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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 gamifies Supercharging with new ‘Charging Passport’

It will also include things like badges for special charging spots, among other metrics that will show all of the different places people have traveled to plug in for range.

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Credit: MarcoRP | X

Tesla is gamifying its Supercharging experience by offering a new “Charging Passport,” hoping to add a new layer to the ownership experience.

While it is not part of the Holiday Update, it is rolling out around the same time and offers a handful of cool new features.

Tesla’s Charging Passport will be available within the smartphone app and will give a yearly summary of your charging experience, helping encapsulate your travel for that year.

It will also include things like badges for special charging spots, among other metrics that will show all of the different places people have traveled to plug in for range.

Tesla will include the following metrics within the new Charging Passport option within the Tesla app:

  • Charging badges: Iconic charging badges for visiting places like the Tesla Diner, Oasis Supercharger, etc., Explorer Badge, and more
  • Total Unique Superchargers Visited
  • Total Charging Sessions
  • Total Miles Added during Charging Sessions
  • Top Charging Day
  • Longest Trip
  • Favorite Charging Locations

This will give people a unique way to see their travels throughout the year, and although it is not necessarily something that is needed or adds any genuine value, it is something that many owners will like to look back on. After all, things like Spotify Wrapped and Apple Music Replay have been a great way for people to see what music they listened to throughout the year.

This is essentially Tesla’s version of that.

With a handful of unique Superchargers already active, Tesla is also building some new ones, like a UFO-inspired location in New Mexico, near Roswell.

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Tesla is building a new UFO-inspired Supercharger in the heart of Alien country

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Tesla launches its coolest gift idea ever just a few weeks after it was announced

“Gift one month of Full Self-Driving (Supervised), which allows the vehicle to drive itself almost anywhere with minimal intervention.”

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Credit: Tesla

Tesla has launched its coolest gift idea ever, just a few weeks after it was announced.

Tesla is now giving owners the opportunity to gift Full Self-Driving for one month to friends or family through a new gifting program that was suggested to the company last month.

The program will enable people to send a fellow Tesla owner one month of the company’s semi-autonomous driving software, helping them to experience the Full Self-Driving suite and potentially help Tesla gain them as a subscriber of the program, or even an outright purchase.

Tesla has officially launched the program on its Shop. Sending one month of Full Self-Driving costs $112:

“Gift one month of Full Self-Driving (Supervised), which allows the vehicle to drive itself almost anywhere with minimal intervention. All sales are final. Can only be purchased and redeemed in the U.S. This gift card is valued at $112.00 and is intended to cover the price of one month of FSD (Supervised), including up to 13% sales tax. It is not guaranteed to cover the full monthly price if pricing or tax rates change. This gift card can be stored in Tesla Wallet and redeemed toward FSD (Supervised) or any other Tesla product or service that accepts gift card payments.”

Tesla has done a great job of expanding Full Self-Driving access over the past few years, especially by offering things like the Subscription program, free trials through referrals, and now this gift card program.

Gifting Full Self-Driving is another iteration of Tesla’s “butts in seats” strategy, which is its belief that it can flip consumers to its vehicles and products by simply letting people experience them.

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There is also a reason behind pushing Full Self-Driving so hard, and it has to do with CEO Elon Musk’s compensation package. One tranche requires Musk to achieve a certain number of active paid Full Self-Driving subscriptions.

More people who try the suite are likely to pay for it over the long term.

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Tesla expands Robotaxi app access once again, this time on a global scale

Tesla said recently it plans to launch Robotaxi in Miami, Houston, Las Vegas, Phoenix, and Dallas.

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Credit: Grok

Tesla has expanded Robotaxi app access once again, but this time, it’s on a much broader scale as the company is offering the opportunity for those outside of North America to download the app.

Tesla Robotaxi is the company’s early-stage ride-hailing platform that is active in Texas, California, and Arizona, with more expansion within the United States planned for the near future.

Tesla said recently it plans to launch Robotaxi in Miami, Houston, Las Vegas, Phoenix, and Dallas.

The platform has massive potential, and Tesla is leaning on it to be a major contributor to even more disruption in the passenger transportation industry. So far, it has driven over 550,000 miles in total, with the vast majority of this coming from the Bay Area and Austin.

First Look at Tesla’s Robotaxi App: features, design, and more

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However, Tesla is focusing primarily on rapid expansion, but most of this is reliant on the company’s ability to gain regulatory permission to operate the platform in various regions. The expansion plans go well outside of the U.S., as the company expanded the ability to download the app to more regions this past weekend.

So far, these are the areas it is available to download in:

  • Japan
  • Thailand
  • Hong Kong
  • South Korea
  • Australia
  • Taiwan
  • Macau
  • New Zealand
  • Mexico
  • U.S.
  • Canada

Right now, while Tesla is focusing primarily on expansion, it is also working on other goals that have to do with making it more widely available to customers who want to grab a ride from a driverless vehicle.

One of the biggest goals it has is to eliminate safety monitors from its vehicles, which it currently utilizes in Austin in the passenger’s seat and in the driver’s seat in the Bay Area.

A few weeks ago, Tesla started implementing a new in-cabin data-sharing system, which will help support teams assist riders without anyone in the front of the car.

Tesla takes a step towards removal of Robotaxi service’s safety drivers

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As Robotaxi expands into more regions, Tesla stands to gain tremendously through the deployment of the Full Self-Driving suite for personal cars, as well as driverless Robotaxis for those who are just hailing rides.

Things have gone well for Tesla in the early stages of the Robotaxi program, but expansion will truly be the test of how things operate going forward. Navigating local traffic laws and gaining approval from a regulatory standpoint will be the biggest hurdle to jump.

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