Elon believed he had the funding for it. Legally, it would have been prudent to use less certain language, but it's not clear that he crossed any line with his wording. We'll see what the SEC concludes.
I think it's fair to say that he made the privatization seem more certain than it really was. I don't know what kind of line that crosses either.
Twitter is accepted by SEC as information dissemination outlet for business information.
He utilized his 23million follower twitter account to communicated with investors about his thoughts on going private at $420. The “funding secured” was a continuation of this thought process, not separate from it.
Elon did not sell any stock after this tweet. He did not do this tweet for insiders to sell stock. This tweet was his and only his decision to communicate with all investors equally and to get their feedback on the thought. Again, It was an open communication on an desire to go private at $420 and the conditions were there with funding secured at $420 according to Elon’s estimations.
If the standard is the market price changed on a tweet, then all ceos tweeting anything business related would be in violation. Stock price change based on tweets as an SEC violation is a non argument and will not hold in any investigation.
If shorts are going to act on semantics, then the semantics resoundingly clear Elon. The entire tweet was a thought. An idea. He did not say Tesla is going private, he said he was thinking of going private. The next sentence was apart of that thought process. Funding secured was apart of his thought process in going private. It was not a statement of fact or misleading anyone to believe private was a done deal or actually happening. Again, semantics matter to shorts, and thankfully they aslo matter legally here.
It is provable beyond a reasonable doubt the market reacts to tweets a ceo makes. Over the 10 years of ceos tweeting is substantial evidence to this point. The short traders making daily trades on tweets is not grounds for and sec action on any Elon tweet given it is materially proven Elon did not sell shares because it.
It is highly manipulative of short traders and mainstream media outlets to continuously around the clock call Elon a fraud and recycle the same accusation articles over and over again.
This is actually where the SEC investigation ought to go, since this type of manipulation is not exclusive to Tesla but market wide.