1,236 karma · joined May 4, 2015
He was "thinking"? That's not funding secured. Why have all of these institutions specifically denied having discussed it at the time too? Either it wasn't these institutions, or funding was very far from secure at the time he claimed it was.
> It wasn't a $100B deal. Many larger investors would rolled their holdings into the private entity - Elon alone would have. $40 - $50B. If debt is in mix equity portion even smaller. It would have been the deal of the century.
If you are going to get investors for something like this, you're also going to roll over all the debt/options that you have on your books as well. It would have been close to ~100 billion, the largest LBO ever done.
> And yes - discussions like this happen with some frequency - and it's not a scandal if the deal doesn't close - you just don't usually read about them.
You don't read about them because the CEO doesn't announce they secured funding for one in the middle of trading. You know, the responsible thing to do.
Clearly options traders didn't, since all options above $420 went to zero.
> The short sellers around tesla have been pathetic. Note I don't own any tesla stock, but the short seller hype train is just ridiculous around tesla. How there has been no action there is mind boggling.
I disagree. I think the behavior of the stock holders have been pathetic. The short sellers demands for greater transparency and a company not entirely based on smoke and mirrors are easily met. The company itself has refused to meet those minimal standards.
> He's a crazy guy willing to take crazy risks - look at SpaceX -> they are operating COMPLETELY outside all norms.
So? This shouldn't be an excuse for fraudulent behavior. Everytime I bring up a specific problematic behavior of Elon Musk, someone wants to reframe the conversation around the totality of his behavior, rather than the single criticism. I don't know about rockets, but from what I hear, Elon has done a great deal for him. Good for him. That doesn't make any of his behaviors faking a buyout ok, his behavior in the SolarCity merger, or his behavior with the Boring Company.
If we want better businessmen, we have to hold the ones we have accountable. Continuing to refuse to do that for Elon is spawning generations of people like Trevor Milton who assume laws don't apply if you're charming enough.
> The conflicts with solar city were crazy - they were also public. I thought it was a terrible deal - but that was public too. If you think Elon is bad for tesla and you own stock vote him out by running your own board slate. But he has a vision for a fully integrated solar and powerwall type product no barriers. You get an app, the sun charges the battery. They had and have ideas around charging cars mixed into that. Not sure if it's a good idea - plenty of competitors coming for Tesla, but they may be able to deliver something here with their solar / energy AND car companies. And the trend is towards this type of integration - so he gets to take a crack at it.
He lied to shareholders about both SolarCity's financial state and faked a product in order to secure the merger. You can say, "these are public companies" all you want, but the public companies voted for the merger purely on Elon's word, which apparently isn't worth much.
> Importantly, you are Elon, you own 22% of two companies - Tesla and SolarCity with highly overlapping missions. You want to integrate solar / energy / cars. I mean, what would YOU do. Go do a deal with some company in China the way others have tried? These folks saying it's such a bad idea / deal - what was their much better proposal? Elon already knew the Solarcity board and management etc etc. I really am curious what was the amazingly better option to get where Elon wanted to go. Easy to criticize, harder (much) to do.
Not fake a product and lie about the financial status of my company. You know, the bare minimum.
$420 funding secure indicates he already had financing ready. Why has this mystery funder never materialized.
> Anyone who bought in at this news would have been buying in for < $84 per share (split adjusted). Current stock price is 600 per share+.
This is hugely problematic as a response. Elon Musk's behavior is unethical whether Tesla stock went up or down. The stock price should not be used as justification for previous lies. If we accept that, then we accept markets where people can gamble on a lie and things are fine if their gamble works out. That's not the business culture I want to create. People should be honest about risks so that they can be properly evaluated.
> The problem the SEC has had in trying to charge him is that folks feel like the SEC really ignore some of the clear scam behavior by big players.
Elon Musk is literally the second biggest player! Ignoring his malfeasance creates more people willing to emulate him.
> Fail to deliver? No issue. Broker bad behavior and theft? Light FINRA slaps on the wrist. Complaints about Madoff? Investigate the complainers. CEO talking about potential to take a company private publically - all out WAR by SEC!
You won't find me giving a kind word to the SEC's currently regulatory practices, but we need to recognize that corporate culture is made from examples. When someone like Elon Musk publicly flouts all responsible corporate behavior, and doesn't have an example made of him, then that is going to breed people willing to make the exact same decisions.
> He said he is considering something. It was not definite.
"Funding secured" is definite.
> Yes - people want to make this into a huge crime. But he explained in his tweets pretty transparently to most what his thinking was.
It is a huge crime. In the middle of trading, he decided to fraudulently claim he had a buyout offer for his company. That screws over not just short sellers, but any one who had calls above the $420 a share price. There is no universe where that is healthy for our markets.
> if you read between lines - the contempt court case got a bit of an eye roll from the judge involved.
He's currently in a court case for his buyout of Solar City, where he announced a fake product, used it as reasoning for his one public company to buy a company that he, his brother, and his cousin's had the largest stake in, and he, his brother, and his other companies (Tesla and SpaceX) were the largest bondholders in. This is a cartoonish set of conflicts of interest here. But apparently that shouldn't matter, because "stock price."
Like lying about a buyout offer for his company. Which he received a incredibly small punishment for.
We also should not let Elon Musk's actions only be evaluated in their totality. We can argue about the net sum of his contributions, but it should be fundamentally irrelevant to evaluating any individual one. He shouldn't lie or allow fraud. His actions with the Solar Roof launch, Boring Company, Self Driving, and funding tweets all cross ethical lines that we as a country need to make clear are not what we want from our business leaders.
Car companies are treated as government institutions. BMW and Volkswagen used to produce tanks. The German government will ask them too again if they start struggling to much. Companies like Fiat or Ferrari are as big a part of Italian national pride as rooting for their football team. Hyundai is 10% of South Korea's entire economy.
The car industry is political. Anyone assuming one company is going to sweep in and own everything hasn't paid attention. These companies will be defended until the ends of the earth by their own governments, so you have a massive put existing for all of them by default.
Trust is fundamental part of markets and is basically its own interest rate. The more people can trust one another, the riskier investments people are willing to partake in.
Is it easier to raise money for risky endeavors or for "hot" endeavors. I'm not sure this no structure to how a lot of people are now allocating capital is actually contributing anything positive, just pure malinvestment.
AMC is a perfect example. It's a company that raised hundreds of millions at valuations 10x of what it had months ago. Is AMC a "risky investment" we should be allocating capital too? Box office receipts and still down 50% and may never fully recover. Why is AMC a good use of that capital rather than institutions that can replace it completely?
"The fraud triangle is a framework commonly used in auditing to explain the reason behind an individual’s decision to commit fraud. The fraud triangle outlines three components that contribute to increasing the risk of fraud: (1) opportunity, (2) incentive, and (3) rationalization."
https://corporatefinanceinstitute.com/resources/knowledge/ac...
Companies that are "saving the world" are rife with people willing to rationalize their behavior. That's why it is imperative they are scrutinized properly so that the other elements don't also become rampant. We've failed completely with that on the latest wave of greentech companies.
Elon Musk's repeated fake-it-till-you-make-it behavior and the unwillingness of regulators to crack down on it spawns Trevor Miltons.