Yuri_G
Member
This seems a reasonable tactic/strategy ?
A Field Guide To Potential Securities Violations By Tesla's Foes — In Depth | CleanTechnica
That was written by the original poster of this thread, and a monumental first effort!
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This seems a reasonable tactic/strategy ?
A Field Guide To Potential Securities Violations By Tesla's Foes — In Depth | CleanTechnica
I am researching the "personal benefits" provision of Section 10(b)5 that is a rule influencing the 1934 Securities Exchange Act Section 10(b). The case I'm looking at is Dirks vs. Security and Exchange Commission from 1985. Any help in researching and finding parameter within which we can work in SEC tips would be most appreciated. What we wish to avoid is filing tips that are clearly unable to be prosecuted.
In particular, I'm looking for examples where the SEC has prosecuted journalists or media firms for deceptive articles that influence a stock's price when there's no known securities owned by the writers of those articles.
I’ve been following Tesla for years, even though I’m a relative newcomer to TMC. I’ve written something like 56 articles about Tesla, so I’ve done a ton of research.
I think some people posting in this thread misunderstand how the stock market works. There is no logical connection between day traders or other short-term speculators and Tesla’s success as a company. This is a fallacy.
Short-term volatility does not harm Tesla. I think a lot of people don’t understand this, and see volatility as bad or scary or harmful. Volatility is actually a rational and healthy part of the stock market that is partially a result of purely random factors and partially a result of uncertainty and risk. Tesla is a risky and uncertain stock, so there is high volatility. As it should be. As Elon said, if you don’t like volatility, stay away from Tesla.
Short-term speculators try (and mostly fail) to profit from volatility. This is essentially a form of gambling like betting on horses or UFC matches or football games. (Like sports betting, people have “systems” that are actually just junk and don’t do better than chance.)
It’s true that short-term speculators can, in theory, profit from spreading misinformation. As an easy example, if a speculator could somehow get TMZ to falsely report that Elon died in a car crash, the stock might drop briefly before Elon could tweet a photo of himself with today’s newspaper. This is illegal, and it could enrich a mastermind speculator. But it would not actually harm Tesla! At all! Even a little bit! The effect would be so brief, it would be like it never happened at all.
I think this is the main point people don’t understand. A hypothetical market manipulation would be illegal and unethical and a possibly lucrative crime for a short-term speculator. But it would merely be a way to create temporary volatility. The next day, it would not change the stock market’s assessment of Tesla’s intrinsic value based on discounted cash flow analysis. Let alone the next quarter, or the next year.
For false information to be harmful to Tesla, it would have to be something that can’t be quickly refuted, or that won’t be refuted in the next few quarters. And for it to be an illegal act that can be pursued by authorities, you have to at a minimum prove two things:
1) intent to deceive
2) the person stood to gain financially from the deception
So far, nobody has been able to find a single example where there is any evidence of uncontroversially, objectively false information about Tesla being intentionally spread by someone with a short position.
Journalists don’t own stocks or short positions, so that’s a dead end right there. And good luck proving intent to deceive.
Short sellers are well within their legal rights to express their opinions, come up with crazy conjectures and conspiracy theories, and make ridiculous assertions. As long as it is expressed as opinion or theory, it’s not market manipulation. As long as there is no intent to deceive, it’s not market manipulation. And even if there is intent to deceive, as long as you can’t prove that, you can’t prove it’s market manipulation.
Papafox Is there a formal complaint process (not tips) we could use to file a complaint and have it signed by a lot of TMC folks on a specic instance? I am thinking of the recent SEC headline that almost triggered the circuit breaker or maybe one of the market sales pre Goldman release the next day?
Where?I’ve been following Tesla for years, even though I’m a relative newcomer to TMC. I’ve written something like 56 articles about Tesla, so I’ve done a ton of research.
Don't you love these "people". They are just harmless gamblers and the attacks they do on twitter, complains in SEC etc. is just a harmless amateur noise.I think some people posting in this thread misunderstand how the stock market works. There is no logical connection between day traders or other short-term speculators and Tesla’s success as a company. This is a fallacy.
