ELON Musk, the world's richest man, is being sued by the U.S. Securities and Exchange Commission, which is trying to compel him to testify as part of a probe into his $44 billion takeover of social media giant Twitter, a Thursday court filing showed.
The investigation, which escalates a long-running feud between the SEC and Musk, concerns whether Musk broke federal securities laws in 2022 when he bought stock in Twitter, which Musk renamed X, as well as statements and SEC filings he made in relation to the deal.
The SEC in May 2022 said it was looking into Musk's disclosure of his stake in Twitter, questioning whether he filed the appropriate paperwork.
The SEC in Thursday's filing said it subpoenaed Musk in May 2023 requiring him to provide testimony at the SEC’s San Francisco office, and that Musk had agreed to appear on Sept. 15. But then two days beforehand Musk raised "several spurious objections" and told the SEC he would not appear, the SEC said.
Musk also refused SEC proposals to conduct the deposition in Texas in October or November.
Among his objections was that the SEC was trying to “harass” him and his counsel needed time to review potentially relevant material contained in a biography of Musk published last month, the SEC said.
According to the filing, Musk has given the SEC documents relating to the probe and has previously provided testimony in July last year via video conference.
"The SEC has already taken Mr. Musk's testimony multiple times in this misguided investigation - enough is enough," said a statement from Alex Spiro, an attorney for Musk.
In a press release, the SEC said it was seeking "Musk’s testimony to obtain information not already in the SEC’s possession that is relevant to its legitimate and lawful investigation." An SEC spokesperson declined to comment further.
Musk acquired Twitter after initially building a large minority stake in the social media platform, which he first disclosed in April 2022. Musk was late with the disclosure filing and initially indicated he planned to be a passive stakeholder, meaning he did not plan to take over Twitter or influence its management decisions.
Days later, Musk accepted and then turned down a board seat at Twitter. In late April, he announced plans to buy the company for $44 billion but subsequently tried to get out of the deal, alleging Twitter was not disclosing the full extent of bot activity on its platform.
Faced with a trial that sought to compel him to complete the deal, Musk closed his acquisition of Twitter in late October 2022.
MUSK-SEC FEUD
Thursday's filing is the latest brush-up between Musk and the SEC which have been feuding since Musk's 2018 tweet that he planned to take his electric carmaker Tesla private and had funding secured. Since then, Musk has repeatedly denigrated the SEC, which has opened multiple probes into him over the years.
“A comprehensive overhaul of these agencies is sorely needed, along with a commission to take punitive action against those individuals who have abused their regulatory power for personal and political gains,” Musk said in a post on X.
Howard Fischer, a partner at law firm Moses & Singer and a former SEC official, said Musk's refusal to appear at the September testimony was extraordinary. "I have never heard of a senior executive who has positions at public companies ever not showing up."
Thursday's lawsuit adds to Musk's legal woes. Reuters previously reported the Justice Department is investigating Tesla over self-driving claims. Federal prosecutors in New York have also opened an investigation related to Musk's corporate perks and claims related to vehicle driving range, according to a report.
Reuters
Fri Oct 06 2023

Elon Musk is being sued by the U.S. Securities and Exchange Commission, which is trying to compel him to testify as part of a probe into his $44 billion takeover of Twitter. - REUTERS/Filepic

'FOMO': Beware of marketing traps, time, and money loss
What exactly drives some individuals to go to such lengths just to own these products?

90 pct of Syria's population living in poverty after years of civil war: UN official
UNDP says, "13,000 people (have been) forcibly disappeared, and we don't know their fate yet.

China's hopes to be Ukraine peacemaker collide with its goals on Trump, trade
For the last three years, China has repeatedly signalled a willingness to act as a peacemaker in the war in Ukraine.

Fatty liver disease - A major driver of liver cancer risk in Malaysia
By the time symptoms such as jaundice, abdominal pain and weight loss appear, the cancer may be in its advanced stage.

Trump tightens grip on independent agencies to test limits of presidential power
The order lets the White House shift budget and policies, usually kept at arms length from the president's daily oversight.

INSIGHT - In Russia, dozens of dissenters are held as psychiatric patients
Dozens of Russians face compulsory psychiatric treatment for their political views, say lawyers and human rights groups.

How does space travel affect astronaut health?
Here is an explanation of some of the effects on human health caused by space travel.

Can you distinguish between reality and deepfake?
Currently, Malaysia has no specific laws regulating deepfake technology.

Animated films seek to find a place in best picture Oscar race
Animated filmmakers now aim to be included to the best picture race after being shut out for several years.

Emotional trauma piles up for Ukraine's children three years after invasion
Teachers, psychologists and children are used to living in a state of chronic exhaustion without a clear end in sight, experts say.

Wedding content creation the big thing now for newlyleds
A wedding content creator's success does not rely solely in tech but in capturing emotions and bringing a couples love story to life.

Will Western companies return to Russia?
Easing restrictions could let some companies return to what was once a high-growth market under Trump's administration.

Chatbots pose challenge to guarding child mental health
Developers say AI companions can combat loneliness and improve users' social experiences in a safe space.

With blitz of policies, Trump goes beyond Project 2025's goals
Trump denies ties to Project 2025 but continues reshaping policies through executive power.

Almost half of chronic kidney patients in Malaysia lost their jobs - study
The study raises concerns about the future of chronic kidney patients, especially those who rely on long-term dialysis treatment.

Beware of scam tactics using AI
The drastic development of AI technology is being taken advantage of by scammers to reap huge profits by using various latest tactics.

Fired and rehired - the dizzying confusion of Trump's government overhaul
They have adopted a blunt force approach toward the wholesale firing of workers, often focusing on workers who are easier to fire.

Arab states scramble to counter Trump's Gaza 'Riviera' plan
Arab states trying to devise an alternative plan have yet to tackle critical issues like who will foot the bill for Gaza's reconstruction.

Chinese universities launch DeepSeek courses to capitalise on AI boom
Universities across China have launched artificial intelligence courses this month based on Chinese AI startup DeepSeek.

Astronomers reveal 3D structure of an alien planet's atmosphere
Astronomers find three layers on a scorching gas planet orbiting a star larger and hotter than the sun.