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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

Tesla just got a weird price target boost from a notable bear

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Credit: Tesla Manufacturing

Tesla stock (NASDAQ: TSLA) just got a weird price target boost from a notable bear just a day after it announced its strongest quarter in terms of vehicle deliveries and energy deployments.

JPMorgan raised its price target on Tesla shares from $115 to $150. It maintained its ‘Underweight’ rating on the stock.

Despite Tesla reporting 497,099 deliveries, about 12 percent above the 443,000 anticipated from the consensus, JPMorgan is still skeptical that the company can keep up its momentum, stating most of its Q3 strength came from leaning on the removal of the $7,500 EV tax credit, which expired on September 30.

Tesla hits record vehicle deliveries and energy deployments in Q3 2025

The firm said Tesla benefited from a “temporary stronger-than-expected industry-wide pull-forward” as the tax credit expired. It is no secret that consumers flocked to the company this past quarter to take advantage of the credit.

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The bump will need to be solidified as the start of a continuing trend of strong vehicle deliveries, the firm said in a note to investors. Analysts said that one quarter of strength was “too soon to declare Tesla as having sustainably returned to growth in its core business.”

JPMorgan does not anticipate Tesla having strong showings with vehicle deliveries after Q4.

There are two distinct things that stick out with this note: the first is the lack of recognition of other parts of Tesla’s business, and the confusion that surrounds future quarters.

JPMorgan did not identify Tesla’s strength in autonomy, energy storage, or robotics, with autonomy and robotics being the main focuses of the company’s future. Tesla’s Full Self-Driving and Robotaxi efforts are incredibly relevant and drive more impact moving forward than vehicle deliveries.

Additionally, the confusion surrounding future delivery numbers in quarters past Q3 is evident.

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Will Tesla thrive without the EV tax credit? Five reasons why they might

Tesla will receive some assistance from deliveries of vehicles that will reach customers in Q4, but will still qualify for the credit under the IRS’s revised rules. It will also likely introduce an affordable model this quarter, which should have a drastic impact on deliveries depending on pricing.

Tesla shares are trading at $422.40 at 2:35 p.m. on the East Coast.

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Investor's Corner

Tesla Q3 deliveries expected to exceed 440k as Benchmark holds $475 target

Tesla stock ended the third quarter at $444.72 per share, giving the EV maker a market cap of $1.479 trillion at the end of Q3 2025. 

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(Credit: Tesla)

Benchmark has reiterated its “Buy” rating and $475 price target on Tesla stock (NASDAQ: TSLA) as the company prepares to report its third-quarter vehicle deliveries in the coming days. 

Tesla stock ended the third quarter at $444.72 per share, giving the EV maker a market cap of $1.479 trillion at the end of Q3 2025. 

Benchmark’s estimates

Benchmark analyst Mickey Legg noted that he expects Tesla’s deliveries to hit around 442,000 vehicles this Q3, which is under the 448,000-unit consensus but still well above the 384,000 vehicles that the company reported in Q2 2025. According to the analyst, some optimistic estimates for Tesla’s Q3 deliveries are as high as mid-460,000s.

“Tesla is expected to report 3Q25 global production and deliveries on Thursday. We model 442,000 deliveries versus ~448,000 for FactSet consensus with some high-side calls in the mid-460,000s. A solid sequential uptick off 2Q25’s ~384,000, a measured setup into year-end given a choppy incentive/pricing backdrop,” the analyst wrote.

Benchmark is not the only firm that holds an optimistic outlook on Tesla’s Q3 results. Deutsche Bank raised its own delivery forecast to 461,500, while Piper Sandler lifted its price target to $500 following a visit to China to assess market conditions. Cantor Fitzgerald also reiterated an “Overweight” rating and $355 price target for TSLA stock.

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Stock momentum meets competitive headwinds

Tesla’s anticipated Q3 results are boosted in part by the impending expiration of the federal EV tax credit in the United States, which analysts believe has encouraged buyers to finalize vehicle purchases sooner, as noted in an Investing.com report.

Tesla shares have surged nearly 30% in September, raising expectations for a strong delivery report. Benchmark warned, however, that some volatility may emerge in the coming quarter.

“With the stock up sharply into the print (roughly ~28-32% in September), its positioning raises the bar for an upside surprise to translate into further near-term strength; we also see risk of volatility if regional mix or ASPs underwhelm. We continue to anticipate policy-driven choppiness after 3Q as certain EV incentives/credits tighten or roll off in select markets, potentially creating 4Q demand air pockets and order-book lumpiness,” the analyst wrote.

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Elon Musk

Elon Musk slams ING Deutschland for denying TSLA shareholders ability to vote

Musk posted his criticism of the firm in a post on social media platform X. 

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MINISTÉRIO DAS COMUNICAÇÕES, CC BY 2.0 , via Wikimedia Commons

Elon Musk has slammed ING Deutschland after the bank confirmed that it was not offering a way for clients to vote in the upcoming 2025 Tesla Annual Shareholders Meeting.

Musk posted his criticism of the firm in a post on social media platform X. 

Musk’s criticism

Musk’s criticism of ING Deutschland came as a response to the bank’s comment to a Tesla shareholder. The shareholder, Maximilian Auer, noted that he has not received a response from the German bank’s customer support on how he could vote with his TSLA shares. In response to the Auer’s comment, ING Deutschland confirmed that it does not offer such a service.

“We do not offer the proxy voting process or the transmission of a control number. There is no legal obligation to do so for general meetings under foreign law,” ING Deutschland wrote in its post.

The firm’s reply received a lot of criticism from users on X, with many stating that such comments could drive clients away. Elon Musk later weighed in with some strong words of his own, stating that the bank is effectively denying shareholders the ability to vote. “Denying shareholders the ability to vote, as you are doing, certainly should be a crime,” Musk wrote in a post on X.

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Tesla’s annual meeting

Tesla’s upcoming annual meeting this year is particularly important as shareholders are voting on the approval of Elon Musk’s new CEO performance award. The pay package, which could pave the way for Musk to become a trillionaire, is also designed to increase his stake in the electric vehicle maker to 25%. This, Musk stated, should prevent activist shareholder advisory firms to disrupt the company.

Tesla highlighted the importance of this year’s annual meeting in a post on X. 

“We pay for outstanding performance – not for promises. In 2018, shareholders approved a groundbreaking CEO Performance Award that delivered extraordinary value. At our Annual Meeting on November 6, Tesla shareholders can vote on a pay-for-performance plan designed to drive our next era of transformational growth and value creation. Seven years ago, Elon Musk had to deliver billions to shareholders – now it’s trillions.

“This plan creates a path for Elon to secure voting rights and will retain him as a leader of the company for many years to come. But as explained below, Elon only receives voting rights after he has delivered economic value to you. Your vote matters. Vote ‘FOR’ Proposal 4!” Tesla wrote in its post on X. 

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