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SEC Sues Musk and Seeks Ban for His Tweets on Go-Private Deal

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Re: SEC Sues Musk and Seeks Ban for His Tweets on Go-Private Deal

#471
post #465

Earlier quoted context omitted.

Shorting a stock means borrowing shares and selling them (making the seller short of shares they still owe). This puts the shares back on the market and absorbs purchasing demand. By supply and demand the price goes down. Regardless of any change in public sentiment or incentives to publicize dirt, at scale shorting a stock inherently reduces the price while the short positions are open.

In practice, at the scale of short selling actually taking place, does it materially impact the price of Tesla shares? Is there even any way to know? Seems like a boogeyman to blame all manner of company ills on. For example, I think very few of the negative press Tesla has received over e.g. union busting or manufacturing defects is due to a short seller conspiracy. That's newsworthy stuff and the media is doing its…

Permitting and perpetuating this kind of myth-making is practically part of Elon's fiduciary duty to his shareholders at this point. You can't fault him for doing it, because he has to.

You have to admit though, based on comments all over any story about Tesla here at least, that it works as a bogeyman. The only other fiction that’s more powerful is that Musk does everything he does to send humanity to Mars, save the world, etc. Musk has a true talent for figuring out what his target audience wants to believe, and then selling it to them at a premium. Smart, technically minded people (key early adopters of Tesla) are desperate for a way to keep humanity going in the face of climate change, possible impact events, and so on. Musk more or less frames his rather mundane personal aggrandizement and money-making endeavors as lynchpins in just those areas. He helps to convince people who want to believe, that they can help save the world not through anything like sacrifice, but by buying stock or a luxury car!

They eat it up, and are enraged at people who scoff, and no one scoffs harder than someone who puts their money on a bet that the stock is overvalued. As a result the short is already a subject of hate, and perfect to pin all of the evils of the world on. It perpetuates a classic tribal narrative and dresses it up in just enough pseudo intellectual finery to convince a target audience which already wants to believe. As a bonus that audience thinks it’s too smart to be fooled that way, and above tribalism, making it easier to sell the story and harder for them to admit what they’ve fallen for.

Look at some of these comments, and you see the evidence of just what I’m talking about!

The law says a lot of things. I'm ok with short sellers losing their shirts regardless.

I also take the long view; Elon is instrumental to the long-term outcome for Tesla, our species, and our planet.

Because he made short sellers look like idiots? I think not. I just bought more.

SEC suing Elon Musk is , quite frankly one of the most abhorrent actions a US govt agency can ever do against genuine American Entrepreneurship and American innovative spirit. There is not a single human being on the planet who comes close to Elon Musk when it comes to big , bold innovation and tech entrepreneurship who is putting his heart and soul into leading the human race into the future.

you can’t disrupt or otherwise show up all of these players: the us/eu/russian/chinese space industries (and by extension the governments of china and russia), the oil industries of russia/saudi/usa, the major auto manufacturers, power companies, professional car and truck drivers, and the us dealership association (what am i forgetting), all of whom are politically very well connected, and some of whom have their hordes of paid shill internet commenters, and upvoting/downvoting bot nets (not that that would ever happen on hn (and if it would it’s against hn rules to suggest it)) and expect not to get trounced. elon might have fucked up by sending that tweet, but the response here, on reddit, and by the gov’t is way out of proportion, esp considering everything positive that this man has accomplished and is currently working on.

He didn’t screw anyone over. Wall street gamblers lost money, and our culture coddles Wall Street bros like helpless babies. Traders who lost money wouldn’t have had the stock to trade without Elon in the first place!

The entire world will lose if Elon is forced out. He’s the biggest fighter for climate change and space travel in modern history, greater than Al Gore in marketing and execution, greater than Buzz Aldrin, Tyson, and cosmos. I’d much rather have an honest relatable Elon Musk than a suit. I’d rather have creativity than suffocating structure.

The subtext is that Elon intentionally bumped the stock price to screw over short sellers like Jim Chanos. But the rationale behind 10b5 is to protect investors from fraud. Right, we are not concerned with protecting short-sellers who spend all day on twitter making up negative stories about their targets.

The battery and solar operations side of TSLA are critical to spaceX's mission to Mars. Can't have a martian colony without being able to harvest and store energy. Additionally the CV being done at Tesla could prove critical in automating prefabrication of living spaces and life support infrastructure. Can't be doing anything like that remote controlled with 8 min latency.

