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Again, I'm trying not to post, but isn't this grounds for finding the SEC in contempt of court?
Making falsified quotations in legal filings is an attempt to defraud the court.
After that, I would request that the SEC be sanctioned for attempting to defraud the court. But then I'm vindictive.
I didn't react to Elon being misquoted when I read it. Most of the time the SEC quoted "around 500k". But there was one mishap near the end when they quoted "will make 500k". Still bad. I bet the SEC really whish that the word "around" wasn't used in the tweet.You don't think there's a factual dispute when the SEC asserts that Musk wrote "will make 500K" in a particular tweet (using quotation marks) and in actual fact that is not what he wrote? While Musk says, accurately, that he wrote "around 500K"?
That looks like a factual dispute to me. Two claims, in quotation marks, about exactly what was tweeted. One claim is true, one is false. Enter evidence of the tweet to resolve the dispute.
Sorry, it's no true at all that Elon and Tesla didn't make a good-faith effort to comply with a settlement - it's a false narrative of the SEC, and it is a bad faith argument to such a degree that I think the SEC lawyers should be sanctioned for it.
Here's a LONG list of good faith compliance measures of both Elon and Tesla making a lot of good faith effort to comply with the settlement:
The fact that Elon didn't send a single tweet for securities counsel was undisputed in Elon's reply motion, and the SEC bringing it up as a failure is an intentionally misconstrued, borderline dishonest legal argument.
- Elon stepped-down from his position of Chairman of the Board
- Tesla chose two new independent directors, not objected to by the SEC,
- Tesla hired a new securities counsel, ran by and not objected to by the SEC,
- Tesla formed a new Disclosure Committee of independent directors and worked out a disclosure policy,
- Elon consciously chose a particularly safe method to comply: he started self-censoring every tweet after the Disclosure Committee was established, avoiding ANY mention of material or potentially material information,
- This method, by definition, resulted in him not having to pass through tweets the Disclosure Committee or the securities laweyr,
- As a result the number of Elon's tweets dropped roughly in half compared to the period before, as laid out in the expert opinion,
- Elon also limited most of his Tesla tweets to after market hours,
- This was all a result of his self-censorship and good-faith effort to avoid conflict with the SEC.
- Tesla not only established the Disclosure Committee that held several hearings, but they also had a lawyer on line who was real-time monitoring every tweet of Elon, and was giving him feedback. This wasn't required by the settlement, yet they implemented it, proving that Tesla and Elon went way beyond the letter of the settlement to get the SEC off their backs.
- Furthermore, the clarification tweet was the result of and is proof of this exact monitoring effort: Tesla counsel indicated to Elon that the "about 500k cars" tweet might be ambiguous and that out of abundance of caution they wrote a second tweet clarifying what he meant.
- Tesla paid $20,000,000 and Elon paid another $20,000,000 in "fines".
The SEC moved against Elon I believe because they WANTED conflict and they wanted confrontation for unknown reasons, and the SEC WANTED to punish Elon for being disrespectful of the SEC's action, which btw. was before the Disclosure Committee and the new policy went into effect.
Again, I'm trying not to post, but isn't this grounds for finding the SEC in contempt of court?
Making falsified quotations in legal filings is an attempt to defraud the court.
After that, I would request that the SEC be sanctioned for attempting to defraud the court. But then I'm vindictive.
Again, I'm trying not to post, but isn't this grounds for finding the SEC in contempt of court?
Making falsified quotations in legal filings is an attempt to defraud the court.
After that, I would request that the SEC be sanctioned for attempting to defraud the court. But then I'm vindictive.
I didn't react to Elon being misquoted when I read it. Most of the time the SEC quoted "around 500k". But there was one mishap near the end when they quoted "will make 500k". Still bad. I bet the SEC really whish that the word "around" wasn't used in the tweet.
And wtf does "around 500" really mean? Does it mean 499-501 or 400-600? No one can decide that. This SEC-nonsense is so stupid.![]()
I didn't react to Elon being misquoted when I read it. Most of the time the SEC quoted "around 500k". But there was one mishap near the end when they quoted "will make 500k". Still bad. I bet the SEC really whish that the word "around" wasn't used in the tweet.
And wtf does "around 500" really mean? Does it mean 499-501 or 400-600? No one can decide that. This SEC-nonsense is so stupid.![]()
Good points, but I think it should not be neglected that the MR was introduced as a stop gap (we can do it now, rather than February) and it was going to go away at some point. The timing was the only question.My guess: Tesla is seeing a good mix of people opting for the SR+, so they could safely eliminate the probably lower margin MR, splitting that demand into three directions:
They probably figured that it's an overall margin improvement - and it would also increase the effective battery cell supply at the Gigafactory (a higher mix of SR/SR+ results in fewer cells being manufactured into more battery packs), which appears to be the current manufacturing bottleneck.
- Long Range upgrade
- SR+ and a higher take-rate for AutoPilot
- maybe some SR
- Very few lost sales - people can either downgrade or upgrade the battery pack.
Aren't you neglecting that there was an extra $3,750 tax break in December? I'm the poster child here for not qualifying for tax breaks so I really paid significantly more for my Tesla than other folks.This still seems shitty. I am ordering a new car and paying 8k. My dads car ordered in December cost me far more than a M3 would today and since I ordered EAP for him, I'm paying $7k + tax for his FSD in total. Yet those who didnt order anything ahead of time, are being rewarded with 5k FSD instead of punished. While its the early adopters that are in fact being punished. I get that we are all bulls here, but this is garbage. Anyone that says otherwise is rationalizing.
This still seems shitty. I am ordering a new car and paying 8k. My dads car ordered in December cost me far more than a M3 would today and since I ordered EAP for him, I'm paying $7k + tax for his FSD in total. Yet those who didnt order anything ahead of time, are being rewarded with 5k FSD instead of punished. While its the early adopters that are in fact being punished. I get that we are all bulls here, but this is garbage. Anyone that says otherwise is rationalizing.
First: EAP includes some of what is now FSD -- so for $5k you get parts of FSD past the current $3k API have not complained (much) about the M3 I got my dad for Xmas being devalued or my Model S resale being destroyed. However, the pricing schedule of EAP and FSD was set to incentivize us to buy early or be punished. Please show me what early access to EAP or full self driving I have received? We early supporters are simply being overcharged and punished for giving Tesla a free loan. The least they could do is honor their promises to us or make it right.
the people I spoke to were aware of this, lets get this thread back on track though. my only point is to take people's legal opinions, who aren't lawyers, with many grains of salt. confirmation bias is a hell of a thing, thats all.
The least they could do is honor their promises to us or make it right.
Anywhere between 244-389On a more positive note I’d like to hear everyone December 31st share price targets.
Carsonight said that 1 of the 3 S&X lines have been shut down for all of q1.