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TSLA Market Action: 2018 Investor Roundtable

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Couldn't the SEC have gotten some more legal advice, or at least wait until the quarter was over, before filing a borderline frivolous lawsuit? The timing was entirely their decision and Elon could not have known that they'd rush to file the lawsuit almost immediately.

Usually the SEC is discouraging market manipulation - this time they actively engaged in it.

Very similar to teslas credit rating being lowered right before quarterly delivery numbers. These guys know exactly what their doing.
 
Yesterday's closing price was $307.52, so the 10% drop uptick rule activates at around $276.76.

The price is currently slightly below that level, so it could be triggered right on the opening tick. Once triggered it remains active for today and for all of Monday.

The uptick rule prohibits market participants (traders, funds) with a short position to use pressure sales to mark down the price: market sell orders and stop sell orders of any kind, and limit orders below the "national best bid".

They can only use what regular bearish stock holders selling stock generally do: limit orders above the best bid, and of course they can buy as well.

Right,

But I believe if we don’t start the day triggered the. at opening bell shorts will be more than eager to substantially add to their position to:

Increase their position because this affirms a popular thesis.

Keep the SP above $280

As a result, they’ll have a ton of short term ammunition, and beat the drum right through earnings.

If that is the case the usual suspects will be blasting the internet with quality concerns, bankruptcy concerns, and that isn’t good for a brand no matter how you slice it. Every bit of good news will be swatted away while anecdotal bad news will be presented as the norm. This will be increased because there will be more skin in the game.

Alternatively, if triggered at opening bell then you have a ceiling that would prevent a substantial amount of shares making that temporary transfer which will save a major depression in the share price. The best reassurance on the first day that shorts will be back in full force should be the day deliveries are announced.
 
Be careful, my friend, as there may be some institutions that have in their by laws that they can not hold stock when a company or it's CEO is under SEC investigation.......I am not a lawyer or a member of the SEC but maybe just back up half a truck tomorrow.
That might be believable, but I don't think so, because SEC investigations come and go. It's possible that the news of an SEC investigation wouldn't come out until it was already closed.
 
Couldn't the SEC have gotten some more legal advice, or at least wait until the quarter was over, before filing a borderline frivolous lawsuit? The timing was entirely their decision and Elon could not have known that they'd rush to file the lawsuit almost immediately.

Usually the SEC is discouraging market manipulation - this time they actively engaged in it.
Imagine what would happen if Tesla released good Q3 results. Then imagine what would happen after that if SEC then sued.
I think suing before the results gives a much better outcome.
 
NYT:

"[...]

The S.E.C. approached the Tesla chief with an offer to settle the case, according to a person familiar with his thinking, but he refused to negotiate, adamant that he had done nothing wrong. A person briefed on the talks said they fell apart Thursday morning, setting the stage for the S.E.C. to vote on the action."

Not a surprise.

In hindsight Elon’s unsollicited tweet of 25 September about his love for Tesla owners makes sense. He may have had their support in mind at a time when he was contemplating the SEC settlement offer, and before jumping into the deep.
 
Do you mean the stock price was about to rise due to Q3Q4 and other Model 3 successes? It wasn't rising very quickly when he made the tweet.

You misremember, following the Q3 EC, it jumped 15%, then over the next week drifted in the 340 range. Then it jumped up to 365 on the news that Saudi had invested $1-2 billion, THEN Elon Tweeted.
 
When trading has stopped today and we are below $250, we'll see a statement about Elon remaining as CTO/head of design and resigning as CEO.
CTO isn't the right position for him I suspect, and it'd be a position he couldn't hold anyway if the SEC gets their way.

And he's fighting this, so the only stepping down in the near future would be the board or shareholders making him. Which, apparently the board's reiterated support for him, so...
 
NYT usual hit piece. But even they could stop themselves from some comparisons:

Holmes of Theranos, banned for ten years for severe fraud in my eyes.

Mark Cuban threatened with two years for insider trading. Won in court.

Some hedge fund trader whose portfolio managers were insider trading (shocking!) got two years banned from managing money.

Musk, they go after for lifetime ban. This is personal as it always seems to be with Elon.