What a joke, there are plenty of scumbag and criminal leaders of corporations and this is the guy who doesn't walk. It'll be a sad day for the world if this guy goes to jail.

I know where Elon comes from, what missions and goals he has stated for years now, and what he is trying to accomplish. I promise you, Elon legitimately thought there would be an opportunity to go private again. He's said he wanted to do so in the past, and even has said they never wanted to go public, but were left with no choice. I don't think any part of Elon was trying to commit fraud or security manipulation. He made a mistake, we all do. He said something that should not have been said at that given point of time. I'm sure he was excited. He even said he typed that tweet in the car after leaving SpaceX.

Re: SEC Sues Musk and Seeks Ban for His Tweets on Go-Private Deal

#472

Earlier quoted context omitted.

> Right, we are not concerned with protecting short-sellers who spend all day on twitter making up negative stories about their targets. This doesn't make sense. We don't go after them because they don't have any authoritative powers/inside knowledge about the company, so a reader cannot be misled by them. If an exec of a company short sells a huge chunk of the company and plants a misleading negative story about the…

What I mean is, we are concerned with price manipulation. But the theoretical harm of price manipulation is that some investor has overpaid based on the intentionally misleading $420 tweet. The SEC is not primarily trying to protect Jim Chanos from getting screwed on his short position. It is trying to protect the "investing public" more generally. When they talk about damages it's not going to be damages suffered by…

Price manipulation hurts short sellers by causing "short burn of the century"

Re: SEC Sues Musk and Seeks Ban for His Tweets on Go-Private Deal

#473
post #395

Earlier quoted context omitted.

Why not? SpaceX will tick along without him, and he won’t leak classified material because then the prison he’d be in would deep and dark indeed.

Yea he’ll join all the other billionaires in jail. I would say he looks pretty guilty of fraud but agree he will never see a cell, just heavy fines. And spaceX may survive without him but losing musk would suck a ton of wind out of their sails.

https://en.m.wikipedia.org/wiki/Joseph_Nacchio

Re: SEC Sues Musk and Seeks Ban for His Tweets on Go-Private Deal

#474

Earlier quoted context omitted.

I'd hope the company itself would be fine. I really hate this idea of the grand visionary. A good friend of mine who is a mechanical engineer despises Musk. I listened to a bit of his Joe Regan interview and when Regan asked him how he has the time to do all of the things he does, there are smoke jokes about him being an alien, but not once did he say, "Well I have an amazing team of engineers" and credit all the tho…

> I really hate this idea of the grand visionary. ... I listened to a bit of his Joe Regan interview and when Regan asked him how he has the time to do all of the things he does, there are smoke jokes about him being an alien, but not once did he say, "Well I have an amazing team of engineers" and credit all the thousands of people in his organizations that actually do the work. I think Elon's active perpetuation of…

I have to completely disagree with you on Elon not giving credit to others. If you have closely followed Elon Musk, ( please check his videos on youtube) even during unveiling Tesla’s new models you will find irrefutable evidence on how he credits his other team members , especially reiterating that people just think its just him but there are many others behind him who do the amazing stuff.

Re: SEC Sues Musk and Seeks Ban for His Tweets on Go-Private Deal

#475

Earlier quoted context omitted.

I'd hope the company itself would be fine. I really hate this idea of the grand visionary. A good friend of mine who is a mechanical engineer despises Musk. I listened to a bit of his Joe Regan interview and when Regan asked him how he has the time to do all of the things he does, there are smoke jokes about him being an alien, but not once did he say, "Well I have an amazing team of engineers" and credit all the tho…

I really hate this idea of the grand visionary. Which is amusing in the case of Musk. As I've said over and over, his approach is to find an industry where most or all of the hard, expensive fundamental R&D has already been done (and paid for) by someone else, and then start a company to incrementally improve it and promise vast cost reductions from economies of scale. That's what SpaceX is. That's what Tesla is. The…

He does what any good businessman would do. He looks for money on the table. In this case its areas where research has been done but it hasn't been operationalized.

That being said I dont mean to minimize what Musk or the teams he has assembled have done. The first 90% of the work toward a new innovation is 90% of the work, then the last 10% is 90% of the work.

SpaceX basically finished the Delta Clipper project.

