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Tesla’s Elon Musk and SEC explains their settlement in joint letter to US judge

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Elon Musk and the Securities and Exchange Commission have submitted a joint letter explaining their settlement for a lawsuit resulting from the Tesla CEO’s “funding secured” tweet last August. The letter, which was dated October 11, 2018, comes a week after U.S. District Judge Alison Nathan asked Musk and the SEC to justify their settlement before she approves the deal.

The CEO found himself in hot water late last month after the SEC filed a suit over tweets posted in August, when Musk announced that he was considering taking Tesla private at $420 per share, and that he had “funding secured.” Tesla stock plunged as news of the agency’s lawsuit emerged, dropping more than 13% amidst reports that Musk allegedly rejected a settlement prepared by the SEC. Elon Musk would agree to a settlement with the SEC in the weekend that followed. 

Under the terms of the settlement, Musk would be required to step down as Chairman of Tesla’s Board of Directors. The company would also appoint two new independent directors to its board. Elon Musk and Tesla Inc. would have to pay a fine of $20 million each as well, which would, in turn, be distributed to harmed investors under a court-approved process. In a statement last Thursday, Judge Nathan asked Musk and the SEC for a joint letter explaining their settlement, noting that the court needs to make a “minimal determination of whether the agreement is appropriate” before things are finalized.

The SEC noted in the joint letter that it considered multiple factors when it was determining the appropriate penalties for Musk and Tesla, from the gravity of Musk’s alleged violations to the CEO’s lack of monetary gain resulting from his “funding secured” tweet.

“In this case, the SEC considered multiple factors in determining appropriate civil  penalties. These included the seriousness of the alleged violations, the market impact caused by the alleged conduct, and Defendants’ financial means, but also countervailing factors such as Defendants’ willingness to settle these actions promptly, Defendants’ apparent lack of pecuniary gain, and the limited temporal scope of the conduct.”

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The agency further noted that sanctions against Elon Musk and Tesla are designed to benefit investors by putting additional governance measures in the electric car and energy company. Musk’s representatives, for their part, simply noted in the joint letter that the CEO believes a prompt resolution through the settlement is in the best interests of Tesla’s investors.

“Tesla and Mr. Musk believe that a prompt resolution of these actions through settlement is in the best interests of investors and should be approved.”

The submission of Elon Musk and the SEC’s joint letter comes amidst news that one of Tesla’s largest investors has increased its stake in the company. On Wednesday, it was revealed that T. Rowe Price Group Inc., which owned 11.93 million TSLA shares at the end of Q2 2018, increased its stake in the company in Q3. By the end of September, the firm held 17.4 million TSLA shares, making it the company’s second-largest shareholder, second only to Elon Musk. Another institutional investor, Bailey Gifford, which owns 13.2 million TSLA shares, currently stands as Tesla’s third-largest shareholder.

With Tesla’s Q3 earnings report coming in less than four weeks, T. Rowe Price’s increased stake in the electric car maker could prove to be a strategic investment for the financial firm. Tesla, after all, finished the third quarter on a strong note, delivering and producing a record number of vehicles. Less than two days before the end of the quarter, Musk even sent out a message to Tesla’s employees, urging them to work hard as the company is “very close” to profitability. Since October began, Tesla has also been showing signs that its Model 3 production ramp continues to grow stronger. Teases of an eventual international rollout for the electric car, such as an exhibit in the Paris Motor Show, further suggest that Tesla is steadily gaining its foothold in its efforts to roll out its first mass-market vehicle.

Elon Musk and the SEC’s joint letter could be read in full below.

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SEC v Elon Musk – Joint Sub… by on Scribd

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Tesla gets price target increase on Wall Street, but it’s a head-scratcher

Delaney’s price target on Tesla shares went up to $395 from $300. Currently, Tesla is trading between $420 and $430, making the new price target from Goldman Sachs a bit of a head-scratcher.

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Credit: Cybertruck | X

Tesla (NASDAQ: TSLA) received a price target increase from a Wall Street analyst today, who noted in his report that the company’s shares could rise or fall based on its execution in robotics and autonomy.

However, the price target boost still fell below Tesla’s current trading levels.

Mark Delaney of Goldman Sachs said in a note to investors today that Tesla has a significant opportunity to solidify itself as one of the stable and safe plays in the market if it can execute on its two key projects: humanoid robots and autonomy.

In the note, Delaney said:

“If Tesla can have [an] outsized share in areas such as humanoid robotics and autonomy, then there could be upside to our price target.”

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Delaney’s price target on Tesla shares went up to $395 from $300. Currently, Tesla is trading between $420 and $430, making the new price target from Goldman Sachs a bit of a head-scratcher.

He went on to say that Tesla could also confront outside factors that would limit the stock’s ability to see growth, including competition and potentially its own lack of execution:

“…although if competition limits profits (as is happening with the ADAS market in China) or Tesla does not execute well, then there could be downside.”

