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Tesla’s Elon Musk and SEC explains their settlement in joint letter to US judge
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.”
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.
SEC v Elon Musk – Joint Sub… by on Scribd
Investor's Corner
Tesla opens the Q&A for its biggest earnings call yet
Tesla opens its Q3 earnings Q&A, and Cybercab, Robotaxi, Optimus and regulators loom over October 21.
Tesla has opened its shareholder question portal for the Q3 2026 earnings call, with the Say Q&A page already listing questions. Investors have until 4:00 p.m. EDT on October 20 to submit and vote on what management should answer.
The call is set for Wednesday, October 21. Tesla will post results after the market closes, with a live webcast at 4:30 p.m. CT, or 5:30 p.m. ET, through its investor relations site.
Say ranks questions by the number of shares behind the votes, which gives institutional holders extra weight over the retail crowd.
Ahead of Q2, retail investors asked why Robotaxi growth had stalled, when Cybercab would start customer rides, and where the Optimus Gen 3 ramp stood, while an institutional holder asked how Tesla and SpaceX would split Terafab duties. Cybercab has since answered one of those. Tesla said last week it has 300 plus Cybercabs serving Austin, up eightfold in 30 days, with Dallas named as the next city. The questions now are likely to move from when to how fast.
There is also a regulatory question hanging over the call. NHTSA has demanded sworn answers on how the pedal free Cybercab was certified against federal safety standards, with responses due October 30, nine days after the call. Whether an analyst raises it live is unknown, but it is the kind of exposure that tends to find its way into a Q&A.
The numbers will not be the main draw. Tesla already reported 486,532 deliveries and 13.7 GWh of storage for the quarter. Consensus sits around 43 to 45 cents per share on roughly $27.8 billion in revenue, according to Zacks, after a Q2 report that missed on EPS. Goldman Sachs, which holds a Neutral rating and a $360 target, argues the outlook for Robotaxi, FSD and Optimus will matter more to the stock than the quarter itself.
The call also lands six days after the rescheduled Roadster event, which Tesla will stream on X on Thursday, October 15, at 7:55 p.m. CT. If the Roadster shows up with a production date or a SpaceX thruster package, expect it to climb the voting list before the deadline.
Elon Musk
Ukraine says Starlink is cutting out its military drones as Poland calls out Elon Musk
Ukrainian officials allege SpaceX limited military Starlink speeds, disrupting drone missions; SpaceX has not commented.
Ukrainian officials are accusing SpaceX of placing a speed limit on the military version of Starlink that their forces use to fly drones, but SpaceX has not confirmed that any change was made. Presidential adviser Serhiy Beskrestnov said in a Telegram post on Wednesday that Starshield terminals have begun losing service when they move faster than about 100 miles per hour, according to a Reuters report. “Our defense forces did not receive a warning about this limitation, and this led to the disruption of several missions,” he wrote.
Ukraine’s 7th Rapid Reaction Corps told Reuters that connections dropped for 10 to 20 seconds at just 68 to 75 mph, which made the drones harder to control. Volunteer Serhiy Sternenko, citing military reports, said the dropouts are now starting at 37 to 43 mph. These accounts come from Ukrainian officials and military sources and have not been independently verified. Regular civilian terminals were reportedly not affected, according to EUalive.
.@POTUS: We told Zelensky, ‘You can do whatever you want to Russia, but don’t hit the refineries because that’s a world problem.’ And what does he do? He goes and hits the diesel fuel. He better damn well stop. https://t.co/CdRlMcPlKr
— Rapid Response 47 (@RapidResponse47) October 10, 2026
SpaceX has not publicly commented or explained what, if anything, changed. Beskrestnov and other Ukrainian officials believe the issue is intentional and point to the timing. Washington has been pressing Kyiv to stop long range strikes on Russian oil refineries after President Trump called for an “energy ceasefire,” and Musk posted on Saturday that “Zelensky has gone too far.” EUalive noted that neither Ukrainian nor Polish officials have presented evidence that the limit was ordered by Washington or by SpaceX, so the link to politics remains an allegation. Other explanations, such as a technical or policy change affecting fast moving terminals, have not been ruled out.
