What is the evidence?
Mod: I approved the above post without noticing the bit about SEC investigation. Unsupported allegations are unacceptable. @Reality, please provide a credible link. --ggr.
it's all circumstantial, so when i say strong evidence i guess you want me to clarify "strong circumstantial evidence"?
No sales of stock by named officers that were not filed under a 10b5-1 plan in over 12 months
No 10b5-1 plans filed in the same amount of time
No capital raise by Tesla despite liquidity issues that are far worse than when they typically have raised in the past (have never allowed WC to get this low)
Significant questions around the Solarcity lawsuit and the claims around the solar roof capabilities (see solar city lawsuit)
Upper level finance people leaving Tesla for significantly lower level positions in terms of size of company (CAO and VP Finance, this is not common in finance world)
To me, the biggest are the first 2, but when you wrap all of them together it looks very much like they cannot raise capital or file for a shelf registration. It would explain all of them, but just 1 of them doesnt really prove anything.
Together it is fairly strong evidence that Tesla cannot do an equity raise at this time. That might change if they hit 5k a week.
General speculation: The 1.8b in bonds were issued with a 5.3% coupon rate in August of 2017. The assumption on those bonds was that Tesla could reach 5k per week by the end of the year. That was essentially a cornerstone to the Moodys ratings and likely what non hedgers were relying on when purchasing (altho hedgers have a good gripe right now too).
By the end of Q3, just TWO MONTHS LATER, Tesla already pushed the timeline back on M3 guidance to end of Q1.
On the Q4 conference call in February, Musk admitted that 2 of the zones
"just didnt work, and it took 6-9 months to fix, and are now up and running". See EC (im doing the date of this from memory, but the timeline implies the possibility they knew the lines were not working when they made the bond issuance and had to fix them)
Now if you piece that timeline together, one might infer that the bond issuance was done while management knew the 5k per week by the end of 2017 was not possible. If the SCTY item didnt raise a red flag already with the solar roof, you can bet that this did. Hence the Moody's quick downgrade.
Bond holders are risk averse and typically more well funded groups. Those bonds moving down so quickly likely made a lot of big money unhappy, which adds pressure to the SEC. If Tesla knowing made a bond issuance with material information they knew was not accurate, they could be in serious hot water with the SEC. Given all of the above, I think its a reasonable bet that they are.