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SEC Lawsuit

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Key phrase:

Although not as common as written agreements, oral agreements can still give rise to contractual relationships.


As long as the components of a contract are there (offer, acceptance, etc), that's what determines it.

But it DIDN'T give rise to a contract. The pursuit to take Tesla private was abandoned by Musk. Funding was clearly not secured.
 
sorry Bob Lutz Jr

j/k

Nice try, shorty. But Bob would never have a garage like mine. :D

IMG_20180928_132712.jpg


That is Bob Lutz Kryptonite. ;)
 
Apparently it isn't possible to voice any criticism of Musk without being accused of being either a "short" or a representative of the great petroleum conspiracy. Even Musk's most bizarre behaviour is supposed to be reasonable.
This "pedo" thing, what the h*** is that about? Getting caught with the hand in the tiller, bedding the wrong woman, whatever, at least that's adult misconduct. Hurling actionable insults on the internet because a basically random guy gets a bit shirty? You should lay that off after your teenage years. Additionally, most people use aliases so that unwise stuff they posted after hitting the booze (or whatever else) doesn't come back to bite them in the morning.
BTW, I do trust that people at the SEC are more familiar with securities law than random people in a forum.
 
US Securities Law - any idea how ironic that sounds here in the land of Wall Street?
Actually, considering what our Banksters get away with, I'm pleasantly surprised to find any SEC charges.

FCPA Unit Statistics 2017 • 24 individuals charged • 18 individuals pleaded guilty • 3 individuals convicted at trial • 7 corporate criminal enforcement actions, resulting in $822 million in corporate U.S. criminal fines, penalties, and forfeiture, and total enforcement action amounts payable to U.S. and foreign authorities of $2.5 billion • 2 declinations under the former FCPA Pilot Program in which the companies agreed to disgorge illicit profits totaling more than $15.2 million to either the Department or the SEC.

Sadly, the fines never seem to go to the victims of these frauds. And the fines are often considered simple cost of doing business.
Especially outrageous are the Bank Drug Cartel Laundering cases.
 
Please point me to any code or case that says if signed documents don't exist it's illegal. That's certainly not how general business law works. So if it's specific to Securities Law then show the proof.

Where did it show he broke the law. It's a bunch of mumbo jumbo about 30-45 min meetings (lame and meaningless)... all just fluff. I've been involved in many many deals and verbal and handshake deals get done all the time prior to working out the fine details later. I'm guessing you don't do much deal making? The way the Saudi deal played out felt very typical in tech/startup/silicon valley circles. Been there. The SEC are jealous sad losers who couldn't make it in the real world. They hate their jobs and can't stand to see people getting rich while they make peanuts and are probably prohibited from equity investing. 2nd rate lawyers who didn't land at the law firm they wanted and settled on the SEC and can now abuse their power to make life difficult for the people actually doing cool s**t.

You have absolutely no idea what you’re talking about.
 
But it DIDN'T give rise to a contract. The pursuit to take Tesla private was abandoned by Musk. Funding was clearly not secured.

That will be the sticking point. As far as Elon is concerned, funding was secured enough that he was considering taking Tesla private. He threw the tweet out as a forward looking statement to generate public response on his consideration. The SEC seems to disagree and is suing Elon to get a resolution. I expect there will be a lot of back and forth between lawyers. We'll see who wins.

The bad thing is the distraction this will cause.
 
That will be the sticking point. As far as Elon is concerned, funding was secured enough that he was considering taking Tesla private. He threw the tweet out as a forward looking statement to generate public response on his consideration. The SEC seems to disagree and is suing Elon to get a resolution. I expect there will be a lot of back and forth between lawyers. We'll see who wins.

The bad thing is the distraction this will cause.
If it were a forward looking statement, then the tweet should have included the "safe harbor" preamble.
But tweeting is NOT a CEO communication platform ... to begin to include it.
 
But it DIDN'T give rise to a contract. The pursuit to take Tesla private was abandoned by Musk. Funding was clearly not secured.
Some news... as I was saying...

Musk believes the SEC’s effort is flawed in assuming that a written agreement and fixed price were necessary for a deal, the person said. Musk also thinks regulators aren’t taking into account that Middle Eastern businesses routinely operate using verbal agreements in principle, the person said.

link Elon Musk believed he had verbal deal with Saudis to take Tesla private