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Tesla is getting unnecessarily weighed down by the SEC’s claims against Elon Musk

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Tesla stock (NASDAQ:TSLA) dropped on Monday after the US Securities and Exchange Commission asked a judge to hold Elon Musk in contempt for reportedly violating a settlement that required him to get approval before releasing any social media posts or announcements that could be material to investors. Regardless of the judge’s decision, Elon Musk and the SEC’s run-ins with each other are adversely affecting investors and unnecessarily weighing down Tesla. This is something is best avoided, by the company and Elon Musk himself, in the future.  

According to the SEC, Musk’s tweet on February 19, when he mentioned that Tesla will make “around 500K” vehicles in 2019, was a violation of his settlement with the agency last year. Musk later clarified his statement, explaining that he was talking about an annualized production rate of around 500k (roughly 10k cars per week) vehicles by 2019’s end, but that deliveries for the year are “still estimated to be about 400k.” 

The SEC claimed in papers filed in a Manhattan court that Elon Musk “once again published inaccurate and material information about Tesla to his over 24 million Twitter followers, including members of the press, and made this inaccurate information available to anyone with internet access.” The SEC’s announcement adversely affected the company’s stock, sending TSLA plummeting 4% on Monday’s after-hours following the announcement. It did not take long before some of the company’s staunchest critics began to predict that Musk will be incarcerated.

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Despite the company’s critics calling for Musk to be sent behind bars, Peter Haveles, a partner at Pepper Hamilton in New York whose practice specializes in commercial and regulatory disputes, noted in a statement to The Verge that another fine will likely be the result of the SEC’s claim against the Tesla CEO.

“Mr. Musk will try to argue that it’s a one-time thing, and the issue will be, is that really the case? Will the SEC come forward with evidence from Tesla that they are struggling to get Mr. Musk to comply with the process? It’s unlikely that Musk will face being barred from serving as a director or officer of a publicly traded company for the tweet,” he said, later adding that Elon Musk’s tweet doesn’t rise to the level of criminal contempt; and thus, the CEO does not have to worry about jail time.

Nevertheless, it should be noted that while the SEC might be a bit aggressive with its request to have the CEO held in contempt of court due to his February 19 tweet, Musk could have avoided the entire issue altogether if he had just been more careful. And it’s not like this is the first time such a thing happened either, as it was his Twitter activities that landed him in hot water last year due to his now infamous “funding secured” announcement.

It will likely be difficult for the SEC to prove that Elon Musk’s tweets were a violation of his settlement’s terms. For one, Musk’s February 19 tweet was made while markets were closed. Thus, it will be very challenging to gauge the “materiality” of the announcement. Musk also mentioned the same figures weeks before during the Q4 2019 earnings call, when he estimated that Tesla could produce “maybe in the order of 350,000 to 500,000 Model 3s” this year. Musk mentioned this in a later tweet, stating that the SEC seemed to have forgotten to read the transcript of Tesla’s Q4 earnings call.

It is difficult to not see a certain bias emerging from the SEC against Musk’s Twitter activities, considering that the tweet in question did not really affect Tesla stock and the estimate was already public knowledge due to the fourth quarter earnings call. In a way, it almost seems like the SEC’s recent initiative against Musk is response of sorts against the CEO’s statements against the agency. Musk has mocked the agency on Twitter in the past, dubbing it as the “Shortseller Enrichment Commission,” and in a 60 Minutes segment, he flat-out admitted that he does not respect the SEC. Ultimately, the SEC’s claim would have to rely on the premise of Elon Musk posting his Tesla-related tweet without the message being vetted first, as agreed upon in last year’s settlement.

Tesla is at a point in its history where the company could grow into one of the most potent forces in the auto industry. With Model 3 production stabilized, Gigafactory 3 under construction, and vehicles like the Model Y set to be revealed, tweets like Musk’s February 19 announcement are things that the company can do without. If led by a more careful, more calculating Elon Musk, Tesla’s inevitable rise to power will most definitely happen sooner than expected.

As of writing, Tesla shares are trading -3.52 at $288.25 per share on Tuesday’s pre-market.

Disclosure: The opinions presented in this article are the author’s alone, and do not necessarily reflect the stand of Teslarati. I have no ownership in shares of TSLA and have no plans to initiate any positions within 72 hours. 

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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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Investor's Corner

Elon Musk issues dire warning to Tesla (TSLA) shorts

This time around, Tesla shorts should probably heed his words.

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Credit: Tesla

Elon Musk has issued a dire warning to Tesla (NASDAQ:TSLA) short sellers. If they do not exit their position by the time Tesla attains autonomy, pain will follow. 

Musk has shared similar statements in the past, but this time around, Tesla shorts should probably heed his words.

Musk’s short warning

The Tesla CEO’s recent statement came as a response to Tesla retail shareholder and advocate Alexandra Merz, who shared a list of the electric vehicle maker’s short-sellers. These include MUFG Securities EMEA, Jane Street Group, Clean Energy Transition LLP, and Citadel Advisors, among others. As per the retail investor, some of Tesla’s short-sellers, such as Banque Pictet, have been decreasing their short position as of late.

