Car Chat General discussion about Lexus, other auto manufacturers and automotive news.

SEC sues Elon Musk

Thread Tools
 
Search this Thread
 
Old 09-29-18 | 11:33 AM
  #61  
swajames's Avatar
swajames
Pole Position
 
Joined: May 2010
Posts: 2,650
Likes: 758
From: SF Bay Area, CA
Default

Some interesting reporting on the initial negotiations towards a settlement and their collapse which resulted in the SEC action.

https://www.nytimes.com/2018/09/28/b...-sec-deal.html

A neither admit nor deny deal, with penalties but resulting in Musk staying on as CEO but relinquishing the Chairman role was reportedly offered. That now seems to be off the table.

Last edited by swajames; 09-29-18 at 11:37 AM.
Old 09-29-18 | 01:00 PM
  #62  
RXSF's Avatar
RXSF
Moderator
 
Joined: Aug 2006
Posts: 12,064
Likes: 74
From: San Francisco, CA
Default

Honestly, with Musks passion, vision for the company, and stubbornness, it wouldn’t have worked if he stepped down in any way from making decisions at Tesla
Old 09-29-18 | 01:01 PM
  #63  
RXSF's Avatar
RXSF
Moderator
 
Joined: Aug 2006
Posts: 12,064
Likes: 74
From: San Francisco, CA
Default

Originally Posted by bitkahuna


It's still above 6 mos ago and 52 wk low so not that cheap.
i guess you're hoping a blow out q3 will help?
haha yep. Let’s not forgot this drop in stock price is not reflective of tesla performance. Just a little bad publicity. They are doing everything they can to deliver cars to people. Tesla employees from all parts of the company are being paid OT to hand deliver cars to people
Old 09-29-18 | 02:40 PM
  #64  
mmarshall's Avatar
mmarshall
Thread Starter
Lexus Fanatic
 
Joined: Oct 2003
Posts: 91,715
Likes: 89
From: Virginia/D.C. suburbs
Default

Originally Posted by bitkahuna
ah, the haters and lovers are out in full swing here.
I'm neither a lover or hater....somewhere in the middle. I started the thread simply because I felt it was significant news about an auto-industry CEO...which is part of what we discuss in Car Chat.
Old 09-29-18 | 02:53 PM
  #65  
Hoovey689's Avatar
Hoovey689
Moderator
iTrader: (16)
 
Joined: Oct 2008
Posts: 42,327
Likes: 129
From: California
Default

Originally Posted by mmarshall
I'm neither a lover or hater....somewhere in the middle.
We call that Hover Later
Old 09-29-18 | 03:36 PM
  #66  
swajames's Avatar
swajames
Pole Position
 
Joined: May 2010
Posts: 2,650
Likes: 758
From: SF Bay Area, CA
Default

And..... he’s settled.

$20m fine plus resign as chairman. Will keep CEO role.


Last edited by swajames; 09-29-18 at 03:40 PM.
Old 09-29-18 | 04:28 PM
  #67  
bitkahuna's Avatar
bitkahuna
Lexus Fanatic
iTrader: (20)
 
Joined: Feb 2001
Posts: 75,631
Likes: 2,588
From: Present
Default

Originally Posted by bitkahuna
i believe this will still get settled with a fine and no admission of wrongdoing.
Originally Posted by swajames
And..... he’s settled.
$20m fine plus resign as chairman. Will keep CEO role.



and i'm not imagining a new chairman overruling musk.

stock will pop monday. well played rxsf.
Old 09-29-18 | 06:40 PM
  #68  
mmarshall's Avatar
mmarshall
Thread Starter
Lexus Fanatic
 
Joined: Oct 2003
Posts: 91,715
Likes: 89
From: Virginia/D.C. suburbs
Default

Originally Posted by bitkahuna
i'm not imagining a new chairman overruling musk.
We'll see. Technically, the new Chairman will have one more stripe than Musk. Henry, Ford II, for example, the notorious King Henry, as Ford Chairman, was able to hire and fire (literally) at will...even people with as much rank and power as Lee Iacocca and Hal Sperlich.
Old 09-29-18 | 07:18 PM
  #69  
Stormwind's Avatar
Stormwind
Racer
 
Joined: Jan 2007
Posts: 1,936
Likes: 0
From: CA
Default

well, looks like musk stopped smoking weed for a few minutes long enough to realize it was a good idea to take the sweet heart deal. i don't think tesla has a chairman anyways just like when steve jobs was alive apple also don't have a chairman.

