Quote:
Originally Posted by piepounder
I dont think its massive securities fraud posting online comments promoting your company. securities fraud is discrete actions with intent.
As an officer of a company you have a responsibility to take care in making true statements. He made a false statement about a HIGHLY material aspect of the company - that funding was secured at $420 for a private buyout, that the "only thing" in doubt was whether shareholders would approve it, and that all existing shareholders could remain when it went private. Misrepresenting material facts about your company is pure securities fraud.
Then Elon Musk actually said, with a month and a lawsuit to soberly consider his actions, that it was "worth it". He had previously stated a desire to burn the shorts and warned them to cover at $360 (the stock is now $270) because an "epic short squeeze" was coming.
This is clearly blatant securities fraud on a large scale, from a creepy loser who thinks he's above the law given his later comments. He told major material lies about a company buyout, doubled and tripled down on same, with major consequences for the orderly conduct and fairness of public markets. Billions changed hands on these pure reckless lies. Individuals lost large amounts of money. If this isn't securities fraud, what is?
If he was so high and irresponsible that he did it "without intent" - although any non idiot sees clear intent here - then he is unfit to be any officer of a company and should be forcibly removed.
In return for not being barred as a public officer, he solemnly agreed to the very light condition of having potentially material tweets reviewed before sending. He failed to do that as well, laughing about it, showing his contempt for the law and an utter lack of responsibility for his own actions. Again, it was his own supporters that he hurt with his recklessness and fraud, costing them billions of dollars. Shorts have had a great time from this loser. It's not them he's hurt but his own shareholders to which he has legal obligations as a public officer.
Last edited by ToothSayer; 04-21-2019 at 05:57 PM.