The note is an interesting one because it seems to point out the blatantly obvious: if Tesla performs well, the stock will rise. If it doesn’t, the stock price will decline.

We discussed yesterday in an article that Tesla is one of the few stocks out there that does not seem to be influenced by financials or anything super concrete. Instead, it is more influenced by the narrative currently surrounding the company, rather than the technicals.

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Tesla called ‘biggest meme stock we’ve ever seen’ by Yale associate dean

Tesla’s prowess in robotics and autonomy is strong. In robotics, it has a very good sentiment following its Optimus project, and it has shown steady improvement with subsequent versions of the robot with each release.

On the autonomy front, Tesla is expanding its Robotaxi platform in Austin every few weeks, and also has a sizeable geofence in the Bay Area. Its Full Self-Driving suite is among the most robust in the world and is incredibly useful and accurate.

The company can gain significant value if it continues to refine the platform and eventually rolls out a driverless or unsupervised version of the Full Self-Driving suite.

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Tesla addresses door handle complaints with simple engineering fix

“We’ll have a really good solution for that. I’m not worried about it.”

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Tesla Model S self-presenting door handle
Tesla Model S self-presenting door handle (Credit: TesBros)

Tesla is going to adjust one heavily scrutinized part of its vehicles after recent government agencies have launched probes into an issue stemming from complaints from owners.

Over the past few days, we have reported on the issues with Tesla’s door handle systems from both the Chinese and American governments.

In China, it dealt with the Model S, while the United States’ National Highway Traffic Safety Administration (NHTSA) reported nine complaints from owners experiencing issues with 2021 Model Ys, as some said they had trouble entering their car after the 12V battery was low on power.

Bloomberg, in an interview with Tesla Chief Designer Franz von Holzhausen, asked whether the company planned to adjust the door handle design to alleviate any concerns that regulatory agencies might have.

Regarding the interior latch concerns in the United States:

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  • Von Holzhausen said that, while a mechanical door release resolves this problem, Tesla plans to “combine the two” to help reduce stress in what he called “panic situations.”
  • He also added that “it’s in the cars now…The idea of combining the electronic and the manual one together in one button, I think, makes a lot of sense.” Franz said the muscle memory of reaching for the same button will be advantageous for children and anyone who is in an emergency.

Regarding the exterior door handle concerns in China:

  • Von Holzhausen said Tesla is reviewing the details of the regulation and confirmed, “We’ll have a really good solution for that. I’m not worried about it.”

The new Model Y already has emergency mechanical door release latches in the back, but combining them in future vehicles seems to be an ideal solution for other vehicles in Tesla’s lineup.

It will likely help Tesla avoid complaints from owners about not having an out in the event of a power outage or accident. It is a small engineering change that could be extremely valuable for future instances.

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Elon Musk calls out viral claim of 10,000 Tesla Optimus deal: “Fake”

For now at least, Tesla seems determined to focus on the development of Optimus V3.

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Credit: Tesla Optimus/X

Elon Musk has provided some clarification to recent reports suggesting that PharmAGRI, a US pharmaceutical and agricultural infrastructure company, is looking to deploy 10,000 Optimus robots for its operations.

Musk posted his clarification on social media platform X.

Alleged Optimus purchase

Recently, reports emerged stating that PharmAGRI Capital Partners will be tapping into Tesla’s humanoid robots for its operations. The firm claimed that it had executed a Letter of Intent with Tesla to deploy up to 10,000 Optimus Gen 3+ humanoid robots across its SuperPharm and CEA facilities. This should allow the company to automate its labor and ensure diversion control.

A comment from Lynn Stockwell, Chairwoman & CEO, suggested that the company really was partnering with Tesla. “With Tesla robotics powering our facilities and DEA-licensed infrastructure in place, we can scale with precision, meet federal sourcing mandates, and deliver therapies that are compliant, secure, and American-made,” she said. 

Elon Musk clariies

News of PharmAGRI’s Optimus claims quickly spread on social media, though some Tesla watchers argued that it seemed unlikely that the EV maker will commit two legions of Optimus robots to a rather unknown company this early. Some pointed out that Tesla typically commits to high-profile customers to test its early products, such as PepsiCo with the Tesla Semi. 

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Photos from PharmAGRI’s website depicting Tesla Optimus bots, as well as the rather basic look of the website itself, also brought more reservations to the company’s claims. Ultimately, Elon Musk weighed in on the matter, responding to a post about PharmAGRI’s Optimus-filled webpage. Musk was quick and direct, simply stating, “Fake.”

Elon Musk’s comments were quite unsurprising considering that Optimus is still very much in active development, and thus, it is quite unlikely that the company is already taking orders or even Letters of Intent from potential customers at this time. For now at least, Tesla seems determined to focus on the development of Optimus V3, which Musk has noted will be “sublime.”

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