TSLA382.7007.7%
GM82.7300.48%
F12.170-0.08%
RIVN13.960-0.37%
CYD29.8200.75%
HMC32.7000.22%
TM185.300-0.7%
CVNA63.7300.53%
PAG196.160-1.89%
LAD290.2401.37%
AN157.3800.31%
GPI232.010-4.6%
ABG167.600-1.36%
SAH60.560-0.95%
TSLA382.7007.7%
GM82.7300.48%
F12.170-0.08%
RIVN13.960-0.37%
CYD29.8200.75%
HMC32.7000.22%
TM185.300-0.7%
CVNA63.7300.53%
PAG196.160-1.89%
LAD290.2401.37%
AN157.3800.31%
GPI232.010-4.6%
ABG167.600-1.36%
SAH60.560-0.95%
TSLA382.7007.7%
GM82.7300.48%
F12.170-0.08%
RIVN13.960-0.37%
CYD29.8200.75%
HMC32.7000.22%
TM185.300-0.7%
CVNA63.7300.53%
PAG196.160-1.89%
LAD290.2401.37%
AN157.3800.31%
GPI232.010-4.6%
ABG167.600-1.36%
SAH60.560-0.95%

SEC seeks to prevent Musk appeal over 2018 tweet settlement

The SEC argues that, by agreeing to the settlement, Musk waived his right to "test the Commission's allegations at trial"
SEC

Image Source(s): Reuters/Evelyn Hockstein, Carina Johansen/NTB/AFP/Getty Images

The Securities and Exchange Commission has responded to an attempt by Tesla CEO Elon Musk to appeal a settlement over his “funding secured” tweet in 2018.

In the tweet, the entrepreneur spoke of a possible buyout, and said that the money to do so was already in Tesla’s possession. When it became clear that the company had no intention of going private, both investors and the SEC criticized Musk for causing confusion. After conducting an investigation into the claims, the Commission determined that the funding never actually “secured,” and ultimately charged the CEO with fraud.

To avoid a court battle, Musk reached a settlement with the SEC, which included, among other things, two $20 million fines to be paid by both Tesla and its CEO, and a requirement for the entrepreneur to submit any tweets referencing the automaker’s operations to an internal securities lawyer for review, prior to posting.

Since then, Musk has claimed that he was forced into the settlement, and frequently implied that he ignores the agreed upon review process. After winning a related case, in which investors claimed damages over the same tweet, the CEO and his lawyer, Alex Spiro, have asked the New York Court of Appeals to overturn certain provisions in the SEC’s requirements, alleging coercion and infringements upon the Tesla chief’s first amendment rights. While the New York case is set to start in the coming months, arguments have yet to official start.

Seeking to avoid the case altogether, the SEC offered a written rebuttal of Musk’s appeals request. They noted that the CEO agreed not once but twice to a “consent judgement,” a final decision that cannot be overturned without a dismissal, thus waiving “his opportunity to test the Commission’s allegations at trial…” The court has yet to officially respond, however the burden of proof will rest on Musk’s legal team to demonstrate coercion, which could be an uphill battle.

Further Reading

Did you enjoy this article? Please share your thoughts, comments, or questions regarding this topic by connecting with us at newsroom@cbtnews.com.

Be sure to follow us on Facebook, LinkedIn, and TikTok to stay up to date.

While you’re here, don’t forget to subscribe to our email newsletter for all the latest auto industry news from CBT News.

More from Articles
Your car may be recording your texts – and selling your driving data

Your car may be recording your texts – and selling your driving data

- October 9, 2026
Your car may be collecting far more than the miles on your odometer. Depending on the vehicle and connected services, it can capture information about where you drive, how you...
FTC targets Greenway Auto Group over $3,350 in alleged hidden fees

FTC settles with Greenway Auto Group over alleged $3,350 hidden fees

- October 9, 2026
On the Dash: The FTC alleges Greenway charged consumers an average of more than $3,350 above advertised prices in over 92% of transactions. The proposed order requires advertised prices to...
Honda targets 2027 for wireless in-motion EV charging tests

Honda targets 2027 for wireless in-motion EV charging tests

- October 9, 2026
On the Dash: Honda and its partners plan to begin demonstration testing of wireless in-motion EV charging in April 2027. The system is designed to deliver up to 150 kW...
Chevrolet adds Z71 off-road trim and safety upgrades to 2027 Trax and Trailblazer

Chevrolet adds trim options and safety upgrades to 2027 Trax and Trailblazer

- October 9, 2026
On the Dash: Both models gain more than 20 standard safety and driver assistance features for 2027. Trailblazer gets a new Z71 trim with standard AWD and an off-road-tuned suspension. ...
CBT News
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.