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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 Cybercab is changing the look of Austin’s roads, and it’s not even in production yet

Videos and photos showed the sleek, two-seat autonomous vehicles navigating traffic.

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Credit: @niccruzpatane/X

Even before entering production, Tesla’s Cybercab is already transforming the appearance of Austin’s streets, with multiple prototypes spotted testing in downtown areas recently. 

Videos and photos showed the sleek, two-seat autonomous vehicles navigating traffic. Interestingly enough, the vehicles were equipped with temporary steering wheels and human safety drivers.

Recent Cybercab sightings

Over the weekend, enthusiasts captured footage of two Cybercabs driving together in central Austin, their futuristic silhouettes standing out amid regular traffic. While the vehicles featured temporary steering wheels and side mirrors for now, they retained their futuristic, production-intent exterior design.

Industry watcher Sawyer Merritt shared one of the vehicles’ videos, noting the increasing frequency of the autonomous two-seater’s sightings.

Previewing the autonomous future

Sightings of the Cybercab have been ramping in several key areas across the United States in recent weeks. Sightings include units at Apple’s Visitor Center in California, the Fremont factory test track, and in Austin’s streets.

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The increased activity suggests that Tesla is in overdrive, validating the autonomous two-seater ahead of its planned volume production. Elon Musk confirmed at the 2025 Shareholder Meeting that manufacturing begins around April 2026 with ambitious targets, and during an All-Hands meeting earlier this year, Musk hinted that ultimately, Tesla’s factories should be able to produce one Cybercab every 10 seconds. 

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Tesla celebrates 9 million vehicles produced globally

The achievement, announced by Tesla Asia on X, celebrated not just the Shanghai team’s output but the company’s cumulative production across all its factories worldwide.

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Credit: Tesla Asia/X

Tesla has achieved a new milestone, rolling out its nine millionth vehicle worldwide from Giga Shanghai. 

The achievement, announced by Tesla Asia on X, celebrated not just the Shanghai team’s output but the company’s cumulative production across all its factories worldwide. The milestone came as 2025 drew to a close, and it inspired praise from some of the company’s key executives.

Tesla’s 9 million vehicle milestone

The commemorative photo from Tesla Asia featured the Giga Shanghai team assembled on the factory floor, surrounding the milestone Model Y unit, which looked pristine in white. The image was captioned: “Our 9 millionth vehicle globally has just rolled off the production line at Giga Shanghai. Thanks to our owners and supporters around the world.” 

Senior Vice President of Automotive Tom Zhu praised Tesla’s factory teams for the remarkable milestone. He also shared his gratitude to Tesla owners for their support. “Congrats to all Tesla factories for this amazing milestone! Thanks to our owners for your continued support!” Zhu wrote in a post on X.

Giga Shanghai’s legacy

Tesla’s nine million vehicle milestone is especially impressive considering that just 207 days ago, the company announced that it had built its eight millionth car globally. The eight millionth Tesla, a red Model Y, was built in Giga Berlin. The fact that Tesla was able to build a million cars in less than seven months is quite an accomplishment. 

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Giga Shanghai, Tesla’s largest factory by volume, has been instrumental to the company’s overall operations, having reached four million cumulative vehicles earlier in 2025. The plant produces Model 3 and Model Y for both domestic Chinese and export markets, making it the company’s primary vehicle export hub. 

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Tesla officially publishes Q4 2025 vehicle delivery consensus

By releasing these numbers directly, Tesla establishes a clear, transparent benchmark ahead of its actual results.

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Credit: Tesla

Tesla has taken the rather unusual step of officially publishing its company-compiled Q4 2025 delivery consensus on the Investor Relations site. As per analyst estimates, Tesla is expected to deliver 422,850 vehicles and deploy 13.4 GWh of battery storage systems this Q4 2025. 

By releasing these numbers directly, Tesla establishes a clear, transparent benchmark ahead of its actual results, making it harder for narratives to claim a “miss” based on outlier estimates.

Official consensus sets the record straight

Tesla’s IR press release detailed the consensus from 20 analysts for vehicle deliveries and 16 analysts for energy deployments. As per the release, full-year 2025 consensus delivery estimates come in at 1,640,752 vehicles, an 8.3% decline from 2025’s FY deliveries of 1,789,226 cars. 

Tesla noted that while it “does not endorse any information, recommendations or conclusions made by the analysts,” its press release does provide a notable reference point. Analysts contributing to the company compiled consensus include Daiwa, DB, Wedbush, Oppenheimer, Canaccord, Baird, Wolfe, Exane, Goldman Sachs, RBC, Evercore ISI, Barclays, Wells Fargo, Morgan Stanley, UBS, Jefferies, Needham, HSBC, Cantor Fitzgerald, and William Blair.

Credit: Tesla Investor Relations

Tesla’s busy Q4 2025

Tesla seems to be pushing hard to deliver as many vehicles as possible before the end of 2025, despite the company’s future seemingly being determined not by vehicle deliveries, but FSD and Optimus’ rollout and ramp. Still, reports from countries such as China are optimistic, with posts on social media hinting that Tesla’s delivery centers in the country are appearing packed as the final weeks of 2025 unfold.

The Tesla Model Y and Model 3 are also still performing well in China’s premium EV segment. Based on data from January to November, the Model Y took China’s number one spot in the RMB 200,000-RMB 300,000 segment for electric vehicles, selling 359,463 units. The Model 3 sedan took third place, selling 172,392. This is quite impressive considering that both the Model Y and Model 3 command a premium compared to their domestic rivals. 

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