
SEC Legally Allowed To Continue Harassing Elon Musk, Does So

- Author:Jon Shazar
- Publish date:Feb 25, 2022
Gary Gensler & co. are upping the ante to “insider trading.”
As expected, a federal judge was not particularly impressed by Elon Musk’s sophisticated “the SEC are a bunch of meanies and I hate them” legal argument.
[U.S. District Judge Alison Nathan] said that Musk -- if he wanted to challenge a subpoena by the SEC -- would need to “have a non-frivolous basis” to do so and could file a motion to quash a subpoena, with a briefing to request “specific relief from the Court.”
On Musk’s allegation that the SEC had leaked information about a federal investigation to an un-named entity, the judge noted that his attorney’s letter to the court did not “contain specific facts or legal authority to justify” a request for “on-the-record assurance that the Commission has not leaked investigative details.”
And, so fortified, Gary Gensler & co. aren’t being shy about making the Tesla chief feel ever more harassed and aggrieved.
The Securities and Exchange Commission is investigating whether recent stock sales by Tesla Inc. Chief Executive Elon Musk and his brother, Kimbal Musk, violated insider-trading rules, according to people familiar with the matter…. Kimbal Musk sold 88,500 shares one day before the Tesla CEO tweeted about the potential sales of his own. The company’s shares fell sharply in the wake of Mr. Musk’s poll—58% of voters said he should sell—indicating the tweet was viewed as negative news.
SEC Probes Trading by Elon Musk and Brother in Wake of Tesla CEO’s Sales [WSJ]
Judge rejects Tesla CEO Elon Musk’s attempt to bring SEC before the court [CNBC]
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Tagsterms:Kimbal MuskSECinsider-tradinglawElon MuskTeslaFrivolityAlison NathanBy Jon Shazar
Any other outcome would amount to intolerable persecution of a billionaire.

We’re at the “seeing what sticks” portion of Tesla’s bid to get out from under the deal it signed and has never lived up to.

Having been shown for fools for more than three years, the regulator might have to do something more than shake its head and take the Tesla chief at his word.
![By Heisenberg Media (Flickr: Elon Musk - The Summit 2013) [CC BY 2.0], via Wikimedia Commons](https://dealbreaker.com/.image/ar_16:9%2Cc_fill%2Ccs_srgb%2Cfl_progressive%2Cg_faces:center%2Cq_auto:good%2Cw_620/MTYxMjc3MTk1NTY2MDAwMDky/elon_musk.jpg)
Seems combustible solar panels sold by public companies are the kind of thing the regulator wants to look into.

Who wants to explain everything he does to the SEC/judge/board members/Saudi crown prince?

Nikola may have no revenue, but it does have subpoenas.
![By Heisenberg Media (Flickr: Elon Musk - The Summit 2013) [CC BY 2.0], via Wikimedia Commons](https://dealbreaker.com/.image/ar_16:9%2Cc_fill%2Ccs_srgb%2Cfl_progressive%2Cg_faces:center%2Cq_auto:good%2Cw_620/MTYxMjc3MTk1NTY2MDAwMDky/elon_musk.jpg)
Nor, for that matter, is Congress particularly amused by Jack Dorsey’s.

What’s the South Korean government’s position on exterminating MBAs?
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Originally posted on: https://dealbreaker.com/2022/02/sec-opens-musk-brothers-insider-trading-probe