Musk said it in frustration. Volatility is nor a rational neither healthy part of the stock market. It is never a result of purely random factors. It is always result of speculations on the short side by definition.Short-term volatility does not harm Tesla. I think a lot of people don’t understand this, and see volatility as bad or scary or harmful. Volatility is actually a rational and healthy part of the stock market that is partially a result of purely random factors and partially a result of uncertainty and risk. Tesla is a risky and uncertain stock, so there is high volatility. As it should be. As Elon said, if you don’t like volatility, stay away from Tesla.
Misreporting preliminary investigations as actual is a crime, spreading misinformation with the intent to cause harm is a crime, quoting long time ago disproved or expired events as current is misrepresentation which can easily described a libel and is a crime.It’s true that short-term speculators can, in theory, profit from spreading misinformation. As an easy example, if a speculator could somehow get TMZ to falsely report that Elon died in a car crash, the stock might drop briefly before Elon could tweet a photo of himself with today’s newspaper. This is illegal, and it could enrich a mastermind speculator. But it would not actually harm Tesla! At all! Even a little bit! The effect would be so brief, it would be like it never happened at all.
this temporary market manipulation is a way of existence of TSLA since 2012, or over-blowing during first 4 years or suppressing like last two. None- stop. As I was writing credit ratings are determined by this volatility in no small part.I think this is the main point people don’t understand. A hypothetical market manipulation would be illegal and unethical and a possibly lucrative crime for a short-term speculator. But it would merely be a way to create temporary volatility. The next day, it would not change the stock market’s assessment of Tesla’s intrinsic value based on discounted cash flow analysis. Let alone the next quarter, or the next year.
False information has to be. That is it. If you do it much and often enough it will stick to the person even if there no real substance. Classical cases for Tesla are "injuries reports", "deaths by autopilot", "massive defects", "bad fit&finish"etc. etc.For false information to be harmful to Tesla, it would have to be something that can’t be quickly refuted, or that won’t be refuted in the next few quarters. And for it to be an illegal act that can be pursued by authorities, you have to at a minimum prove two things:
1) intent to deceive
2) the person stood to gain financially from the deception
only FBI can do that. Sometimes, because even for them accessing proper shorts information is difficult. Or better said next to impossible.So far, nobody has been able to find a single example where there is any evidence of uncontroversially, objectively false information about Tesla being intentionally spread by someone with a short position.
This is not true.Journalists don’t own stocks or short positions, so that’s a dead end right there. And good luck proving intent to deceive.
Sure "catch me if you can".Short sellers are well within their legal rights to express their opinions, come up with crazy conjectures and conspiracy theories, and make ridiculous assertions. As long as it is expressed as opinion or theory, it’s not market manipulation. As long as there is no intent to deceive, it’s not market manipulation. And even if there is intent to deceive, as long as you can’t prove that, you can’t prove it’s market manipulation.
There are plenty of NYT articles about Tesla of the same quality.I will give you that the NYT article was a surreal moment in which someone basically just repeated stuff off Twitter without putting in the small amount of effort required to confirm or disconfirm it: just take pictures of the parking l[/ots multiple days in a row and see if the cars change.
There are plenty of things which can be done only by opening hood of Tesla.A line from that article: “Photos posted online on Sunday show hoods open, possibly indicating maintenance work.” Probably worth clarifying in the article that Teslas don’t have engines under the hood. Even if the author knows that, many of the readers probably don’t.
This is BS. As many cases show much can be done, especially against american residents, or citizens of continental Europe.However, with regard to what people say on Twitter, here’s what you need to understand. People who express a negative or skeptical view of Tesla, and even people who spread silly conspiracy theories, are exercising their right to free speech and abiding by Twitter’s terms of service. There is nothing you can do to stop them.
LOL.It may be true that journalists are unduly influenced by random Twitter trolls, and this is an argument why Twitter should be redesigned and/or why more people should quit Twitter. It’s a platform where millions of people are telling you their instant, knee-jerk response all the time, so it’s a lot of snark, sarcasm, anger, noise, degradation, and unhealthy obsession.
LOLHowever, your view that a “cabal” is afoot sounds immediately suspect to me. It seems likely that many anti-Tesla trolls have multiple sockpuppet accounts. It also seems like that anti-Tesla trolls form online connections and communities, just as Tesla fans do. But neither of these things is illegal, or suggests a conspiracy of powerful people.
