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Thanks for posting. Given Tesla's structural response to the original agreement and that Elon was referring to already public information it seems that the SEC is asking for a contempt charge for a pretty small mistake that was quickly corrected.

I will be surprised if the Judge sides with the SEC.
 
That's just the point. It was a stupid meaningless mistake that any human could have made. My god, have you never worded a post wrong? If you did so, was your typo secretly an attempt to give out "material information"?

I want to report the SEC to the SEC :Þ

elon signed a legal document saying he'd have his tweets reviewed before publishing. as evidenced by 60 minutes and this, he's clearly not doing that. also his new lawyer left the next day lol.
 
What if Tesla makes 500,000 cars this year? Rumor is they are building 7000 Model 3’s per week now, plus about 2000 SX is 450,000 rate already.
On the other hand, he’s not reviewing company tweets with anyone. He just needs to text the new CFO and get a yes, no edit, ie 500,000 runnrate, not 500,000. Ok, thanks Zach.
Yes, thats my point. It doesn't matter whether he made factual statement or if his tweets moved market. I think the SEC is only looking at "Did Elon Musk seek approval for his tweet?" for the claim.
 
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For those following...

The problem is with the word "will"

That's not guidance, anymore. There's a big difference between these two statements:
  • We expect to make 500k
  • We will make 500k
One is a forward-looking statement, the other is a declarative action.

This is why we have disclosure laws, and why the SEC said he should have his tweets reviewed.

What. an. idiot.
 
For those following...

The problem is with the word "will"

That's not guidance, anymore. There's a big difference between these two statements:
  • We expect to make 500k
  • We will make 500k
One is a forward-looking statement, the other is a declarative action.

This is why we have disclosure laws, and why the SEC said he should have his tweets reviewed.

What. an. idiot.

Lol first post and you think we don't know you're agenda? To quote you "What. an. idiot."
 
elon signed a legal document saying he'd have his tweets reviewed before publishing. as evidenced by 60 minutes and this, he's clearly not doing that. also his new lawyer left the next day lol.

*If* they contain new material information. This didn’t, either as he intended to write and corrected it to(run-rate of 500k) *or* as actually written, since that was included in the range he gave during the conference call.
 
That's just the point. It was a stupid meaningless mistake that any human could have made. My god, have you never worded a post wrong? If you did so, was your typo secretly an attempt to give out "material information"?

I want to report the SEC to the SEC :Þ

First off I think the tweets are meaningless in terms of market movement. However, since the SEC is begging for a chance to nail Musk, this mistake wouldn’t have happened if the tweet was reviewed first yes? Will be interesting to see what happens. Dumb that it is over something so silly. But the agreement is pretty straightforward.
 
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Yes, thats my point. It doesn't matter whether he made factual statement or if his tweets moved market. I think the SEC is only looking at "Did Elon Musk seek approval for his tweet?" for the claim.

and if he didn't, which he probably didnt, then he's in for a lot of *sugar*. thumbing your nose at the SEC like this is always gonna catch the SECs attention. and everyone here loves to act like the SEC has a grand conspiracy with the shorts but frankly this is how laws work. the settlements they negotiate have to be adhered to or they are meaningless.
 
*If* they contain new material information. This didn’t, either as he intended to write and corrected it to(run-rate of 500k) *or* as actually written, since that was included in the range he gave during the conference call.

The The Verge report says

Elon Musk might be held in contempt of court over a Tesla tweet

According to the SEC, Musk allegedly did not seek approval for this tweet from Tesla’s legal counsel, as per the settlement guidelines. Three days after it was sent, the SEC confirmed with Telsa’s lawyers that no one had reviewed it.
Tesla’s lawyer worked with Musk to correct the original tweet in a follow-up, the SEC document says.

So it was the lawyers that made Elon correct it and then the general counsel leaves the very next day. I think he knew this was coming. As most ppl have said, Elon is literally his own enemy. He's biggest pro (hyping stuff up) is his greatest weakness.
 
The The Verge report says

Elon Musk might be held in contempt of court over a Tesla tweet



So it was the lawyers that made Elon correct it and then the general counsel leaves the very next day. I think he knew this was coming.

this is fairly open and shut for the SEC. not much of a defense Elon can make, if the SEC is in the mood to rip up the settlement. hopefully they let him go with a contempt charge. otherwise they will not offer as good a deal next time.
 
Lol first post and you think we don't know you're agenda? To quote you "What. an. idiot."

No, was just pointed here from Twitter and thought I'd explain why the 500k tweet was so problematic.

According to the court filing, Tesla's lawyer immediately asked for a meeting with Musk, and immediately drafted a clarifying tweet. Tesla's lawyer resigned the next day.

Regardless of people's opinions on the law, it is still the law, and Elon did violate it.

I will be curious to see how this plays out, because the court filing makes two claims:
  1. Musk violated his settlement
  2. SEC has reason to believe that 500k in 2019 is not achievable for Tesla. Hints that their supplier contracts haven't ordered the requisite materials.
 
elon signed a legal document saying he'd have his tweets reviewed before publishing.

I literally linked Tesla's policy (established as per the SEC agreement); did you not read it? It only requires approval for publication of material information. There was no intent to post material information in that post. Furthermore, it actually was within guidance as expressed in the investor call.
 
For those who missed it:

upload_2019-2-26_0-2-9.png
 
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