50% Off! Beat the market in 2025 with InvestingProCLAIM SALE

Musk Files Appeal to End SEC Oversight of His Twitter

Published 06/15/2022, 10:54 PM
© Reuters.
TSLA
-

By Michael Elkins

Tesla (NASDAQ:TSLA) CEO, Elon Musk, filed an appeal Wednesday against a judge's refusal to end his 2018 agreement with the U.S. Securities and Exchange Commission. The agreement stems from a settlement with federal regulators over misleading statements posted by Musk on Twitter. Musk posted that he had had the funding to take the company private.

According to the settlement, Musk was required to step down as chairman of the board, pay $20 million in penalties, and comply with new company procedures for any future communications related to Tesla, including via his Twitter account. The new procedures require a Tesla lawyer to screen tweets that might contain material information about the company before they go out.

In a court filing, Musk said that he will ask the 2nd U.S. Circuit Court of Appeals in Manhattan to overturn an April decision by U.S. District Judge Lewis Liman that upheld the settlement.

Musk asked judge Liman in March to terminate the consent decree. Musk said in court papers that he was coerced into making the deal with the SEC, claiming that he "never lied to shareholders" in his initial tweet that he had secured funding to take Tesla private.

U.S. District Judge Linman said in the written opinion at the time, "Musk, by entering into the consent decree in 2018, agreed to the provision requiring the pre-approval of any such written communications that contain, or reasonably could contain, information material to Tesla or its shareholders."

"He cannot now complain that this provision violates his First Amendment rights. Musk's argument that the SEC has used the consent decree to harass him and to launch investigations of his speech is likewise meritless and, in this case, particularly ironic," he added.

Musk is currently in a $44 billion agreement to acquire Twitter. The deal is still pending and many questions remain about if it will close, including Musk's criticism of Twitter's bot problems.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.