The judge asks for a 10-page letter explaining why she should approve Elon Musk's settlement with the SEC.



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Musk, who has long protested against Tesla's short sellers – investors who bet against the company – called the SEC the "Shortseller Enrichment Commission".

"I just want [sic] that the Short Sale Enrichment Commission does an incredible job, "he said. And the name change is so much in progress! "

The SEC told CNN Business that she had not changed her name and declined to comment further on the tweet.

Tesla shares plunged more than 2% after trading hours.

Musk has been boiling with the SEC since August 7, when he claimed on Twitter that he had secured the funding needed for Tesla to be privy to $ 420 per share. This caused the company's stocks to rise.

But Musk did not get the funding, the SEC said. The agency eventually filed a lawsuit against the chief billionaire last week.

Two days later, the agency announced that Musk had accepted an agreement that would compel him to withdraw from the Tesla presidency and pay a $ 20 million fine. In addition, Tesla has agreed to pay $ 20 million to settle claims that it failed to adequately control Musk's tweets.

Tesla did not immediately respond to the request for comment on Musk's latest tweet.

Originally, the SEC's lawsuit was aimed at preventing Musk from holding management positions in a publicly traded company. The company has also agreed to install two new independent directors on its board of directors and to create a committee to oversee Musk's communications.

The agreement reached between Tesla and Musk with the SEC would allow Musk to remain as Tesla's CEO (TSLA) and does not require that he acknowledge having committed a wrongdoing.

But the settlement still needs to be approved by the court.

Musk's tweet arrived the same day Justice Alison Nathan, a US District Court Judge in New York, asked for a joint letter explaining why she needed to approve the interim settlement agreement between Musk and the Securities and Exchange Commission. Exchange Commission. The judge requested that the letter not exceed 10 pages and be double spaced. Due date: October 11th.

It is not a rare practice for a judge to ask for such a letter.

The judge does not have to accept the proposed settlement agreement. A federal judge tried in 2011 to decipher an agreement between Citigroup and the SEC, launching a three-year battle with the SEC. A superior court eventually took sides with the SEC.

In the case of Tesla, the SEC first tried to prevent Musk from sitting as an officer or director, but the settlement was finally settled three days later for much less.

It is possible that Justice Nathan will understand what has changed so quickly, according to Doug Davison, Conflict Resolution Partner at Linklaters and SEC Veteran.

This arrangement is unusual, says Jay Dubow, Pepper Hamilton Partner and former Branch Manager of the SEC Enforcement Division. As a rule, leaders are not allowed to stay as a general manager when they are forced to leave the position of president. But Dubow said he would be surprised that the judge ultimately rejected the proposed settlement.

"I think it's the judge who's paying attention," he said. "It's a high profile case."

The SEC and Musk are likely to argue that Musk's withdrawal as CEO could further damage the company's shares and therefore the shareholders, he said.

Barclays analyst, Brian Johnson, said in a recent note that Tesla's action involves a $ 130 musk premium, which could disappear if he is forced to leave the company. 39; company.

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