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Tesla under scrutiny by the SEC for failing to disclose fatal crash

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Tesla Model X charging under a solar canopy at the Barstow, CA Supercharger

Last week’s full blown spat between renown publication Fortune and Tesla CEO Elon Musk, who hotly denied that the information about the death of Model S owner Joshua Brown on May 7 was in any way material to the company’s $2 billion stock sale, has reportedly prompted the SEC to investigate.

A person familiar with the matter says the inquiry is in a very early stage and may not lead to any enforcement action by regulators. “Tesla has not received any communication from the SEC regarding this issue,” a Tesla spokeswoman said. “Our blog post last week provided the relevant information about this issue.

“The damage sustained by the Model S in the crash limited Tesla’s ability to recover data from it remotely,” a company spokesman said according to a report published by the Wall Street Journal. “During the last week of May, Tesla was able to finish its review of the logs and complete its investigation. The financing round had already taken place by that time.”

Tesla has said in previous securities filings that a successful liability claim associated with its technology, including the Autopilot feature, could harm the company’s financial condition. In its most recent quarterly report, the company said such a claim “could generate substantial negative publicity about our products and business and would have material adverse effect on our brand, business, prospects and operating results.” Tesla says the report contained “boilerplate language” that was “stating the obvious” and “had no bearing” on the fatal crash that took the life of Brown.

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Experts in securities law say there is no clearly defined standard for whether the May 7 accident was “material” enough to require disclosure by the company. Adam Pritchard, a law professor at the University of Michigan and former SEC attorney, said he is “very skeptical” a court would find Tesla’s failure to disclose information about the fatal crash to be a breach of the law. He agreed with Musk that the fact Tesla’s stock price regained its value later the same day is “fairly persuasive evidence that it was not material.” He added, “This is development stage technology. There are going to be wrinkles along the way.”

Erik Gerding, a law professor at the University of Colorado in Boulder, said he believes the disclosure issue presented a “tough judgment call” for Tesla executives. “The conservative approach is just to disclose it,” he said, adding that the information could be material if it engenders skepticism about Tesla cars.

The Wall Street Journal indicates that vehicle manufacturers usually don’t disclose traffic fatalities involving their products to investors. With over 35,000 deaths in motor vehicle accidents in America every year, that would amount to over 100 disclosures a day. The difference, of course, is that this matter involves Tesla Motors and new technology. The WSJ says, “Investors have flocked to Tesla shares in part amid conviction the company is on the technological cutting edge and poised to leap ahead of more traditional auto makers.”

Even if that is true, no one has ever suggested that Autopilot would eliminate fatalities completely. Any investor who buys shares in Tesla thinking no deaths or injuries will ever occur is foolish. The fact that the SEC has begun an investigation is news, but the likelihood that any violation of securities law will be found is remote.

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The unfortunate accident in which Brown was killed was the first death while Autopilot was in use and it will not be the last. Should Tesla notify the investment community every time a person is injured or killed in a Tesla automobile? The suggestion seems absurd on its face.

"I write about technology and the coming zero emissions revolution."

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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:

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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.

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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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Investor's Corner

Tesla gets price target upgrade on heels of crazy successful auto quarter

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(Credit: Tesla)

Tesla received a price target upgrade just on the heels of what was a crazy successful quarter for its automotive business, as the company reported a delivery beat of over 15 percent for Q2.

Jefferies analysts are upping Tesla’s price target (NASDAQ: TSLA) to $400 from $375, while maintaining their “Hold” rating on shares, and the strong automotive deliveries from Q2 is a big reason. However, there are some other catalysts that Jefferies believes position Tesla for a strong position in the second half of the year.

Strong Deliveries

Tesla reported 480,000 deliveries for Q2, while Wall Street was between 395,000 and 405,000, as an overall consensus. It was an incredibly strong quarter from a delivery perspective, and Tesla sold well more than it produced during the three months.

