Self-Driving purchase option, and gives Tesla more control over its revenue, and closes off the ability to buy it outright for a bargain when Musk has said its value could be close to $100,000 when it reaches full autonomy.

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It also caters to Musk’s newest compensation package. One tranche requires Tesla to achieve 10 million active FSD subscriptions, and now that it has reached one million, it is already seeing some growth.

The strategy that Tesla will use to achieve this lofty goal is still under wraps. The most ideal solution would be to offer a less expensive version of the suite, which is not likely considering the company is increasing its capabilities, and it is becoming more robust.

Tesla is shifting FSD to a subscription-only model, confirms Elon Musk

Currently, Tesla’s FSD subscription price is $99 per month, but Musk said this price will increase, which seems counterintuitive to its goal of increasing the take rate. With that being said, it will be interesting to see what Tesla does to navigate growth while offering a robust FSD suite.

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Tesla confirms Robotaxi expansion plans with new cities and aggressive timeline

Tesla plans to launch in Dallas, Houston, Phoenix, Miami, Orlando, Tampa, and Las Vegas. It lists the Bay Area as “Safety Driver,” and Austin as “Ramping Unsupervised.”

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Credit: Tesla

Tesla confirmed its intentions to expand the Robotaxi program in the United States with an aggressive timeline that aims to send the ride-hailing service to several large cities very soon.

The Robotaxi program is currently active in Austin, Texas, and the California Bay Area, but Tesla has received some approvals for testing in other areas of the U.S., although it has not launched in those areas quite yet.

However, the time is coming.

During Tesla’s Q4 Earnings Call last night, the company confirmed that it plans to expand the Robotaxi program aggressively, hoping to launch in seven new cities in the first half of the year.

Tesla plans to launch in Dallas, Houston, Phoenix, Miami, Orlando, Tampa, and Las Vegas. It lists the Bay Area as “Safety Driver,” and Austin as “Ramping Unsupervised.”

These details were released in the Earnings Shareholder Deck, which is published shortly before the Earnings Call:

Late last year, Tesla revealed it had planned to launch Robotaxi in Las Vegas, Phoenix, Dallas, and Houston, but Tampa and Orlando were just added to the plans, signaling an even more aggressive expansion than originally planned.

Tesla feels extremely confident in its Robotaxi program, and that has been reiterated many times.

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Although skeptics still remain hesitant to believe the prowess Tesla has seemingly proven in its development of an autonomous driving suite, the company has been operating a successful program in Austin and the Bay Area for months.

In fact, it announced it achieved nearly 700,000 paid Robotaxi miles since launching Robotaxi last June.

With the expansion, Tesla will be able to penetrate more of the ride-sharing market, disrupting the human-operated platforms like Uber and Lyft, which are usually more expensive and are dependent on availability.

Tesla launched driverless rides in Austin last week, but they’ve been few and far between, as the company is certainly easing into the program with a very cautiously optimistic attitude, aiming to prioritize safety.

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Investor's Corner

Tesla (TSLA) Q4 and FY 2025 earnings call: The most important points

Executives, including CEO Elon Musk, discussed how the company is positioning itself for growth across vehicles, energy, AI, and robotics despite near-term pressures from tariffs, pricing, and macro conditions.

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Credit: @AdanGuajardo/X

Tesla’s (NASDAQ:TSLA) Q4 and FY 2025 earnings call highlighted improving margins, record energy performance, expanding autonomy efforts, and a sharp acceleration in AI and robotics investments. 

Executives, including CEO Elon Musk, discussed how the company is positioning itself for growth across vehicles, energy, AI, and robotics despite near-term pressures from tariffs, pricing, and macro conditions.

Key takeaways

Tesla reported sequential improvement in automotive gross margins excluding regulatory credits, rising from 15.4% to 17.9%, supported by favorable regional mix effects despite a 16% decline in deliveries. Total gross margin exceeded 20.1%, the highest level in more than two years, even with lower fixed-cost absorption and tariff impacts.

The energy business delivered standout results, with revenue reaching nearly $12.8 billion, up 26.6% year over year. Energy gross profit hit a new quarterly record, driven by strong global demand and high deployments of MegaPack and Powerwall across all regions, as noted in a report from The Motley Fool.

Tesla also stated that paid Full Self-Driving customers have climbed to nearly 1.1 million worldwide, with about 70% having purchased FSD outright. The company has now fully transitioned FSD to a subscription-based sales model, which should create a short-term margin headwind for automotive results.

Free cash flow totaled $1.4 billion for the quarter. Operating expenses rose by $500 million sequentially as well.

Production shifts, robotics, and AI investment

Musk further confirmed that Model S and Model X production is expected to wind down next quarter, and plans are underway to convert Fremont’s S/X line into an Optimus robot factory with a capacity of one million units.

Tesla’s Robotaxi fleet has surpassed 500 vehicles, operating across the Bay Area and Austin, with Musk noting a rapid monthly expansion pace. He also reiterated that CyberCab production is expected to begin in April, following a slow initial S-curve ramp before scaling beyond other vehicle programs.

Looking ahead, Tesla expects its capital expenditures to exceed $20 billion next year, thanks to the company’s operations across its six factories, the expansion of its fleet expansion, and the ramp of its AI compute. Additional investments in AI chips, compute infrastructure, and future in-house semiconductor manufacturing were discussed but are not included in the company’s current CapEx guidance.

More importantly, Tesla ended the year with a larger backlog than in recent years. This is supported by record deliveries in smaller international markets and stronger demand across APAC and EMEA. Energy backlog remains strong globally as well, though Tesla cautioned that margin pressure could emerge from competition, policy uncertainty, and tariffs. 

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