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Elon Musk asks court docket to reject SEC’s bid to make him testify in Twitter probe

Tesla, X (previously often known as Twitter) and SpaceX’s CEO Elon Musk attends the AI Security Summit at Bletchley Park in Bletchley, Britain on November 1, 2023. Leon Neal/Pool by way of REUTERS Purchase Licensing Rights

NEW YORK, Nov 2 (Reuters) – Elon Musk requested a federal choose on Thursday to not power him to testify within the U.S. Securities and Trade Fee’s probe into his $44 billion takeover of social media web site Twitter.

Musk filed the objections in San Francisco federal court docket, the place the SEC sued him on Oct. 5 to make him testify for the probe, which it launched in April 2022. The SEC’s subpoena exceeds the company’s investigative authority, is overly burdensome and seeks “irrelevant proof”, Musk’s legal professionals mentioned within the submitting.

The SEC has mentioned it was investigating Musk’s 2022 purchases of Twitter inventory and his statements and SEC filings regarding Twitter — which Musk subsequently renamed X — and that Musk had refused to attend a September interview for the probe.

Alex Spiro, an lawyer for Musk, has known as the investigation “misguided.”

On Thursday, Spiro and Musk’s different legal professionals mentioned within the submitting: “The SEC’s pursuit of Mr. Musk has crossed the road into harassment”.

The SEC didn’t reply instantly to requests for remark. The company has beforehand mentioned it’s effectively inside its authority to hunt extra testimony from Musk and that it has obtained new paperwork within the investigation since final interviewing him.

On April 4, 2022, Musk disclosed he had acquired a 9.2% stake in Twitter. It was 11 days after the SEC’s deadline for such disclosures. Musk initially mentioned he deliberate to be a passive stakeholder, that means he didn’t plan to take over the corporate.

Later that month, he introduced plans to purchase Twitter for $44 billion. He subsequently tried to get out of the deal, alleging Twitter was not disclosing the complete extent of bot exercise on its platform.

After being sued to finish the deal, Musk closed his acquisition of Twitter in late October 2022.

Musk has given the SEC paperwork regarding the probe and supplied testimony in July final 12 months by way of video convention, the SEC mentioned in a court docket submitting. However SEC attorneys mentioned they’ve extra questions for Musk after seeing the paperwork.

The SEC has issued 32 subpoenas within the investigation and has taken testimony from Musk and at the least three different people seven occasions, Spiro mentioned in a second submitting. Musk alone has obtained 5 subpoenas for paperwork and one other three for testimony, he mentioned.

The SEC has spent 18 months “devoting its formidable assets to investigating Mr. Musk over an allegedly premature submitting,” the court docket filings mentioned. “That is simply the most recent chapter in a more-than-five-year saga of company harassment towards Mr. Musk and associated entities.”

The court docket battle is the most recent flare up within the acrimonious relationship between the U.S. market regulator and Musk, the world’s wealthiest particular person.

The SEC sued Musk in 2018 over his posts on social media saying he had “funding secured” to take electrical automobile maker Tesla Inc (TSLA.O) non-public. Musk settled, however the regulator sued him once more in 2019 alleging he had violated the phrases of the settlement.

Musk has in the meantime accused the company of mounting “infinite” investigations into him and Tesla.

He mentioned he’ll ask the U.S. Supreme Courtroom to assessment the legality of his SEC settlement, which requires him to vet a few of his social media posts with a Tesla lawyer.

Reporting by Jody Godoy and Chris Prentice in New York; extra reporting by Dan Whitcomb; Modifying by Chizu Nomiyama and Christian Schmollinger

Our Requirements: The Thomson Reuters Belief Ideas.

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Chris Prentice experiences on monetary crimes, with a give attention to securities enforcement issues. She beforehand coated commodities markets and commerce coverage. She has obtained awards for her work from the Society for Advancing Enterprise Modifying and Writing and the Newswomen’s Membership of New York.

Jody Godoy experiences on banking and securities regulation. Attain her at jody.godoy@thomsonreuters.com

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