> His twitter post was clear, he was "considering" taking TSLA private.
$420 funding secure indicates he already had financing ready. Why has this mystery funder never materialized.
> Anyone who bought in at this news would have been buying in for < $84 per share (split adjusted). Current stock price is 600 per share+.
This is hugely problematic as a response. Elon Musk's behavior is unethical whether Tesla stock went up or down. The stock price should not be used as justification for previous lies. If we accept that, then we accept markets where people can gamble on a lie and things are fine if their gamble works out. That's not the business culture I want to create. People should be honest about risks so that they can be properly evaluated.
> The problem the SEC has had in trying to charge him is that folks feel like the SEC really ignore some of the clear scam behavior by big players.
Elon Musk is literally the second biggest player! Ignoring his malfeasance creates more people willing to emulate him.
> Fail to deliver? No issue. Broker bad behavior and theft? Light FINRA slaps on the wrist. Complaints about Madoff? Investigate the complainers. CEO talking about potential to take a company private publically - all out WAR by SEC!
You won't find me giving a kind word to the SEC's currently regulatory practices, but we need to recognize that corporate culture is made from examples. When someone like Elon Musk publicly flouts all responsible corporate behavior, and doesn't have an example made of him, then that is going to breed people willing to make the exact same decisions.
> He said he is considering something. It was not definite.
"Funding secured" is definite.
> Yes - people want to make this into a huge crime. But he explained in his tweets pretty transparently to most what his thinking was.
It is a huge crime. In the middle of trading, he decided to fraudulently claim he had a buyout offer for his company. That screws over not just short sellers, but any one who had calls above the $420 a share price. There is no universe where that is healthy for our markets.
> if you read between lines - the contempt court case got a bit of an eye roll from the judge involved.
He's currently in a court case for his buyout of Solar City, where he announced a fake product, used it as reasoning for his one public company to buy a company that he, his brother, and his cousin's had the largest stake in, and he, his brother, and his other companies (Tesla and SpaceX) were the largest bondholders in. This is a cartoonish set of conflicts of interest here. But apparently that shouldn't matter, because "stock price."
No one has been confused I don't think. I saw the considering the $420 buyout, I took it to mean just that.
The short sellers around tesla have been pathetic. Note I don't own any tesla stock, but the short seller hype train is just ridiculous around tesla. How there has been no action there is mind boggling.
He's a crazy guy willing to take crazy risks - look at SpaceX -> they are operating COMPLETELY outside all norms.
Despite these "huge crimes" - no prosecutor anywhere is prosecuting. The SEC efforts basically fell pretty flat - their contempt attempts also fell flat.
The conflicts with solar city were crazy - they were also public. I thought it was a terrible deal - but that was public too. If you think Elon is bad for tesla and you own stock vote him out by running your own board slate. But he has a vision for a fully integrated solar and powerwall type product no barriers. You get an app, the sun charges the battery. They had and have ideas around charging cars mixed into that. Not sure if it's a good idea - plenty of competitors coming for Tesla, but they may be able to deliver something here with their solar / energy AND car companies. And the trend is towards this type of integration - so he gets to take a crack at it.
And a heads up, if these solar city folks win their case - guess who is going to get the money. Yes, TESLA! I've followed the case a bit. Not super impressive (aside from the plaintiffs attorneys vomiting in court! What was going on!).
Importantly, you are Elon, you own 22% of two companies - Tesla and SolarCity with highly overlapping missions. You want to integrate solar / energy / cars. I mean, what would YOU do. Go do a deal with some company in China the way others have tried? These folks saying it's such a bad idea / deal - what was their much better proposal? Elon already knew the Solarcity board and management etc etc. I really am curious what was the amazingly better option to get where Elon wanted to go. Easy to criticize, harder (much) to do.
The Battery-Solar-Car angle is such an obvious integration for Tesla. I guess on paper it is frustrating it was a family connection, but their alternative was for Tesla to start building their own Solar capability when they had a significant stake in one already.
SEC is a joke - chasing Elon is like a weird hobby for them... meanwhile things like 2008 happen and they shrug and go "Sorry, we missed that one"... What's their mission again?
Sure, battery solar goes together, but why did they need to specifically buy his conflict of interest failing one instead of another solar company? Because he had leveraged investments in it and even mixed SpaceX into it having them use NASA money to buy SolarCity bonds. Crazy self-dealing and ultimately fraud with the fake shingle demo and claims.
I wish folks saying they should have bought X company would actually name X company. Seriously - what was the company they should have purchased.
Elon already owned basically 22% of both companies. After they did the stock deal he owned 22% or whatever of the combined company. He already knew the folks / board / management of both companies.
Can you name the company he "should" have purchased?
Pretty sure Solar is a big part of energy generation in Space related stuff.
