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SEC urged to “make an example” out of Elon Musk’s late Twitter filing 

Credit: Wall Street Journal/YouTube

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Elon Musk and the Securities and Exchange Commission (SEC) might be facing off once again, this time over the Tesla CEO’s Twitter stake filings. 

Elon Musk allegedly committed filing violations while acquiring Twitter stock. By law, investors must notify SEC if they surpass 5% stake in a company within 10 days. According to a 13-D SEC filing, Musk passed 5% stake on March 14, but did not disclose his holdings until April 4. He should have disclosed his Twitter stake on or before March 24.

Elon Musk’s Twitter Stake Recap

To recap, a 13-G SEC filing was released on Monday, April 4, revealing that Elon Musk officially owned 73,486,938 shares of Twitter. The SEC filing also revealed that Musk owned 9.2% of Twitter stock, making him the single largest shareholder of the social media company. By Wednesday, April 6, Musk reclassified himself as an active investor of Twitter with the 13-D SEC filing. 

After the 13-D filing, talk of Musk joining the company’s Board of Directors circulated. A few days ago, Musk decided not to join Twitter’s Board of Directors. Joining the board would have limited Musk’s Twitter take to 14.9%. On April 11, the Tesla CEO updated his role in Twitter with an amendment to the 13-D filing, which stated that Musk could engage in Twitter strategy “without limitation.” 

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SEC’s Main Issue with Elon Musk’s Twitter Stake

The main issue seems to be that Elon Musk continued to purchase Twitter stock at $39 a share between March 14 to April 4. After the 13-G SEC filling revealed Musk’s 9.2% Twitter stake, the company’s stock price increased to more than $50 a share. 

Former SEC Chair Jay Clayton believes that SEC should investigate Musk’s Twitter gains. “I fully expect that the SEC is looking into this,” Clayton told Politico. The publication states that SEC’s new head Gary Gensler could force Musk to forfeit his gains between March 14 to April 4. 

“There is a real problem with folks filing the wrong files, and if they let Musk get away with this, then others may claim that there’s something known as selective enforcement,” noted former SEC head Harvey Pitt. 

An “Example” Out of Musk

Scott Galloway, a professor of marketing at the New York University Stern School of Business, stated that the SEC had failed to fully rein in Musk following his “funding secured” fiasco in 2018. The professor also stated that Musk’s delayed filings gave the CEO about $150 million. With this in mind, the SEC’s credibility could now be at stake with Musk’s delayed filing.

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“Sometimes securities law violations, or tax issues, or other things the wealthy do to entrench their wealth are in the gray areas, they are complicated. That makes it hard to prosecute them. Not this.”

“(The rule) is simple, every large public market investor knows it, and there’s no doubt Elon broke it — which is why it is such a gift for the SEC. The regulators need to make an example of someone,” Galloway said, later adding that “If you can put Martha Stewart in the big house, you can fine Elon $150 million.”

The Teslarati team would appreciate hearing from you. If you have any tips, reach out to me at maria@teslarati.com or via Twitter @Writer_01001101.

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Maria--aka "M"-- is an experienced writer and book editor. She's written about several topics including health, tech, and politics. As a book editor, she's worked with authors who write Sci-Fi, Romance, and Dark Fantasy. M loves hearing from TESLARATI readers. If you have any tips or article ideas, contact her at maria@teslarati.com or via X, @Writer_01001101.

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Investor's Corner

Lucid denies rumors of bankruptcy after over 40% stock drop

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Credit: Lucid

Electric vehicle maker Lucid Group has denied rumors of an imminent bankruptcy after a report from this morning sent the stock on a dramatic drop on Wall Street, seeing losses of more than 40 percent during trading hours.

Lucid’s Director of Communications, Nick Twork, responded to the report from Eletric-Vehicles.com, which stated the company’s restructuring advisor, AlixPartners, was asked to review two decisions: taking Lucid shares private or filing for Chapter 11 bankruptcy protection.

The report also claims AlixPartners told the Lucid board to “concentrate on Gravity production while improving its quality, and to temporarily hold back the Lucid Air, the sedan that has defined the company since its launch.”

Twork said:

Shares rebounded after the response to the report, halving its losses as the trading day neared 3 p.m. Eastern.

Lucid has struggled to get its sales off the ground and into more respectable numbers, but the company is in its early years, when things are hard to begin with. It is also backed by several notable investors, including the Saudi Public Investment Fund (PIF), which has nearly limitless money and likely would not ditch an investment of this size so soon.

Lucid shares were down just 14 percent at the time of publication, a far cry from the 55 percent its losses topped out at during the day.

