Elon Musk, the enigmatic CEO of Tesla and SpaceX, has been making headlines once again. This time, it's not for his groundbreaking innovations or ambitious projects but for allegations of insider trading.
Two separate lawsuits have been filed against Musk by Tesla investor Michael Perry. The suits allege that Musk sold over $7.5 billion worth of Tesla stock in late 2022, before potentially disappointing production and delivery numbers were made public in early 2023.
According to the lawsuits, Musk had inside knowledge of the lower-than-expected numbers and sold his shares before this information was released to shareholders. The suits also claim that Musk breached his fiduciary duties by selling these shares.
Musk's alleged insider profits for his November and December sales were approximately $3 billion based on the January 3, 2023 closing price of $108.10 per share.
The first lawsuit was filed on May 31, 2024, in Delaware Chancery Court. The second lawsuit was filed a few hours later with identical allegations.
Tesla's stock price plummeted after the company's fourth-quarter numbers were made public on January 2, 2023. Had Musk waited to make these sales until after the release of material adverse news, his sales would have netted him less than 55% of the amounts realized from his November and December 2022 sales.
Musk has not yet responded to these allegations.
This is not the first time Musk has faced accusations of insider trading. In 2018, he tweeted that he had 'funding secured' to take Tesla private, only for this to be proven false. The Securities and Exchange Commission (SEC) investigated this matter and Musk was required to pay a fine.
Musk is also currently in the middle of a regulatory probe by the SEC regarding his purchase of stock in social media platform Twitter, which he later renamed X.
These allegations come at a time when Musk is facing opposition from some Tesla shareholders who are set to vote on whether to ratify his $56 billion pay package. The Delaware judge who voided the pay package in January found that Musk improperly controlled the process.
It's important to note that these allegations are just that - allegations. Musk has not yet been charged with any crime, and it remains to be seen how this situation will unfold.
Despite these challenges, Musk continues to push the boundaries of what is possible in technology and space exploration. Only time will tell if his latest venture into social media will be as successful as his previous endeavors.