so everyone who bought the 15% dip on friday will see a rally just as much come monday opening.
Old 09-29-18 | 07:25 PM
  #70  
swajames's Avatar
swajames
Pole Position
 
Joined: May 2010
Posts: 2,650
Likes: 758
From: SF Bay Area, CA
Default

So it seems it was 40m in fines. $20m for the bogus tweet, and another $20m penalty for what boils down to the lack of board oversight. In addition to Musk stepping down as chairman, Tesla has to add 2 more independent directors to the board and also establish an oversight committee to keep Musk tweets etc in check.
Old 09-29-18 | 07:39 PM
  #71  
mmarshall's Avatar
mmarshall
Thread Starter
Lexus Fanatic
 
Joined: Oct 2003
Posts: 91,715
Likes: 89
From: Virginia/D.C. suburbs
Default

Originally Posted by swajames
$20m for the bogus tweet,


20M for a Tweet? That's pushing it. I can understand a fine for some of the other stuff.
Old 09-29-18 | 08:03 PM
  #72  
Vladi's Avatar
Vladi
Pole Position
 
Joined: Jan 2004
Posts: 2,676
Likes: 5
From: Florida
Default

Originally Posted by mmarshall
20M for a Tweet? That's pushing it. I can understand a fine for some of the other stuff.
Not for a tweet but for a fraudulent speculation that has propelled the company up 25% in value. Classic pump and dump uptrend. Many around him have made superfast money while others have lost bunch by believing in Funding secured hoping for a quick buck. In the end 20 mil is nothing
Old 09-30-18 | 07:07 AM
  #73  
situman's Avatar
situman
Pole Position
 
Joined: Jul 2010
Posts: 3,486
Likes: 166
From: NY
Default

Originally Posted by Vladi
Not for a tweet but for a fraudulent speculation that has propelled the company up 25% in value. Classic pump and dump uptrend. Many around him have made superfast money while others have lost bunch by believing in Funding secured hoping for a quick buck. In the end 20 mil is nothing
I think it is still pending court approval. I hope the courts realize what a farce this lawsuit and penalties are and reject the settlement or at least add another 0 behind the 20m fine.
Old 10-03-18 | 01:14 PM
  #74  
mmarshall's Avatar
mmarshall
Thread Starter
Lexus Fanatic
 
Joined: Oct 2003
Posts: 91,715
Likes: 89
From: Virginia/D.C. suburbs
Default

Well, it looks like King Tut has changed his mind again, and is backing out of the deal.

This is getting to be more of a soap opera than even the VW scandal. Musk is, apparently, letting his King-sized ego dictate things, rather than common sense. Translated, in plain English.........."How dare they do this to me....I'll show 'Em".

........and the show goes on.

https://www.nytimes.com/2018/10/02/b...-musk-sec.html

Elon Musk’s Ultimatum to Tesla: Fight the S.E.C., or I Quit




After the Securities and Exchange Commission accused Elon Musk of securities fraud, Tesla’s board defied regulators, issuing a provocative statement saying that it was “fully confident in Elon, his integrity, and his leadership of the company.”CreditCreditPatrick T. Fallon/BloombergBy James B. Stewart
  • Securities and Exchange Commission officials were understandably taken aback on Thursday morning when Tesla’s board — and its chairman, Elon Musk — abruptly pulled out of a carefully crafted settlement.
After the S.E.C. responded by accusing Mr. Musk, but not the company that he had co-founded, of securities fraud, the board further defied regulators, issuing a provocative statement saying that the directors were “fully confident in Elon, his integrity, and his leadership of the company.”

It was a stunning reversal: The board had rejected a settlement that was extraordinarily generous — it would have allowed Mr. Musk to remain as chief executive, and required him to step down as chairman for only two years. Now, the company was at risk of losing Mr. Musk as chairman and chief executive if regulators prevailed in court.

“What it tells us is this board, as a strategic plan, must be using the Jim Jones-Jonestown suicide pact,” Jeffrey Sonnenfeld, a professor at the Yale School of Management, said Friday on CNBC. “They are drinking the Kool-Aid of the founder. It is completely as self-destructive as Musk is.”But Mr. Musk had given the board little choice: In a phone call with directors before their lawyers went back to federal regulators with a final decision, Mr. Musk threatened to resign on the spot if the board insisted that he and the company enter into the settlement. Not only that, he demanded the board publicly extol his integrity.

