X Fan
Active Member
We'd sue for damages.
Securities lawyers are already going for it: Tesla, Inc. (NASDAQ: TSLA) | Hagens Berman | National Class Action Litigation Firm based in Seattle, WA
It sure looks like Elon Musk made a materially false statement when he said "funding secured" at a 420/share price, with no majority investor (implying a consortium). The short investment thesis posits that Tesla has limited access to capital markets, which Elon blew away with this tweet.
If it's not true, then we were given materially false information and damaged by it.
Lying to damage shorts is still lying, and is still illegal.
The bulls will have a lawsuit, too. They'll say they saw his tweet and purchased at 370 believing that a 420 buyout was possible. If it turns out that the 420/share buyout was no where close, they'll have grounds to sue for damages as well.
This is why we have securities laws and procedures. It's why Musk should have filed an 8K detailing the plan instead of blabbing on Twitter.
Words matter. "Funding secured" was a huge, huge error for Elon Musk.
------------------------
The list of banks willing to do this is getting very small: Dan Primack on Twitter
Alex Sherman on Twitter
As I noted earlier, no matter what happens there will be lawsuits. In America & regardless of merit, trial lawyers & liquidity events go hand in hand these days.