Re: SEC Sues Musk and Seeks Ban for His Tweets on Go-Private Deal

#476

He definitely lost it. And it's going to cost him. This is an open and shut case against Musk. He definitely sent out that tweet. Yes, maybe just not enough sleep and too many drugs. Not a good excuse. Tesla might do better with a new CEO. They're past the vision stage. Tesla's problems today are all those of running a big auto plant. Musk might do better focusing on Space-X.

[deleted]

Re: SEC Sues Musk and Seeks Ban for His Tweets on Go-Private Deal

#477

This comment I made a few weeks ago is coming alot closer to the truth than I would have expected. I hope for Space X and Tesla's sake that the reports of a directory and Executive ban don't come true. https://news.ycombinator.com/item?id=18016250#18016292 SpaceX is doing well, Tesla has pulled itself back from the brink and may actually become a profitable car company. All Elon had to do was keep his head down and n…

>Tesla has pulled itself back from the brink and may actually become a profitable car company This is a very very generous assessment of the dire financial situation TSLA is in. At best they have hit their production at the expense of quality which will only temporarily offset their costs. Any sustainable mid-term profitability is a very big question mark at this point.

Tesla Model 3 is the most efficient and best quality electric vehicle I've seen. I've owned one for over 6 months now, and early on it was glitchy and needed a lot of software updates, but for the last 3 months it has been extremely rock solid stable, and I'm pretty certain this car will have great longevity. Not to mention, perfect 5 star ratings in safety from NHTSA.

First, I don't like Autosteer (autopilot), as I think it is a little too sloppy because highway lane paintings are not very good in some places. It does much better when tracking a vehicle in front, but I prefer to be in control because it gets a little scary for me personally when I'm traveling 1 foot away from adjacent vehicles and going around a curve and expecting the car to steer for me... This is mostly a personal thing for me - I prefer to be in control of my own fate... you might feel differently.

That being said, I love the Traffic Aware Cruise Control (TACC) - it's light years ahead of any other manufacturer, as it uses the Tesla computer vision system.

What it does that is really amazing is that you can set the speed to +10 (which is what I do) and with one flick of the steering wheel paddle once you get on the freeway it will set your maximum speed to 75mph (in a 65mph zone; +10) and it uses the computer vision system to determine when it needs to slow you down due to a vehicle or obstacle in front of you.

The amazing thing is that because it uses a computer vision system, it is smart enough to not brake when a vehicle is directly in front of you but you are going around a curve so you will never actually hit the vehicle. In other words, it keeps your maximum speed, with safe following distance, no matter what type of strange curve or oncoming traffic might normally fool it into emergency braking.

Re: SEC Sues Musk and Seeks Ban for His Tweets on Go-Private Deal

#478

Earlier quoted context omitted.

https://www.reddit.com/r/wallstreetbets/comments/95otw7/just...

My ex-brother-in-law is the only reason I'd believe those stories aren't completely fictitious. I wonder if there's a formal psychological diagnosis for "thinks simple math is a genius system that everyone else missed". Because I had money, and EBIL didn't, he was always coming to me with shit like this. I don't know how many times I said something along the lines of, "if it's that easy, why isn't Goldman Sachs takin…

Because there is always a risk. It is a risk/return question.

The risk is if Elon musk could be a misleading liar, and the return was 20%. Well the end result is that Elon musk is a manchild who deserves books thrown at him by SEC and DOJ.

Re: SEC Sues Musk and Seeks Ban for His Tweets on Go-Private Deal

#479

This comment I made a few weeks ago is coming alot closer to the truth than I would have expected. I hope for Space X and Tesla's sake that the reports of a directory and Executive ban don't come true. https://news.ycombinator.com/item?id=18016250#18016292 SpaceX is doing well, Tesla has pulled itself back from the brink and may actually become a profitable car company. All Elon had to do was keep his head down and n…

Amazingly, Musk apparently had reached a settlement with the SEC over this, then blew it up:

https://twitter.com/tomgara/status/1045472592595996672

I don't understand people who defend him as head of a public company.

Re: SEC Sues Musk and Seeks Ban for His Tweets on Go-Private Deal

#480

Earlier quoted context omitted.

Could Tesla move to another country and get listed there instead, so he could stay CEO?

Not without facing a huge number of lawsuits. If your business plan requires being led by someone the SEC has banned you need a new business plan.

The only countries I could see Tesla moving to, if this plan is followed, are China, Russia, and North Korea. Obviously lawsuits would be the least of their problems if this occurred.
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