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Musk adds a new lawsuit! Tesla shareholders accuse him of insider trading

According to a lawsuit filed in Delaware Chancery Court, a Tesla investor alleges that Tesla CEO Musk used company insider information to sell $7.5 billion worth of Tesla stock at the end of 2022.

Musk was sued again.

According to a lawsuit filed in the Delaware Chancery Court, a Tesla investor accused Tesla CEO Musk of using insider information to sell Tesla stocks worth $7.5 billion at the end of 2022.

The investor's name is Michael Perry, who claimed in the lawsuit that Musk knew Tesla's car delivery in the fourth quarter of 2022 would not meet expectations, so he sold a total of $7530113926 worth of Tesla stocks in November and December 2022 before the release of the relevant quarterly report in January 2023.

The lawsuit states that if Musk trades after announcing quarterly results to shareholders, "his net income will be less than 55% of the realized amount.". The lawsuit also pointed out that based on the closing price of $108.1 per share on January 3, 2023, Musk's insider trading profits for November and December were approximately $3 billion.

Perry claimed in the lawsuit that Musk must have had access to company information that had not yet been made public, which led to his sale of stocks.

The lawsuit also cited Musk's statement made during the 2023 earnings conference call. It is mentioned that Tesla "updates in real-time every day how many cars were ordered yesterday and how many cars were produced yesterday", and these data are "not delayed".

Therefore, Perry believes that changes in Tesla's production and delivery data have allowed Musk to obtain significant non-public information about Tesla's production and delivery data for the fourth quarter of 2022 in advance.

Perry also accused Musk of misleading shareholders' expectations for the fourth quarter of the year during the October 2022 earnings conference call. According to relevant records, Musk mentioned in a conference call, "The performance in the fourth quarter was very good."

"I can't emphasize it too much," Musk said at the time. "Our demand for the fourth quarter is very good, and we expect every car we produce to be sold for a long time in the future."

Perry stated that "Musk took advantage of his position at Tesla and violated his fiduciary duty towards Tesla," and requested the court to order Musk to return the profits earned from the exchange. In addition, the lawsuit also accuses Tesla directors of allowing Musk to sell shares in violation of fiduciary duty.

It's not the first time Musk has been accused of insider trading.

Last June, a group of investors filed a class action lawsuit against Musk, accusing him of manipulating the price of Dogecoin, a cryptocurrency. Investors believe that Musk uses his celebrity influence to create gimmicks on platforms such as Twitter, and then trades through multiple Dogecoin wallets controlled by him or Tesla to gain profits. The lawsuit was filed in June 2023 and is currently ongoing.

Last October, according to a court document, the Securities and Exchange Commission (SEC) was investigating Musk's acquisition of Twitter, which required Musk to provide testimony on the matter. It is reported that this investigation involves Musk's purchase of a large amount of shares in Twitter before his acquisition in 2022, which the SEC believes is suspected of violating federal securities laws.

On April 4, 2022, Twitter's stock price rose nearly 30% after Musk revealed his ownership of 9.2% of Twitter. Twitter shareholders have stated that due to Musk's failure to disclose the increase in stock holdings in a timely manner, some shareholders have sold Twitter shares at artificially low prices. And Musk saved hundreds of millions of dollars by increasing his stake in Twitter and privately discussing acquisition plans with executives.

Regarding the failure to disclose his holdings in Twitter stocks in a timely manner, Musk's lawyer argued that as the founder or CEO of multiple companies such as Tesla and SpaceX, Musk was "one of the busiest people on Earth," and therefore his failure to comply with SEC rules was "unintentional."

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