SEC Obtains Elon Musk Texts In Twitter Lawsuit
- by Newsweek
- Jan 15, 2025
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Elon Musk's texts have been obtained by the Securities and Exchange Commission as part of its lawsuit against him over allegedly failing to disclose his interest in Twitter.
The SEC says that the messages show that Musk privately told Twitter's board that he owned at least 5 percent of its stock, over a week before he publicly announced it.
Newsweek sought email comment from the SEC and from Musk's New York-based attorney on Wednesday.
Why It Matters
The texts could offer valuable insight into how Musk came to purchase one of the world's largest social media sites. On January 20, Musk will become joint head of President Donald Trump's new advisory Department Of Government Efficency, potentially affording him enormous influence over the federal government, including the SEC.
Elon Musk, cochair of the newly announced Department of Government Efficiency (DOGE), arrives on Capitol Hill on December 05, 2024 in Washington, DC. The SEC is suing Musk for allegedly failing to disclosure his purchase...
Elon Musk, cochair of the newly announced Department of Government Efficiency (DOGE), arrives on Capitol Hill on December 05, 2024 in Washington, DC. The SEC is suing Musk for allegedly failing to disclosure his purchase of shares in X, formerly Twitter.
More What To Know
On Monday, the SEC launched a lawsuit against Musk over an 11-day delay in announcing that he had purchased more than 5 percent of Twitter in 2022.
The SEC lawsuit alleges that by March 14, 2022, Musk had acquired ownership of more than five percent of Twitter stock and, by law, had ten calendar days to declare his interest. It alleges that, on April 4, 2022, eleven days after the declaration was due, Musk "finally publicly disclosed his beneficial ownership in a report with the SEC."
Twitter shares rose 27 percent on the day he made the announcement, the SEC states.
By law, anyone purchasing 5 percent of a publicly traded company must announce it within ten days, because the public should be aware of who is purchasing major positions in corporations.
As part of its lawsuit filed in a Washington, D.C. federal court, the SEC revealed detailed knowledge of the conversations between the Twitter board and Musk, as well as the texts the board had sent him. This suggests that the SEC obtained large amounts of information from the Twitter board before filing its lawsuit.
In the SEC's complaint filed in court, it mentions that "in a conversation on Sunday, March 27, 2022, Musk privately informed a member of Twitter's Board of Directors ("Board Member A") that he owned at least seven percent of Twitter's outstanding common stock.
In this conversation, Board Member A suggested to Musk that he join Twitter's Board of Directors. Musk expressed interest in doing so. In this conversation, Musk asked Board Member A whether he had ever considered taking Twitter private, and Board Member A said 'yes.'"
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