SEC May Impose Penalties on Elon Musk for Non-Appearance in Court

Elon Musk, the high-profile CEO of multiple companies that include the letter ‘X’ such as SpaceX, is currently on the radar of regulatory bodies following his absence from a scheduled court appearance related to his acquisition of Twitter.

In recent filings, the U.S. Securities and Exchange Commission (SEC) stated its intention to enforce sanctions on Musk. The billionaire entrepreneur missed a court-ordered appearance at a Los Angeles courthouse on September 10 without notifying the SEC until just three hours before the proceedings were set to start.

The SEC document emphasizes that Musk’s delaying strategies and evasive maneuvers need to be addressed by the court. Instead of attending the court hearing, Musk was overseeing the launch of Polaris Dawn, a spacecraft developed by his company, SpaceX, as mentioned in the filing.

Despite the SEC’s offer to move Musk’s hearing to the following day, Musk’s legal representative declined, agreeing only to dates in October. The SEC has now threatened to seek “meaningful conditional relief” if Musk fails to appear in court in October. Additionally, the agency plans to file a motion to recover its travel expenses for the canceled testimony and other remedies. The SEC alleges to have spent thousands of dollars to fly a team of three lawyers to Los Angeles for the September 10 hearing.

The requirement for Musk to appear in court stems from an SEC investigation into whether Musk adhered to legal protocols while disclosing his Twitter stock purchases before acquiring the social media giant for $44 billion in 2022. The probe also aims to determine if Musk’s public statements regarding the acquisition were misleading, with the SEC alleging that Musk delayed the disclosure of his Twitter stock purchases by at least 10 days.

This is not the first time Musk has found himself under the scrutiny of the SEC. In 2018, the agency required Musk to step down as Tesla’s chairman and pay $40 million in penalties following tweets related to Tesla shares that the SEC deemed as market manipulation. Musk referred to the fraud charges as an “unjustified action” at the time.

The SEC has also previously investigated Musk and Tesla over claims regarding Tesla vehicles’ “full self-driving” capabilities, as well as a suspected misuse of company funds to construct a “glass house” for Musk.

For further details, you can access the complete filing at the end of this article.

An earlier version of this article mistakenly stated that Musk failed to appear in a San Francisco courtroom. The correct location is Los Angeles, and we apologize for the error.

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