In his reply, Elon Musk stated that Tesla shorts are on borrowed time. As per the CEO, TSLA shorts would be wise to exit their short position before autonomy is reached. If they do not, they will be wiped out. “If they don’t exit their short position before Tesla reaches autonomy at scale, they will be obliterated,” Musk wrote in his post.

Tesla’s autonomous program

Tesla short sellers typically disregard the progress that the company is making on its FSD program, which is currently being used in pilot ride-hailing programs in Austin and the Bay Area. While Tesla has taken longer than expected to attain autonomy, and while Musk himself admits to becoming the boy who cried FSD for years, autonomy does seem to be at hand this year. Tesla’s Unsupervised FSD is being used in Robotaxi services, and FSD V14 is poised to be released soon as well.

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Elon Musk highlighted this in a response to X user Ian N, who noted that numerous automakers such as Audi, BMW, Fiat-Chrysler, Ford, GM, Honda, Mercedes-Benz, Volkswagen, and Toyota have all promised and failed in delivering autonomous systems for their vehicles. Thus, Tesla might be very late in the release of its autonomous features, but the company is by far the only automaker that is delivering on its promises today. Musk agreed with this notion, posting that “I might be late, but I always deliver in the end.”

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Deutsche Bank boosts Tesla (TSLA) stake by 20.8% to over $2.6 billion

The German banking giant now owns 10,076,461 Tesla shares.

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Credit: Tesla China

Deutsche Bank AG has significantly increased its position in Tesla (NASDAQ: TSLA), boosting its stake by 20.8% in the first quarter. 

The German banking giant now owns 10,076,461 Tesla shares, an additional 1,733,531 shares compared to the previous quarter, valued at roughly $2.61 billion. 

A top holding

As noted in a report from MarketBeat, Tesla now represents about 1% of Deutsche Bank’s overall investment portfolio, making it the firm’s 13th-largest holding. This also means that Deutsche Bank now owns 0.31% of the electric vehicle maker, at least as of its most recent SEC filing.

Tesla shares are typically volatile, and they are still being traded actively, with an average trading volume of 104.7 million. As of writing, Tesla has a market capitalization of around $1.11 trillion, making it the biggest automaker in the world by far.

Institutional investors

Deutsche Bank is not the only firm that has been increasing its stake in TSLA. Charles Schwab Investment Management raised its Tesla holdings by 4.9% in Q1, resulting in the firm now controlling over 18.17 million shares worth $4.71 billion. Evolution Wealth Advisors also increased its Tesla stake by 85.7% to over 13,000 shares.

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Overall, institutional support for Tesla remains robust, with 66.2% of the company’s stock held by hedge funds and other large investors.

TSLA stock has been seeing some momentum as of late, amidst reports that the electric vehicle maker is making progress in several of its key initiatives. Tesla’s Robotaxi business in Austin and the Bay Area is expanding well, and Elon Musk recently announced that FSD V14 should be released soon to consumers. Tesla China is also expected to launch the Model Y L, a six-seat extended wheelbase version of its best-selling car, before the end of the third quarter.

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Elon Musk

Elon Musk’s new $29B Tesla stock award gets strange synopsis from governance firm

Did CGI not realize that Tesla Shareholders supported Musk being paid not once, but twice?

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elon musk speaking
Credit: TED

Elon Musk was recently awarded around $29 billion in Tesla stock as the company’s Board of Directors is attempting to get its CEO paid after his original pay package was denied twice by the Delaware Chancery Court.

But a new and strange synopsis from the Corporate Governance Institute (CGI) says the award is potentially a strength move to “endorse the will of a powerful CEO.” The problem is, in the same sentence, the firm said the new award brings up a “question of whether the board exists to steward a company in the interests of all stakeholders.”

The problem with their new analysis of Musk’s pay package is that shareholders voted twice on Musk’s original pay package of $56 billion. They voted to give Musk that sum on two separate occasions.

Musk’s original $56 billion pay package was approved by shareholders twice; once in 2018 and once again last year. Last year’s vote was in response to Delaware Chancery Court Kathaleen McCormick’s decision to revoke the “unfathomable sum” from Musk.

Shareholders still showed support for Musk getting paid. Tesla said in its new award to the CEO that this is a way to give him compensation for the first time in seven years.

CGI said in its note (via TipRanks):

“When a board builds its strategy around a single individual, it creates a concentration risk, not just operationally, but culturally and ethically. If that individual becomes a source of volatility, the company becomes fragile by design.”

What’s strange with this type of narrative is the fact that Tesla’s valuation has skyrocketed with Musk at the helm. Go back to 2020, and the stock is up over 200 percent. Since Musk’s $56 billion pay package was introduced in 2018, shares are up well over 1,000 percent.

Tesla engineer explains why Elon Musk deserves new pay package

Musk’s 2018 pay package was also not awarded to him without performance-based incentives. He was required to reach certain growth goals, all of which were accomplished through the launch of new vehicles and the advancements of its driver-assistance suites, like Autopilot and Full Self-Driving.

It is tough to agree with CGI’s perception of Musk’s new pay plan, especially as it is much less than what shareholders voted on twice. Musk deserves to be paid for his contributions to Tesla.

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