LOLThis TMC thread, for instance, is the beginnings of a conspiracy of pro-Tesla vigilantes seeking to do secret, arguably unethical, and possibly illegal things because of an imagined boogeyman. Sometimes online mobs form out of sheer paranoia or irrationality.
CNBC is on in any reception room of any company I've ever entered.The financial media might be short-term focused and panicky, but that doesn’t mean that is the right mindset or that the financial media’s preoccupations matter. CNBC and Twitter would love you to believe that the world revolves on their power and suck you into their world of noise. But almost everything said on these platforms has no consequence whatsoever, and only feels important to people addicted to the neurological stimulus they provide.
Insider trading includes use of any information not available publicly. In case of Tesla it was synchronization of the reports about SEC and short attacks. It also could be used for trades synchronized with misreports or media attack.You do realize that "INSIDER TRADING" would implicate Tesla directors, officers, or high-level employees, right? I can understand you wanting to tackle manipulation from outside Tesla, but I do not see how insider trading would apply. Everyone in the company is issued either stock or options. Where is their motivation to drive down the value of the stock?
Funny in 2008 crisis one of the first moves was to prevent short selling of financial industry. If short selling so valuable for determining the “fair” price of a company than why do such a move. It is really all about the financial industry and it’s power they are the biggest group to reap benefits of short selling by collecting fees, commissions, interest rates and profit from loaning on margin. Once financial industry threatened by the short selling system, it is immediately suspended.
Here's a quote by @Chickenlittle in the market trading thread that bears repeating. When financial stocks are being threatened, the first line of defense of the SEC is to discontinue the shorting.
Now we have an otherwise-resilient stock, TSLA, being battered by significant short-selling tactics.
That's only true from the perspective of those who are in large companies and think they provide everything and that smaller companies and families can't open more business market share to fulfill those needs: Commercial Paper is a way to buoy up the licensing structure of government picking winners and losers, and for large companies to undercut small companies on a mass scale. You decry the lack of gas, but I point at that and say you don't need to drive to talk to your neighbor who has just opened a business selling you his vegetables. (Never mind that our temporary one century blip of not having our own farms for cartage fuel is finally coming to an end; we used to have hay for our horses, and now we have solar panels for our electric vehicles, both farms turning sun into cartage.) You decry the lack of paychecks from the big companies, and I say, yes, that's true, but those employees can go to work for themselves, and set up IOU systems of their own with their neighbors for what they grow in their back yards.This is just not true. It's not the "first line of defense", it was a desperate measure taken at a time of national crisis. In 2008, there was a real and legitimate fear that the economy would cease to function. Take, for example, the commercial paper market. If the Fed had not intervened, companies may have not been able to buy supplies or pay their employees — on a mass scale. Once companies can't stay open, people don't have income and the government doesn't have revenue. Basic goods and services can't be provided. It's like a hurricane, a flood, or a power blackout, but on a national scale. And with no end in sight.
Today's academics are literally jokes. That's bad for you and me, since it means we have to cite actual studies so that we can cut through the jokes, but there it is. But you go on in that paragraph to explain that people who don't know the story behind the stock price of Tesla don't understand the story, therefore it must be fine; that's the silliest argument I've seen in a while that isn't trying to just be an outright lie. You then throw a bunch of mud at it in an effort to cover everything up.Academic research finds that
You decry the lack of gas, but I point at that and say you don't need to drive to talk to your neighbor who has just opened a business selling you his vegetables. (Never mind that our temporary one century blip of not having our own farms for cartage fuel is finally coming to an end; we used to have hay for our horses, and now we have solar panels for our electric vehicles, both farms turning sun into cartage.) You decry the lack of paychecks from the big companies, and I say, yes, that's true, but those employees can go to work for themselves, and set up IOU systems of their own with their neighbors for what they grow in their back yards.
Granted, the urban areas would once again be subject to the slavery of being dependent on far away landowners because urban dwellers don't fully own themselves because they don't have enough land. But that's almost always been the case. Suburbs could still farm in their back yards for food and their rooftops for solar. Rural areas have all the options (except for those who are subject to communist anti-landowner laws).
I think most Americans would not be as sanguine as you about an economic collapse so devastating that it forced the country to revert back to a pre-industrial form of organization.