BTW. since bears/shorts seem to have at least one mole at the SEC, I believe the main goal of the "SEC probe" is not to get any "conviction" (a single freshman lawyer could make any charges against Elon to be laughed out of court), but:
- To create a well timed negative news cycle with drip-drip leaks about SEC investigation of Tesla,
- to create uncertainty about the going-private deal in the hope of making it fail due to lack of investor support,
- to set the stage for further regulatory and legal attacks against the deal,
- to subpoena highly confidential documents about the going-private negotiations, to use the information to perform insider trading, and/or to selectively release any portions that can be spun in a Tesla-negative way.
Given these points, I am convinced the SEC will investigate their mole and leaker of privileged information which enabled insider trading and market manipulation - all of which are serious felonies that often result in jail sentences and disbarment.
Just kidding!
It's obviously much more important for the SEC to investigate whether Elon tweeting to millions of investors who all receive it within a split second is legal public disclosure, and to investigate whether the belief of Elon that funding is "secured" for one of the hottest new companies on Earth, from Saudis who flew to Elon last year to convince him to allow them in, was an accurate word to use.