SAN FRANCISCO: Tesla Inc Elon Musk "lied" when he said that funding was "secured" to take the company private, a lawyer for Tesla investors said on Wednesday, as an attorney for Musk argued that the billionaire merely used the "wrong words" when he tweeted about his plans in 2018.
Tesla investor Glen Littleton is seeking damages on behalf of shareholders who traded the company's stock in the days after Musk posted his plan to take the company private on Twitter in August 2018.
Musk's alleged lies caused "regular people" to lose millions, Nicholas Porritt, lead attorney for the investors, told a jury in San Francisco during opening statements.
"Millions of dollars were lost when his lies were exposed," he added.
Musk's lawyer disputed this characterization, saying that the billionaire was "serious" about taking the company private in 2018, but ultimately encountered shareholder opposition.
"You will come to learn very soon that this was not fraud, not even close," Alex Spiro said during opening statements.
Musk believed that financing was not an issue and was "taking steps" to make a deal happen, Spiro told the jury.
While the tweets contained "technical inaccuracies," Musk was concerned that some investors knew about his go-private plan and wanted to get the information out to the "everyday shareholder" that he "wanted to protect," Spiro said.
"In a rush, he used the wrong words," he said.
The case is a rare securities class action trial, and Musk and his company are bucking the norm of settling claims that clear high legal hurdles, making for a potentially dramatic trial at which Musk himself is expected to take the stand as early as this week.
A jury of nine will decide whether the tweets artificially inflated Tesla's share price by playing up the status of funding for the deal, and if so, by how much.
The defendants include current and former Tesla directors, whom Spiro said had "pure" motives in their response to Musk's plan.
Testimony concluded on Wednesday after nearly three hours from the first witness, Littleton. The trial will resume on Friday with an expert witness and might include Musk taking the stand.
Littleton said he began investing in Tesla in 2015 as Musk was "bringing new ideas to life" in the technology industry.
The self-employed investor said he viewed Musk's "funding secured" statement as "absolute."
Littleton said he scrambled to unwind his Tesla options positions, which the tweet made unprofitable.
On cross-examination, William Price, who represents the defendants, sought to show Littleton was motivated by Musk's bid to take Tesla private, and not on "funding secured," which is what the lawsuit challenges as fraudulent.
U.S. District Judge Edward Chen, who is overseeing the trial, has ruled that Musk's statements about the status of the deal were false and Musk made them recklessly. The deal did not happen.
While shareholders sue hundreds of companies and their executives for alleged securities fraud every year, very few of those cases make it to trial. The vast majority are either dismissed by courts or settle.
Not among the jurors selected on Tuesday were some critics of Musk, such as one potential juror who said the chief executive, who has gained a reputation for the unpredictable, was "a little off his rocker."
Reuters
Thu Jan 19 2023
Musk believed that financing was not an issue and was "taking steps" to make a deal happen, Spiro told the jury. - REUTERS/Filepic
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.
Couple and associate charged with trafficking 51.9 kg of meth
A married couple and a man were charged in the Magistrate's Court here today with trafficking 51.974 kilogrammes of Methamphetamine.
PDRM to consult AGC in completing Teoh Beng Hock investigation
The police may seek new testimony from existing witnesses for additional insights into the investigation of Teoh Beng Hock's death.
Thai court rejects petition over ex-PM Thaksin's political influence
Thailand's Constitutional Court rejects a petition seeking to stop Thaksin Shinawatra from interfering in the running the Pheu Thai party.
Abidin takes oath of office as Sungai Bakap assemblyman
The State Assemblyman for Sungai Bakap, Abidin Ismail, was sworn in today at the State Assembly building, Lebuh Light.
UPNM cadet officer charged with injuring junior, stomping on him with spike boots
A cadet officer at UPNM pleaded not guilty to a charge of injuring his junior by stomping on the victim's stomach with spike boots.
How Indian billionaire Gautam Adani's alleged bribery scheme took off and unraveled
The indictment was unsealed on Nov. 20, prompting a $27 billion plunge in Adani Group companies' market value.
Elon Musk blasts Australia's planned ban on social media for children
Several countries have already vowed to curb social media use by children through legislation, but Australia's policy could become one of the most stringent.
Trump picks Pam Bondi for US Attorney General after Gaetz withdraws
Bondi was the top law enforcement officer of the country's third most populous state from 2011 to 2019, and served on Trump's Opioid and Drug Abuse Commission during his first administration.
Ringgit extends uptrend against greenback in early trade
At 8 am, the local currency climbed to 4.4600/4700 against the greenback.
Lebanon's only burn unit treats toddlers after Israeli strikes
The hospital hallways echo with the screams of children as anxious parents await news from doctors.