SEC Prosecution re Federal Securities Laws
#16
He used Bloomberg report, but if you go to their web page they clearly state that their method of collecting VIN only works well over the long run, in other words months!
See: https://www.bloomberg.com/graphics/2018-tesla-tracker/
Notice he somehow left out all the other charts since they don't support his story so well.
Earl Colby Pottinger (Tesla and Bollinger fan)
See: https://www.bloomberg.com/graphics/2018-tesla-tracker/
Notice he somehow left out all the other charts since they don't support his story so well.
Earl Colby Pottinger (Tesla and Bollinger fan)
#17
Rennlist Member
Thread Starter
He used Bloomberg report, but if you go to their web page they clearly state that their method of collecting VIN only works well over the long run, in other words months!
See: https://www.bloomberg.com/graphics/2018-tesla-tracker/
Notice he somehow left out all the other charts since they don't support his story so well.
Earl Colby Pottinger (Tesla and Bollinger fan)
See: https://www.bloomberg.com/graphics/2018-tesla-tracker/
Notice he somehow left out all the other charts since they don't support his story so well.
Earl Colby Pottinger (Tesla and Bollinger fan)
The big issue seems to be the gaps in the Vin # sequence and how to account for the missing/delayed cars.
In any case, it will be interesting to see what the company reports with the end of the quarter "all in" Sunday production push.
#18
Did you read the SEC findings? If not you should - they are findings from an investigation - not random musings of the internet crowd. As a Director of a company to have a finding of that type against you is very serious.
He will probably be investigated further for his internal employee briefings which are always leaked, some appear to contain information or not so subtle pointers to what may be deemed material.
You basically can't trust him and that has been settled by the SEC.
For what its worth they may get close to a profit this quarter - I have them booked at a small loss of around $USD50m. However, if the graph above is correct then I will need to revise, also this number is very dependent on timing of certain supplier payments. The business remains marginal and is still significantly overvalued even at $265. The ratio of assets to liabilities is about 1.25:1.........................
The stock will rebound to between $300 and $310................its like watching the movie the Big Short
Last edited by groundhog; 10-01-2018 at 05:46 AM.
#20
Last edited by Lorenfb; 10-01-2018 at 12:44 PM.
#21
Which makes it so perplexing that he chose to reject the original settlement and considered betting the company on the ability to win in court against a regulator who rarely loses these types of cases. The fact that he did that, and that the board let him do that, makes no sense to me. It reeks of arrogance and carelessness more than his stated 'integrity' nonsense. The SEC offered him what amounted to a get of jail free card and, for 48 hours at least, he chose to reject it and take a massive risk for no good reason. Wacky idea of good corporate governance, but at least he came to his senses and made the right decision.
#22
Many shareholders have lost, for example those that purchased on the basis of his tweet and those that held market balancing and entirely legal short positions.
There is a lot more to come.
#23
After last nights/today's developments, one has to honestly ask if Elon Musk is mentally unstable and/or has substance abuse issues. After all that's happened in the last 10 days, what on earth would possess any mature person to say what he has said in the last 24 hours. Does he want to create a new shareholder lawsuit every week or so?
#24
"short seller enrichment committee" - short selling is a legal and valuable form of trading. Short selling is a great balancing force in the market.
Given the SEC found against Musk "in truth and fact............" perhaps he would be better off apologising to his shareholders. Perhaps he should read his own company policies and be judged against them.
Perhaps he should step aside, the sooner the better.
Its pretty simple, he can try and dissemble all he likes however the the SEC investigation and outcome clearly found against him and Tesla. There wasn't a deal in place and funding wasn't secured period. Musk was found wanting in both "truth and fact"
His behaviour is causing damage to the brand and as a consequence hurting share holders. He is once again in breach of Directors duties by not acting in the best interests of all shareholders. He can't pick and choose between those that have a long position and those that have a short position.
Its a fallacy to suggest Musk is not replaceable - he isn't a visionary and he isn't an intellectual savant either.
