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So what should have been the penalty?

Kick Elon's brother from the board or a fine or when next package is announced then force tesla to follow certain legal guidelines.

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There was nothing wrong with the comp package itself, but forcing a re-vote with disclosure of any false information would be the most appropriate strategy. It's still unfair, because it was a gamble then and a sure thing now, but I suspect it would pass again.

This is what fines are for, though, and they work even better with very profit-sensitive companies like Tesla.

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