Tesla crushes Wall Street expectations, beats delivery estimates by over 15 percent

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While vehicle deliveries are not necessarily looked at in the light that they used to be, Tesla still maintains a lot of advantages for keeping deliveries strong. With the loss of the $7,500 EV Tax Credit last year, Tesla still maintains a strong demand case for its EVs.

Robotaxi Performance

Tesla has been operating Robotaxi for over a year now, as it launched in Austin in mid-2025. That program has expanded to Houston and Dallas, the San Francisco Bay Area, and, most recently, Miami, Florida, the suite’s first appearance in the Sunshine State.

While the Robotaxi suite is still in its early phases and Tesla is working through things like fleet size and wait times, the company has been able to undercut the pricing of its competitors and has a great safety record.

Merger Speculation with Tesla and SpaceX

This is perhaps the biggest topic that many are speaking about with Tesla and SpaceX, and it is the one thing that seems to be on the mind of every investor.

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Jefferies warns that growing talk of a Tesla-SpaceX merger could cause Tesla stock to trade more like a SpaceX proxy, which may disconnect it from underlying automotive fundamentals. SpaceX has a lot going for it, especially its compute deals that have been widely publicized as of late.

Profitability in New Projects Could Take Some Time

Tesla has a few long-term ventures in the pipeline, most notably the Optimus project and Robotaxi, which is launched but will take several years to expand to a meaningful level that resonates with everyday people.

This is something that investors need to be careful of. Tesla’s projects could take some time to round out, so Jefferies advises that these may carry initial losses, rather than immediate profit. Seasoned Tesla investors have echoed something like this for a long time; they knew going in it would not be an open-and-shut strategy. It was going to take time.

These new projects are no different.

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Investor's Corner

NASA taps SpaceX to launch the telescope that could unlock new worlds

NASA’s Roman Space Telescope heads to orbit this August aboard SpaceX’s Falcon Heavy with massive scientific ambitions.

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SpaceX is set to play a central role in one of NASA’s most anticipated science missions in years. The company’s Falcon Heavy rocket, currently the most powerful operational launch vehicle in the world, will carry the Nancy Grace Roman Space Telescope into orbit on August 30 from Kennedy Space Center in Florida. Roman is now in final preparations inside the Payload Hazardous Servicing Facility, where on June 26 technicians used a crane to lift the observatory into a specialized stand for fueling and pre-launch testing.

Roman is named after Nancy Grace Roman, NASA’s first chief of astronomy, whose career helped shape how the agency approaches space science.

NASA chose SpaceX Falcon Heavy because of Roman’s needs to reach a specific orbit far from Earth, well beyond where a standard Falcon 9 can deliver it. The Falcon Heavy, which first flew in 2018, has since become NASA’s go-to option for missions that need serious muscle without the cost and complexity of older launch systems.

Celebrating SpaceX’s Falcon Heavy Tesla Roadster launch, seven years later (Op-Ed)

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Roman will carry a field of view at least 100 times wider than the Hubble Space Telescope, meaning it can photograph enormous swaths of the universe in a single shot rather than the narrow slices Hubble captures. That difference in scale is significant. While Hubble reshaped our understanding of the cosmos over 30 years, Roman is built to work faster and wider, surveying hundreds of millions of galaxies at once.

One of Roman’s most compelling capabilities is its potential to discover and photograph planets orbiting stars outside our solar system, and with enough precision to directly image planets that would otherwise be lost. That means scientists could study the atmosphere and surface characteristics of distant worlds rather than simply confirming they exist. Combined with Roman’s sweeping field of view, the telescope could detect thousands of exoplanets, and some of those planets may be in habitable zones where liquid water could exist. No telescope currently in operation has this level of power and capability. That capability alone could change what we know about other worlds, and perhaps finally answer the question: are we the only intelligent lifeforms in existence? 

What Roman actually finds once it reaches orbit is an open question, and that is exactly what makes this launch worth watching.

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