SEC asks Elon-Musk to comply with investigation subpoena for testimony
Investigation into possible violation of federal securities laws by Musk's 2022 purchase of Twitter shares。
The U.S. Securities and Exchange Commission (SEC) has applied for an order to require Elon Musk to comply with an investigation subpoena requiring him to testify in court, but Musk has not complied。
If an individual or entity refuses to comply with a subpoena issued by a SEC law enforcement officer under a formal investigation order, the SEC may file a subpoena enforcement action in a federal district court seeking an order to enforce compliance。
According to SEC staff filings with the U.S. District Court for the Northern District of California, the testimony subpoenas issued to Musk relate to the SEC's ongoing investigation into possible violations of multiple provisions of federal securities laws relating to (a) Musk's 2022 purchase of shares of Twitter stock, and (b) Musk's 2022 Twitter-related statements and SEC filings.。
According to the filing, the SEC asked Musk to testify to obtain information that the SEC does not yet have that is relevant to its reasonable and lawful investigation.。
According to the SEC, Musk failed to testify as required by the SEC's investigative subpoena, although he (1) agreed to testify on a mutually agreed date in September 2023; (2) received a subpoena in May 2023 requiring him to testify at the SEC's San Francisco regional office on a mutually agreed date; and (3) Musk did not challenge the subpoena from May 2023 until two days before the scheduled testimony date in September 2023, when Musk notified the SEC that。
For the first time, Musk filed several false objections in an attempt to justify his refusal to comply with the subpoena, according to the filing.。
SEC staff application asks court to make order directing Musk to comply with subpoena。
The application depends on the decision of the court。The SEC staff is continuing its fact-finding and, to date, has not concluded that any individual or entity violated federal securities laws.。
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