I have a better call than Elons with regard to making short selling illegal (a position most knowledgeable market makers would disagree with strongly) enforce the rules, tear up the deal with Tesla and Musk and stand the directors who fell foul of the investigation down. By this I mean penalise them by not allowing them to serve as directors or company officers for three years. Musk would have to step down or go to court.
Personally I would like to see him go to court. He's going there anyway.
Given the SEC found against Musk "in truth and fact............" perhaps he would be better off apologising to his shareholders. Perhaps he should read his own company policies and be judged against them.
Perhaps he should step aside, the sooner the better.
Its pretty simple, he can try and dissemble all he likes however the the SEC investigation and outcome clearly found against him and Tesla. There wasn't a deal in place and funding wasn't secured period. Musk was found wanting in both "truth and fact"
His behaviour is causing damage to the brand and as a consequence hurting share holders. He is once again in breach of Directors duties by not acting in the best interests of all shareholders. He can't pick and choose between those that have a long position and those that have a short position.
Its a fallacy to suggest Musk is not replaceable - he isn't a visionary and he isn't an intellectual savant either.
I have a better call than Elons with regard to making short selling illegal (a position most knowledgeable market makers would disagree with strongly) enforce the rules, tear up the deal with Tesla and Musk and stand the directors who fell foul of the investigation down. By this I mean penalise them by not allowing them to serve as directors or company officers for three years. Musk would have to step down or go to court.
Personally I would like to see him go to court. He's going there anyway.
Last edited by groundhog; 10-06-2018 at 02:25 AM.
#25
Judge has issued an order for Musk to write why he should be in CEO of this company. Judge has to approve the whole deal, and I can tell you that latest tweet is going to **** him off more than SEC.
Musk is truly either an idiot or bipolar.
Musk is truly either an idiot or bipolar.
#26
It's actually got me beat as to why the Board hasn't reined him in. This is straightforward - if they aren't pulling him up they are directly complicit in the wanton destruction of shareholder wealth.
This is just wrong - here we have a situation where a person and a company have been found against by the SEC and instead of a mea culpa he doubles down against the regulator, against something that is entirely legal and given he is the CEO it appears that Tesla as a. company is complicit in this as well.
I don't think he is ill, however I do think he's incompetent as a CEO and this is being compounded by the stress of running a marginal venture.
This is just wrong - here we have a situation where a person and a company have been found against by the SEC and instead of a mea culpa he doubles down against the regulator, against something that is entirely legal and given he is the CEO it appears that Tesla as a. company is complicit in this as well.
I don't think he is ill, however I do think he's incompetent as a CEO and this is being compounded by the stress of running a marginal venture.
#27
A) Musk is personally responsible for around $100 per share of value according to a number of estimates- should he leave that would evaporate.
B) He has insured there is no strong 2nd at the company, making his departure that much more damaging.
C) He has 3 of 9 board votes firmly under his control and 2 more “independent” members also likely in his pocket.
The combination gives him enough leverage to pull things like this:
https://www.nytimes.com/2018/10/02/b...-musk-sec.html
The addition of new independent directors (assuming they are truly indipendent) will change the math. If he continues to tweet nonsense and the $100 per share premium is reduced that also changes the math.
#28
Einhorn posited something on Friday that I was actually thinking - Musk just might be trying to get himself fired because he’s realized that he can’t make money on the affordable Model 3 and the whole thing’s about to come crashing down. Stranger things.
#29
RL Community Team
Rennlist Member
Rennlist Member
Get fired, company implodes, get off scott free. "See, if they had just kept me around, I'da made it work!".
#30
Does anyone have the weekly delivery report for Q3 for Tesla? I was reading a short blog that showed reference to a supposed Tesla produced weekly delivery chart that just looked awful, but I've not been able to find that data or graphic anywhere else. I'm curious if the demand really has fallen off as much as the writer was claiming.