Threatened with the abrupt departure of the man who is arguably Tesla’s single most important asset, the board caved to his demands, according to three people familiar with the board’s decision.

The next day, Tesla’s lawyers were back at the S.E.C., all but groveling for a second chance — this time with Mr. Musk’s grudging approval.

One factor in Mr. Musk’s change of heart: Tesla’s stock plunged Friday morning as investors absorbed news of the rejected settlement and the possibility that the S.E.C. would force Mr. Musk to step down. It would finish down almost 14 percent on Friday.

On Saturday, the company and Mr. Musk finally agreed to settle the matter, ending a crisis that began with Mr. Musk’s now-infamous Twitter post saying that he had “funding secured” for a buyout at $420 a share.

Mr. Musk’s 48 hours of obstinance came at a significant price to him and the company. They had passed on Thursday’s generous offer, and the S.E.C. felt compelled to extract greater concessions. The ban on Mr. Musk’s serving as chairman went from two years to three, and his fine doubled to $20 million. Tesla will also pay a $20 million fine, and Mr. Musk agreed to personally buy the same amount in Tesla stock.Vid

Elon Musk wants to fundamentally change the way we live. But his path to success has been characterized by both great accomplishments and flirtations with failure.

“Rejecting such a favorable settlement is proof that he needs monitoring,” said John C. Coffee Jr., a professor at Columbia Law School. “He didn’t have a legal leg to stand on, and I’m sure his lawyer told him that. But he got very touchy about not being able to proclaim his innocence.”

From Mr. Musk’s view, that had been a crucial problem with a settlement from the beginning. Mr. Musk neither admitted nor denied guilt as part of the agreement, and he cannot publicly contest the S.E.C.’s allegations. He cannot say, as he did on Thursday, that “I have always taken action in the best interests of truth, transparency and investors” and “the facts will show I never compromised this in any way.”

Tesla’s stock has rebounded this week, reflecting investors’ relief that Mr. Musk will remain as chief executive while the company puts mechanisms in place to curb his increasingly impulsive behavior. The board will closely watch Mr. Musk’s communications with investors, and establish a permanent committee responsible for, among other things, monitoring disclosures.

But it remains to be seen how effective the board can be, given Mr. Musk’s erratic temperament and his dominant role in the company.People involved in the board’s deliberations this week told me that some directors have proposed their fellow director, James Murdoch — the chief executive of 21st Century Fox, most of which is being sold to the Walt Disney Company — as chairman. But Mr. Murdoch hasn’t volunteered for the post nor has he discussed it with any other director. And another person close to the selection process said the board hadn’t yet engaged in any “serious” discussions of who should be chairman. The people spoke on the condition of anonymity because the board discussions were private.

Under terms of the settlement, the board has 45 days before Mr. Musk must resign. Whether it is Mr. Murdoch or another similarly qualified candidate who takes over as chairman, managing Mr. Musk will be no easy challenge.

Independent directors frequently face difficulty asserting themselves in any company with an outsize figure like Mr. Musk, whether it be a founder, controlling shareholder or powerful chief executive, said Lucian Bebchuk, a professor at Harvard Law School and an expert in corporate governance. Such people can often replace any director who crosses them, he said.

“Adding two independent directors can be expected to help, but its impact is likely to be limited,” Professor Bebchuk said. “As courts and governance researchers have long recognized, the presence of a dominant shareholder is likely to reduce the effectiveness of independent directors as overseers of the C.E.O.’s decisions and behavior.”

In the end, it took legal action by the S.E.C. to accomplish what had been increasingly obvious to most Tesla observers, including many of Tesla’s own directors: For all his brilliance, Mr. Musk’s reckless impulses must be kept in check.

Foremost among those should be threats to quit if he doesn’t get his way.

Last edited by mmarshall; 10-03-18 at 01:17 PM.
Old 10-03-18 | 01:25 PM
  #75  
swajames's Avatar
swajames
Pole Position
 
Joined: May 2010
Posts: 2,650
Likes: 758
From: SF Bay Area, CA
Default

MM, I think that's more of a background story on how things went down from the initial offer to the rejection to the climbdown and acceptance of a bigger penalty/punishment than was originally on the table. Either way, it's doesn't paint either Musk or Tesla's board in a particularly favorable light. Founders like Musk and other rule-breakers/visionaries before him will always be hard to handle, it comes with the territory and it is what it is, but to my mind the SEC should gone after the board harder and insisted on board changes, not just the addition of two directors.



All times are GMT -7. The time now is 09:30 PM.