So I can obviously see the self dealing side… but there is also an equally “it just made sense” side. Do billionaires need to self enrich with crazy side deals?
Solar city had nothing to do with space solar, and if they did bonds don't give access to the tech anyway. It was residential (contracted?) install and financialization of the deal and payback terms.
> No one has been confused I don't think. I saw the considering the $420 buyout, I took it to mean just that.
Clearly options traders didn't, since all options above $420 went to zero.
> The short sellers around tesla have been pathetic. Note I don't own any tesla stock, but the short seller hype train is just ridiculous around tesla. How there has been no action there is mind boggling.
I disagree. I think the behavior of the stock holders have been pathetic. The short sellers demands for greater transparency and a company not entirely based on smoke and mirrors are easily met. The company itself has refused to meet those minimal standards.
> He's a crazy guy willing to take crazy risks - look at SpaceX -> they are operating COMPLETELY outside all norms.
So? This shouldn't be an excuse for fraudulent behavior. Everytime I bring up a specific problematic behavior of Elon Musk, someone wants to reframe the conversation around the totality of his behavior, rather than the single criticism. I don't know about rockets, but from what I hear, Elon has done a great deal for him. Good for him. That doesn't make any of his behaviors faking a buyout ok, his behavior in the SolarCity merger, or his behavior with the Boring Company.
If we want better businessmen, we have to hold the ones we have accountable. Continuing to refuse to do that for Elon is spawning generations of people like Trevor Milton who assume laws don't apply if you're charming enough.
> The conflicts with solar city were crazy - they were also public. I thought it was a terrible deal - but that was public too. If you think Elon is bad for tesla and you own stock vote him out by running your own board slate. But he has a vision for a fully integrated solar and powerwall type product no barriers. You get an app, the sun charges the battery. They had and have ideas around charging cars mixed into that. Not sure if it's a good idea - plenty of competitors coming for Tesla, but they may be able to deliver something here with their solar / energy AND car companies. And the trend is towards this type of integration - so he gets to take a crack at it.
He lied to shareholders about both SolarCity's financial state and faked a product in order to secure the merger. You can say, "these are public companies" all you want, but the public companies voted for the merger purely on Elon's word, which apparently isn't worth much.
> Importantly, you are Elon, you own 22% of two companies - Tesla and SolarCity with highly overlapping missions. You want to integrate solar / energy / cars. I mean, what would YOU do. Go do a deal with some company in China the way others have tried? These folks saying it's such a bad idea / deal - what was their much better proposal? Elon already knew the Solarcity board and management etc etc. I really am curious what was the amazingly better option to get where Elon wanted to go. Easy to criticize, harder (much) to do.
Not fake a product and lie about the financial status of my company. You know, the bare minimum.
$420 funding secure indicates he already had financing ready. Why has this mystery funder never materialized.
> Anyone who bought in at this news would have been buying in for < $84 per share (split adjusted). Current stock price is 600 per share+.
This is hugely problematic as a response. Elon Musk's behavior is unethical whether Tesla stock went up or down. The stock price should not be used as justification for previous lies. If we accept that, then we accept markets where people can gamble on a lie and things are fine if their gamble works out. That's not the business culture I want to create. People should be honest about risks so that they can be properly evaluated.
> The problem the SEC has had in trying to charge him is that folks feel like the SEC really ignore some of the clear scam behavior by big players.
Elon Musk is literally the second biggest player! Ignoring his malfeasance creates more people willing to emulate him.
> Fail to deliver? No issue. Broker bad behavior and theft? Light FINRA slaps on the wrist. Complaints about Madoff? Investigate the complainers. CEO talking about potential to take a company private publically - all out WAR by SEC!
You won't find me giving a kind word to the SEC's currently regulatory practices, but we need to recognize that corporate culture is made from examples. When someone like Elon Musk publicly flouts all responsible corporate behavior, and doesn't have an example made of him, then that is going to breed people willing to make the exact same decisions.
> He said he is considering something. It was not definite.
"Funding secured" is definite.
> Yes - people want to make this into a huge crime. But he explained in his tweets pretty transparently to most what his thinking was.
It is a huge crime. In the middle of trading, he decided to fraudulently claim he had a buyout offer for his company. That screws over not just short sellers, but any one who had calls above the $420 a share price. There is no universe where that is healthy for our markets.
> if you read between lines - the contempt court case got a bit of an eye roll from the judge involved.
He's currently in a court case for his buyout of Solar City, where he announced a fake product, used it as reasoning for his one public company to buy a company that he, his brother, and his cousin's had the largest stake in, and he, his brother, and his other companies (Tesla and SpaceX) were the largest bondholders in. This is a cartoonish set of conflicts of interest here. But apparently that shouldn't matter, because "stock price."