Tag: SEC

Supreme Court to SEC: Use of in-house administrative law judges unconstitutional

1:43 pm

SEC: no longer above the law
SEC: no longer above the law

The Supreme Court today ruled 6-3 that the SEC has violated the Constitution with its use of in-house administrative law judges to rule on its various securities fraud cases.

The agency, like other regulators, brings some enforcement actions in internal tribunals rather than in federal courts. The S.E.C.’s practice, Chief Justice John G. Roberts Jr. wrote for a six-justice majority in a decision divided along ideological lines, violated the right to a jury trial. “A defendant facing a fraud suit has the right to be tried by a jury of his peers before a neutral adjudicator,” the chief justice wrote.

This ruling against the use of administrative law judges has a direct bearing on SpaceX’s own lawsuit [pdf] against the National Labor Relations Board (NLRB). In January the NLRB filed a complaint against SpaceX, accusing it of firing eight employees illegally for writing a public letter criticizing the company in 2022. Rather than fight that complaint directly, SpaceX’s response was to file a lawsuit challenging the very legal structure of the NLRB itself, including its use of administrative law judges.
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Questions raised about Branson’s most recent Virgin Galactic stock sale

9:31 am

It appears that both Virgin Galactic and Richard Branson might have violated SEC regulations when they sold more than $800 million in stock this summer without notifying buyers of the FAA investigation into the anomaly on Branson’s July 11th suborbital flight that has now grounded all SpaceShipTwo flights.

On July 12, Virgin Galactic announced in a Securities and Exchange Commission filing that it was selling $500 million worth of common stock. The filing did not mention that during its edge-of-space flight the day before, its aircraft deviated from its air-traffic-control clearance, a mishap that would ultimately trigger a Federal Aviation Administration investigation and lead to the indefinite grounding of its space-tourism operation.

The FAA began investigating on July 23, a spokesperson told Insider. On August 11, the agency grounded Virgin Galactic’s rocket plane.

In an August 13 SEC filing, Richard Branson, the English billionaire who founded Virgin Galactic in 2004, said that in the previous three days, he had sold roughly 10.5 million personal shares, a stake worth about $300 million.

Let’s review the timeline.

July 11: The flight occurs, with high winds forcing it outside its planned flight path.
July 12: Virgin Galactic sells $500 million in stock, without mentioning the anomaly.
July 16: By this date the company was required to inform the FAA of any anomalies during the flight.
July 23: The FAA initiates its investigation..
August 11: The FAA grounds Virgin Galactic.
August 13: SEC filing reveals Branson had sold $300 million in stock without mentioning the anomaly.
September 1: New Yorker article reveals investigation of anomaly.

Though no investigation had been started, Virgin Galactic must have known about the flight anomaly when it sold its $500 million in shares on July 12, right after the flight.. By August, when Branson sold his $300 million in shares, that investigation was on-going. Yet he also failed to mention the anomaly.

As I have said before, Branson has all the markings of a conman. He has very carefully been selling stock, reducing his share in the company in the past two years from 51% to 18%, with each stock sale carefully timed to take advantage of some event that pumped up the stock’s price.

All in all, the pattern by Branson suggests he really does not have much faith in Virgin Galactic’s future.

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Musk settles with SEC, pays fine, reduces control at Tesla for 3 years

7:43 pm

Elon Musk and Tesla have negotiated a settlement with the SEC, agreeing to each pay a fine of $20 million while Musk reduces his role with the company for the next three years.

Musk and Palo Alto-based Tesla agreed to pay a total of $40 million to settle the case, and he will give up his chairmanship for at least three years. The electric-car maker also is required to install an independent chairman and two new board members, though Musk will remain on the board, according to terms of the settlement.

Musk and Tesla will each pay $20 million to settle the case; both reached the deal without admitting wrongdoing.

I suspect this will not reduce Musk’s influence on Tesla very much. To me, this whole kerfuffle was the SEC acting like a bunch of mobsters, pulling its weight against someone it apparently doesn’t like. “Nice business you have there, Elon. Sure would be a shame if something happened to it.”

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SEC goes after Musk

8:02 pm

The Securities and Exchange Commission today filed a complaint against Tesla in an effort to force Elon Musk out as head of the company.

The complaint filed by the Securities and Exchange Commission came after a last-minute decision by Mr. Musk and his lawyers to fight the case rather than settle the charges.

The filing by the SEC in federal court in Manhattan threatens to deal a severe blow to the Palo Alto, Calif., electric car maker. Its brand and Mr. Musk are closely intertwined, and analysts have said the company’s roughly $50 billion market value is driven by Wall Street’s appreciation for Mr. Musk’s vision and skill as an innovator.
SEC Sues Elon Musk for Fraud, Seeks Removal From Tesla

Tesla wasn’t named in the suit as a defendant, but the SEC is seeking to bar Mr. Musk, Tesla’s largest shareholder and its top executive, from serving as an officer or director of any U.S. public company. Tesla shares, which have been under intense pressure amid questions about the firm’s financial strength and Mr. Musk’s behavior, tumbled 9.9% to $277 in after-hours trading Thursday on Nasdaq.

This is very bad news for Tesla. However, it might be good news for SpaceX, as Musk has admitted to being very overworked. If he is forced from Tesla, he will have an enormous load removed from him.

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