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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
Tesla just gave what is perhaps its biggest signal yet that the launch of the Cybercab, its autonomous ride-hailing-geared car, is imminent.
The Cybercab has been spotted outside of Gigafactory Texas in massive numbers over the past few days, with hundreds of units being stored on property just days after the vehicle received a Certificate of Conformity from the EPA.
Today, things were a bit different.
Cybercabs spotted on Giga Texas property today had an addition: a Cybercab decal on the side, reminiscent of the “Robotaxi” ones that were placed on Model Ys just as the company launched its ride-sharing platform about a year ago.
Giga Texas drone operator Joe Tegtmeyer noticed the change today:
Tesla Cybercabs are now getting “Cybercab” logos on the side of them!
Tesla did the same with Model Ys that were given “Robotaxi” logos: https://t.co/DanANtw1m7 pic.twitter.com/FqOhH0S9Ks
— TESLARATI (@Teslarati) June 19, 2026
Tesla could be signaling that the Cybercab is preparing to enter the Robotaxi fleet in the coming weeks or months with this move. It seems more symbolic than anything; Tesla is ready to throw Cybercabs in the ride-hailing platform just as it did with Model Ys last year.
The addition of the Certificate of Conformity awarded to the Cybercab is another major factor working to Tesla’s advantage. The company now has permission from the EPA to allow the vehicle to operate on public roads and enter the chain of commerce. It’s officially street legal.
Tesla Cybercab specs revealed: range, curb weight, range ratings, and more
The big question that remains is whether Tesla will be able to operate the car without a safety monitor, especially considering it plans to put the car out there without a steering wheel or pedals. With the Cybercab only having a seating capacity of two, it is hard to believe Tesla will even consider putting a Safety Monitor in the car.
It did recently self-certify as Level 4 and has the ability to operate driverless vehicles in the State of Texas under a law that took effect on May 28. You can read more about that here:
Tesla’s Robotaxi dreams just took a massive step toward reality
We’d imagine Cybercabs will be on the roads as soon as July, but August will likely be a better estimate of when the car will be entered into the Cybercab fleet. It all depends at where Tesla is, as they’ve truly prioritized safety with the rollout of the Robotaxi platform.
Elon Musk has publicly questioned Moody’s credit assessments following the rating agency’s decision to assign SpaceX a Baa1 investment-grade rating, two notches above Tesla’s Baa3. The comments came amid discussions comparing the two companies’ financial profiles.
SpaceX earned its first-time Baa1 rating with a stable outlook from Moody’s. The agency highlighted the company’s leadership in orbital launches, the growing recurring revenue from its Starlink satellite network, strong vertical integration, U.S. government contracts, and emerging opportunities in AI infrastructure.
These factors were cited as supporting robust cash flows, margin expansion, and financial flexibility.
Musk responded directly: “Tesla’s credit rating is ridiculously low tbh,” and added, “Yeah, makes no sense. Tesla has over $40B in cash, no debt, and is consistently profitable!” His remarks underscored Tesla’s balance sheet strength and profitability at a time when many traditional automakers continue to report losses in the shift to electric vehicles.
Yeah, makes no sense.
Tesla has over $40B in cash, no debt and is consistently profitable!
— Elon Musk (@elonmusk) June 19, 2026
Tesla maintains a leading position in the global EV market, with diversification into energy and storage, battery technology, and robotics through projects like Optimus. Recent financial updates show the company generated positive free cash flow of $1.4 billion in Q1 2026, supported by operating cash flow of $3.9 billion. Cash and short-term investments stood at approximately $44.7 billion.
Moody’s has affirmed Tesla’s Baa3 issuer rating with a stable outlook in periodic reviews, acknowledging the company’s EV leadership, technology strengths, including AI for autonomous vehicles, solid profitability, and strong liquidity.
Tesla (TSLA) scores Baa3 Moody’s rating for ‘stable’ outlook
However, the agency has also noted challenges in the automotive segment and expectations for margin pressures.
Musk’s critique highlights a common debate about how traditional rating methodologies apply to high-growth, capital-intensive technology companies. SpaceX benefits from long-term government-backed contracts and diversified, recurring revenue streams, while Tesla’s valuation reflects heavy investment in future technologies such as autonomy and robotics.
Both ratings remain investment-grade, yet the one-notch difference has fueled online discussion about potential inconsistencies in evaluating innovative firms.
The exchange comes as SpaceX explores financing options following its recent valuation milestones, while Tesla continues executing on its multi-year roadmap. Musk’s pointed response serves as a reminder that credit ratings, though influential for borrowing costs, represent one lens through which markets assess corporate strength—and that company leaders often view their financial positions through the lens of long-term innovation and cash generation rather than short-term risk metrics alone.
A new report from Reuters claims that a transport authority in Sweden is pushing back against the approval of Tesla’s Full Self-Driving suite because it will travel over speed limits.
The report says the Swedish Transport Administration (TRV) recommends the European Union votes against FSD’s approval. TRV believes it should not be approved until Tesla disables FSD’s ability to speed.
TRV sent a letter to the European Union’s Technical Committee on Motor Vehicles (TCMV), which is set to meet on June 30 to discuss the potential approval of the Tesla FSD suite in the country. Tesla, which has received various approvals in Europe over the past two months, has not provided a comment.
Teslas operating on FSD do travel over the speed limit, depending on the Speed Profile that is chosen. Drivers have the ability to disengage FSD at any point; Tesla specifically states that those supervising the suite are responsible for its actions.
Let’s cut to the chase: humans operating any vehicle speed almost daily in the United States. Realistically, speed limits in the U.S. are more frequently treated as speed minimums. However, other countries are different, and driving behaviors are less aggressive.
TRV believes that “allowing automated systems to systematically exceed legal speed limits…risks undermining both the legal framework and the expected safety benefits of vehicle automation,” the report stated. It’s surprising that Tesla has not received this claim from other countries previously.
This could be a good argument to bring Max Speed back, the setting that previously allowed the driver to choose the absolute fastest the car would travel.
This would still put the responsibility of supervision in the hands of the driver. It would allow the driver to choose whether the car would travel over the speed limit or not, acknowledging that they set the speed, and if they get pulled over, there would be no ability to argue it.
However, it does not seem as if this is something Tesla will do, especially considering many U.S. drivers have requested the feature in an effort to eliminate speeding or at least tone it down. The company has not shown any interest in bringing it back.
Tesla has approvals for FSD in Europe in Estonia, Lithuania, Denmark, the Netherlands, and Belgium.
Tesla Cybercab launch is imminent after latest sighting at Giga Texas
Elon Musk says this part of Tesla ‘makes no sense’
