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by haaen 2820 days ago
Former SEC enforcement attorney John Reed Stark wrote about the complaint against Musk:

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But here’s the rub. The SEC does not typically file SEC enforcement actions like the one against Musk. Indeed, a close reading of the SEC’s complaint against the celebrated billionaire finds a litany of glaring absences within the SEC’s allegations, including:

No alleged profits or other ill-gotten gain earned by Musk; No alleged scheme conducted by Musk; No alleged market manipulation orchestrated by Musk; No alleged pump and dump ploy executed by Musk; No alleged conspiracy between Musk and anyone else; No alleged evidence of scienter or intent by Musk; No alleged false filing or other false or inaccurate Tesla report to the SEC by Musk; No alleged violation of any sort of required SEC “quiet period” by Musk; and No concrete evidence of an alleged motive attested to Musk (though not required in SEC enforcement actions, motive is typically pled or implied in some way, shape or form).

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https://www.linkedin.com/pulse/secmusktesla-settlement-dawni...

1 comments

The SEC will file against you if it looks like you disrespect them. They do not have the budget to investigate much less enforce their purview across the entire market so the only stability we gain from them is based on their reputation.

Musk threatened that so they came down on him hard.