SCOOP: SEC ramps up investigation into Tesla privatization plans; sends subpoenas to Tesla regarding privatization plans and Musk’s statements involving “funding secured”–sources Subpoenas signal investigation has reached the “formal” stages — sources more now @FoxBusiness
*— Charles Gasparino (@CGasparino) August 15, 2018
for the record: this story was NOT given to me by a short but by a company source https://t.co/mFKVwMxOxe
— Charles Gasparino (@CGasparino) August 15, 2018
Damage Control Mode
The NYT reports Elon Musk Sends Tesla Board Into Damage Control Mode.
Elon Musk, the electric-car maker’s co-founder and chief executive, stirred up a public storm by announcing on Twitter last week that he wanted to turn Tesla into a private company. In recent days, according to people familiar with the matter, some of his fellow board members delivered a stern message: Stop tweeting.
Mr. Musk hasn’t heeded that advice. He has continued to post messages on Twitter, publicly plotting the company’s strategy and in some cases making assertions of dubious accuracy. That has only added to the chaos engulfing the struggling company.
Tesla has also been plagued by operational problems and it has struggled to meet Mr. Musk’s production targets for the Model 3 sedan, the company’s first mass-market offering and a vehicle he has said is crucial to company’s ability to become profitable.
Board members’ frustrations have intensified in recent days.
Directors were upset that Mr. Musk’s tweets forced them to rush out a public statement explaining a transaction that was at an embryonic stage, according to people familiar with the thinking of board members.
Another Lie
I’m excited to work with Silver Lake and Goldman Sachs as financial advisors, plus Wachtell, Lipton, Rosen & Katz and Munger, Tolles & Olson as legal advisors, on the proposal to take Tesla private
— Elon Musk (@elonmusk) August 14, 2018
Neither Goldman nor Silver Lake — a private-equity firm focused on technology investments — had actually signed on with Tesla or Mr. Musk to play those roles, according to people familiar with the matter.
On Tuesday, Goldman was in talks with Tesla about a possible role, but had not finalized anything. Silver Lake, meanwhile, is interested in investing in any going-private deal, but it isn’t acting in a paid advisory capacity.
Musk on Secured Funding fromTesla Blog
Why did I say “funding secured”?
Going back almost two years, the Saudi Arabian sovereign wealth fund has approached me multiple times about taking Tesla private. They first met with me at the beginning of 2017 to express this interest because of the important need to diversify away from oil. They then held several additional meetings with me over the next year to reiterate this interest and to try to move forward with a going private transaction. Obviously, the Saudi sovereign fund has more than enough capital needed to execute on such a transaction.
Sorry Elon, that won’t wash. Someone having a possible interest and actually agreeing to do it are two different things.
More Lawsuits

Tesla Facing Third Securities Fraud Lawsuit Over Elon Musk’s Tweet
“Kaplan Fox Announces Investor Class Action Lawsuit Filed Against Tesla, Inc.” https://t.co/ABXeLfkyab YET ANOTHER ONE, WITH THE LONGEST CLASS PERIOD YET$TSLAQ $TSLA
— Mark B. Spiegel (@markbspiegel) August 15, 2018
https://twitter.com/ryanfelton/status/1029752851185192961
Martha Solution
There’s one way to keep him quite. Send him to prison and take away his computer.
Martha Stewart musta been whipping her egg white peeks through the ceiling waiting for this news.
— AzKELLYcom (@AzKELLYcom) August 15, 2018
What’s it All About?
Musk desperately needs to keep share price over a convertible bonds strike price of $360.
For details, please see Tesla’s Hail Mary Play and Convertible Bond Hokey Pokey.
Mike “Mish” Shedlock



Good to see the SEC is still functioning. Pity they aren’t going after the banks, financial institutions, HST funds or investigating central bank manipulation. Like all US institutions they have become toothless surface feeders controlled in the depths where it matters by big-money. Persecuting Tesla will make them look good in the public’s eye but it’s ultimately meaningless.
Musk is a well known anti-establishment guy. Of course they will try to take him down. You won’t see them going after Bezos, who rigged the bid for the DoD cloud project.