Tesla and its CEO, Elon Musk, face a pair of sophistication motion lawsuits claiming the billionaire violated federal securities legislation by tweets suggesting a plan to go private.

On August 7, Musk printed a tweet saying he’s contemplating taking Tesla private in a proposal valuing the corporate at $420 a share. Musk additionally stated funding for the deal had been secured. 

According to a category motion criticism filed in federal courtroom in San Francisco by plaintiff Kalman Issacs, Tesla and Musk “embarked on a scheme and course of conduct to artificially manipulate the price of Tesla stock to completely decimate the Company’s short-sellers,” starting with Musk’s August 7 tweet.

The criticism says the sequence of tweets concerning the proposal drove shares of Tesla up $45.47 above the day before today’s closing. The lawsuit additionally claims Musk falsely acknowledged he had secured the mandatory funding to take Tesla private.


In a separate class-action lawsuit additionally filed in federal courtroom in San Francisco, plaintiff William Chamberlain claims Musk “materially misled investors” between August 7 and August 10 on plans to take Tesla private, together with falsely claiming investor help for the proposal was confirmed, and that funding was secured.

Tesla couldn’t be instantly reached for remark.

Meanwhile, Tesla and Musk could face an investigation from the Securities and Exchange Commission. According to The Wall Street Journal, the SEC has talked to Tesla about Musk’s tweet, in addition to why he made the disclosure on Twitter.

This week, Tesla’s board of traders is reportedly planning to meet with financial advisors to discover a proposal to take the corporate private. CNBC studies the board will probably ask Musk to recuse himself.

Follow Brett Molina on Twitter: @brettmolina23.

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