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US SEC seeks to close Musk, Tesla settlement fund

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In short

The enforcement action originated from August 2018 social media posts claiming funding was secured to take Tesla private, which caused major share price volatility. A designated administrator ultimately disbursed $41.53 million, which incorporated accumulated interest and accounted for deducted fees, to eligible claimants. Because documented investor losses exceeded the total available assets, approved participants recovered 51.7 percent of their claims. The regulatory agency has now asked a Manhattan federal judge to formally shutter the fund and transfer the remaining balance to the government.

Key points

  • Approved claimants recovered 51.7 percent of their total losses because valid claims exce…: Approved claimants recovered 51.7 percent of their total losses because valid claims exceeded the available fund assets.
  • Over 3,000 submitted claims were formally rejected during the administrator's review proc…: Over 3,000 submitted claims were formally rejected during the administrator's review process.
  • The 2018 settlement required Musk to step down as chairman without admitting any wrongdoi…: The 2018 settlement required Musk to step down as chairman without admitting any wrongdoing.

Sources checked by our analysis pipeline: 1

NEW YORK, Nov 10 : The US Securities and Exchange Commission said on Tuesday it completed distributions from a $40 million fund created from civil fines paid by Elon Musk and his electric vehicle company Tesla to resolve the regulator's first civil enforcement case against the world's richest person.

In a filing in Manhattan federal court, the SEC asked a federal judge to close the Fair Fund, created after Musk settled the SEC case in 2018 charging him with securities fraud for posting on August 7, 2018, that he had "funding secured" to potentially take Tesla private.

His posts on Twitter that day caused Tesla's shares and trading volume to spike, with the shares closing more than 6 per cent higher than when he began posting. They later fell after it became clear Musk had not lined up financing.

Musk and Tesla each paid a $20 million civil fine, with sums designated for investor victims of the alleged fraud. Neither defendant admitted wrongdoing. Musk also agreed to let Tesla lawyers review some Twitter posts in advance, and give up his…

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