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Tesla owner attempts resale of Model S Signature Edition for over $260k

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Credit: Tesla

A Tesla owner who purchased a Model S Signature Edition, one of the final 250 units of the all-electric flagship vehicle that the company discontinued earlier this year, is attempting to sell the car despite a no-resale clause that prohibits reselling for the first year.

The car is being sold by J&S Autohaus in Ewing, New Jersey, and is priced at $260,490, well above the $159,420 that Tesla sold it for earlier this year.

To those who do not know, the Model S Signature was a highly exclusive, limited-run farewell variant of the Model S Plaid that was produced this year to mark the end of production of both the Model S and Model X, Tesla’s two flagship vehicles.

Limited to just 250 units with invite-only sales, it serves as a collector’s item celebrating the legacy of the Model S, which helped pioneer Tesla’s electric vehicle success since its 2012 launch.

It bundles top-tier performance with bespoke cosmetic and luxury upgrades, plus Tesla’s Luxe Package. Here’s what the Model S Signature has over the typical Model S Plaid:

  • Exclusive Exterior – Unique Garnet Red Paint, matching door handles, gold Tesla “T” badges upfront, gold Plaid and Signature badging at the rear.
  • Premium Interior – White Alcantara upholstery with gold piping/accents, gold Plaid seat badges, Signature-marked door sills, individually numbered dashboard plaque, gold puddle lights, special interior lighting sequence, and a custom Signature key fob.
  • Performance Upgrades – Carbon-ceramic brakes with gold calipers
  • Bundled Luxe Package – Full Self-Driving (Supervised), four years of Premium Connectivity, free lifetime Supercharging
  • Performance Metrics – ~1,020 horsepower, sub-2-second 0-60 MPH, ~390-mile range

Tesla quickly introduced a No Resale Agreement for the Signature Editions of the Model S and Model X, which would penalize the seller for “the amount of $50,000 or the value received as consideration for the sale or transfer, whichever is greater.”

The company continues:

“If you sell or otherwise transfer the ownership of your Model S or Model X, the remainder of the Recommended Maintenance, Wheel and Tire Protection Plan, and Windshield Protection Plan will transfer automatically to the buyer. The Full Self-Driving (Supervised), Free Supercharging and Premium Connectivity will not transfer with the vehicle and will terminate once the ownership of the Model S or Model X is transferred.”

Tesla will likely come after the seller, especially as it has been about two months since Tesla launched deliveries.

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Tesla Full Self-Driving v14.3.5 Early Impressions: new features and early performance

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Credit: TESLARATI

Tesla rolled out Full Self-Driving (Supervised) v14.3.5 yesterday, and about fifty miles of driving on the new version has given me enough time to highlight what seems to be strong about the release and what is not.

Additionally, Tesla has added a few new features with this specific update, which we’ll highlight as well.

Tesla Full Self-Driving v14.3.5 Performance

The new update is business as usual. Things seem to be running completely normal and necessary, but there are a few things that we’ve seemed to pick up on based on our own experience with v14.3.5, as well as what other users are seeing.

Initially, it seems to be more aware of its surroundings, making moves that are incredibly courteous to other drives and operating just a tad more reserved than what the suite might have done previously.

We had two instances where it showed this, the first being FSD needing to pass a Flagger Force vehicle that was placing down signage for the day. Their work truck was right at the front corner of a right-hand turn; typically where most cars travel when they take that turn.

FSD v14.3.5 recognized this, slowed down, and took the turn wide with no issues:

Additionally, v14.3.5 backed up for a semi truck that was making a wide turn onto a road my car was on. This is not new, but it seemed to be backing up for courtesy; it didn’t seem completely necessary, but it might have put some peace of mind in the truck driver’s head:

X user Mike P, also a Pennsylvania native like myself, shared three clips of his Tesla running v14.3.5 performing similar maneuvers. He said:

“FSD turns right into a small alley that only fits one car at a time, sees oncoming car, reverses out of alley to make space, realizes oncoming car is actually parking, re-enters alley.”
Check it out here:

It seems like Speed Profiles are still in need of some tweaking; I am adjusting what Speed Profile I’m in frequently, constantly changing it to get it to travel at the correct speed. This was an issue for me on v14.3.4. It seems like they’re just a little inconsistent.

Terrible Parking

Parking attempts on v14.3.5 were not good. There are quite a few people who have said this:

David Moss, the Tesla owner who has taken multiple coast-to-coast drives without any interventions, also has had some issues with parking early on with v14.3.5:

New Features

Tesla has added the ability to open Camera Preview at any time. Previously, it was only available in Park. Here’s what that feature looks like in action:

Check back later this week for a longer review of what we’ve noticed on Full Self-Driving v14.3.5.

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