NYT finished it up by stating that hundreds of Model 3 have been seen in parking lot in CA! And that some need repairs and had misalignments and body gaps! Nice last paragraph.

Will admit am distressed by all this. The timing sucks.
 
We should be pleased Elon is fighting this. The guy has conviction which is why I invest in Tesla. I believe in him more than I believe in myself which is why I have invested as much financially and emotionally in Tesla as in my own business. He has a lot more expert knowledge than I have, is more highly skilled and works way harder!

The drama on the Tesla share price is annoying, but I will take this as an opportunity to buy a few more shares (I don't have much cash left!) and be on my merry way.
 
Will admit am distressed by all this. The timing sucks.

I agree with @ItsNotAboutTheMoney that it's much better to have this over with now, and any price reaction after the release of the Q3 delivery report early next week and the Q3 financials early November would be with this negative news already priced in.

In fact something like this was expected already, as it was clear from last week's leak that the SEC was investigating.

Shorts could possibly have stopped a post Q3 (delivery or financials) rally if the SEC filed its suit in October.
 
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I think that legal argument is tenuous, but even under that standard it could have been considered equally reckless to allow rampant trading on the Saudi news, locking out most investors of that information, while Elon was in full knowledge of the true intent of the Saudis: they already bought a significant stake in Tesla, they supported taking Tesla private, and wanted a Gigafactory built in Saudi Arabia.

This is incorrect. See Basic vs Levinson. That ruling is essentially : "it is perfectly fine to keep silent on takeover and merger talks, but once you talk about it, you must not mislead nor act recklessly". Basically : saying "No Comment" is fine but "Not that I am aware of" (while you are aware) is not. Or as the supreme court has it :

SCOTUS in Basic vs Levinson said:
In these early stages of the discussions between Combustion and Basic, Basic had no duty to speak, but once it spoke, it assumed the legal duty to be truthful.

The lawyers are going to hash it out what level of agreement counts as 'secured' under those circumstances, but generally even verbal agreements count as such in California. If the agreement by the leader of the Saudi investment fund, who manages 250 billion dollars in assets which they want to grow by 100 billion dollars per year, who just told you that they bought 5% of Tesla, and supported the notion of taking Tesla private (with conditions) isn't funding secured, then I don't know what is.

The suit alleges there was not even a verbal agreement to the extent represented by Musk (material elements named in the suit are $420 share price; retail shareholders can continue to invest; the only contingency being a shareholder vote) The suit also alleges that even if Elon was honestly thinking there was agreement, as an informed CEO he should have known there wasn't. That seems a reasonable position to take. The much smaller yet less complicated SolarCity takeover took months. No reasonable person going through that experience would then expect to do a deal at least 10 times that size on the basis of a 45 minute meeting. No reasonable person would assume that they did not need to discuss a price target with a potential buyer. No reasonable person would assume they could propose a retail investor structure that circumvents legal protections for said investors in private companies without discussing this with appropriate financial and legal council. Especially if you are aware of such limits as CEO of another high profile private company.
 
The timing of this news coming out exactly with 1 trading day left right before the week where Tesla's final proof of profitability is most probable - well that is very, very suspicious.

Now we know, why taking private would have been better for the future of humanity, but maybe not for our money (tiny private investors)
and maybe Elon should take Tesla private anytime he can and don't look back again.


Don't think twice: IF they bring Tesla down and there is no good selling long-range EV over some years, the big automakers can (and will) proclaim anytime, that is wasn't proftable, wasn't working, wasn't clean, wasn't whatever and stop their EV developments anytime!

We are not there, not quite!

Fingers crossed for our sustainable future.

TODAY it is NOW or NEVER friends!

Don't forget today is also the last trading day of Q3.... If you wanted to time a release to help short's quarterly reports it would be hard to pick a better day than yesterday.
 
My biggest concern is. Let’s say this quarter is great. They need to keep ramping up. How long can employees keep up this marathon. And they will probably still have QC issues while they do ramp up. It’s hard to QC stuff when the procedures keep changing to make things faster.

I'd *much* rather have a car from the quarter-end rush of Q3 than the quarter-beginning of Q2. There's zero doubt in my mind that the variation in quality within any quarter is less than the variation of quality between quarters.
 
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