Poland’s foreign minister, Radosław Sikorski, responded on X by quote tweeting a Kyiv Independent report and writing: “Hey, @elonmusk, big man, are you playing politics with your products again? As your European customers, we are watching you.” Poland is the largest funder of Ukraine’s Starlink service, having supplied more than 29,000 terminals and covering operating costs Sikorski has put at roughly $50 million a year. The wording echoes their 2025 clash, when Musk told Sikorski to “be quiet, small man.” At the time of writing, neither Musk nor SpaceX had responded to the claims.
Hey, @elonmusk, big man, are you playing politics with your products again?
As your European customers, we are watching you.— Radosław Sikorski 🇵🇱🇪🇺 (@sikorskiradek) October 14, 2026
The dispute sits on top of a long history. Musk confirmed in February 2022 that Starlink was active in Ukraine after a request from a Ukrainian minister. That October, SpaceX asked the Pentagon to share the bill and Musk said the cost was approaching $20 million a month, before he reversed course and said SpaceX would keep paying. In December 2024 the Pentagon moved some of those terminals onto the Starshield service, the government version now at the center of the complaints.
SpaceX has also changed how its network treats certain terminals in Ukraine before, and that time it was with Kyiv’s cooperation. In February, Ukrainian officials confirmed that terminals believed to be used by Russian troops were disabled after coordination with SpaceX, a step that Ukrainian commanders later said hurt Russian assaults. Whether anything similar is behind the latest reports is unclear, which is why Kyiv is asking for answers.
Ukraine is already looking at backups. Defense tech company Stetman is developing its own satellite system, UASAT-NANO, and officials in Europe have discussed alternatives to Starlink since early 2025, though none match its scale yet.
Elon Musk
FAA kicks off review of SpaceX’s bid to fly Starship nearly every day
FAA is reviewing SpaceX’s plan for 456 Starship launches a year, up from 25 today.
The FAA said Tuesday that it will prepare an environmental impact statement on SpaceX’s proposal to run as many as 456 Starship launches and 912 landings a year from Starbase, Texas. SpaceX is currently authorized for 25 launches and 50 landings annually, which makes the request roughly 18 times the existing ceiling. The notice of intent is set to publish in the Federal Register on Wednesday.
The plan comes in two phases. Phase 1 would allow up to 100 launches and 200 landings a year, on any day and at any hour. Phase 2, which the FAA says could arrive within several years, would raise the limit to the full 456 launches, still at any hour but only on weekdays. The agency noted that 912 landings is the upper limit for the Texas facility no matter where a given mission begins, and that Starship and Super Heavy could come down at the launch site or in the Gulf and open ocean.
A draft statement will be released for public comment at a later date, and the FAA has not said when. According to the Federal Registar, written comments are due November 30 on regulations.gov under docket FAA-2026-12808, with in person scoping meetings on November 17 in Brownsville and November 19 in Port Isabel, plus a virtual session on November 18. The review will weigh air quality, wildlife, coastal resources, water, noise, and aviation, and the FAA said any increase beyond this proposal would need its own separate review.
The numbers look large next to what Starbase has actually done. Starship has flown three times from Texas this year, including Flight 14 on September 28, the first orbital flight, which deployed 26 Starlink V3 satellites. Bloomberg reported that Starbase has never launched more than five times in a calendar year. The current cap of 25 comes from an FAA approval in May 2025. In February, the agency also approved up to 44 Starship launches a year from Launch Complex 39A in Florida, so Phase 1 in Texas alone would more than double that allowance.
Musk has said Starship could eventually fly more than once per hour within less than a decade, per Bloomberg. The nearer term target is Flight 15. Musk said on October 10 that it is hopefully four to six weeks away and will try to catch the ship with the tower, as Teslarati covered. That flight still runs under the existing 25 launch limit, and so would every Starbase launch for as long as the new review takes.
As of mid morning Pacific time on Tuesday, SpaceX had not posted about the filing on its own account.