Fisker Inc. is currently under investigation by the U.S. Securities and Exchange Commission, and it has received multiple subpoenas as part of the regulator’s probe. The investigation was confirmed in a filing from the SEC on Friday.
Fisker filed for Chapter 11 bankruptcy protection back in June. At the time, Fisker was also struggling to ramp the production of its only vehicle, the Ocean crossover SUV. While the Fisker Ocean was praised for its design, reviews for the vehicle were extremely mixed.
As noted in a Reuters report, Fisker is winding down its operations in bankruptcy after selling off its existing vehicle fleet and reaching settlements with its creditors. Fisker is reportedly looking to ask a U.S. bankruptcy judge to approve its liquidation plan at an upcoming hearing in a Delaware court later this week.
In its filing, the SEC noted that it is objecting to Fisker’s liquidation plan. As explained by the SEC in its filing, Fisker’s plan includes a prohibited nonconsensual third-party release. The plan must also contain language to adequately preserve the Commission’s police and regulatory powers with respect to its pending investigation, the SEC noted.
“First, all claims by the Commission to enforce the Commission’s police and regulatory powers must be preserved. The Debtors are liquidating, and thus, are not entitled to a discharge. The Commission also objects to the release, discharge or enjoining of any claims it may have against any non-debtor individuals or entities. Accordingly, the Commission retains the right to file police and regulatory actions against the Debtors and any non-debtor individual or entities in an appropriate forum.
“Second, the Commission has an ongoing police and regulatory interest in the Debtors’ books and records. The Commission has outstanding investigative subpoenas and may have the need to request or subpoena additional documents in the future relating to its ongoing investigation. Corporations have an obligation to preserve records and information that are relevant to a government investigation.,” the SEC noted.
The U.S. Securities and Exchange Commission’s objection to Fisker’s liquidation plan can be viewed below.
Fisker SEC filing by Simon Alvarez on Scribd
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