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US securities agency denies claims it’s harassing Elon Musk

DETROIT (AP) – United States (US) securities regulators responded to allegations that they are harassing Elon Musk, writing in a letter that they’re following a judge’s instructions in trying to speak with the Tesla chief executive officer’s lawyers about his posts on Twitter.

In a letter dated on Friday, Steven Buchholz of the Securities and Exchange Commission’s (SEC) San Francisco Office wrote that the judge handling a securities case against Musk encouraged both sides to confer before raising issues with the court.

He also denied that the agency had issued subpoenas in the Musk Twitter case and that the SEC is taking too long to distribute a USD40 million penalty from Musk and Tesla that is supposed to go to Tesla shareholders.

Early Thursday, lawyers for Musk sent a letter to US District Judge Alison Nathan in Manhattan accusing the SEC of harassing him with investigations and subpoenas over his Twitter posts. In 2018, Musk and Tesla each agreed to pay USD20 million in civil fines over Musk’s tweets about having the money to take the company private at USD420 per share. The funding was far from secured and the company remains public. The settlement specified governance changes, including Musk’s ouster as board chairman, as well as approval of Musk’s tweets.

The letter from attorney Alex Spiro accuses the SEC of trying to “muzzle” Musk, largely because he’s an outspoken government critic.

“The SEC’s outsized efforts seem calculated to chill his exercise of First Amendment rights rather than to enforce generally applicable laws in an even-handed fashion,” the letter stated.

Spiro also questioned why the SEC hasn’t distributed the USD40 million in fines to Tesla shareholders more than three years after the settlement. Buccholz wrote that during a 2019 contempt hearing, the judge encouraged the parties to make good faith efforts to meet before raising any compliance issues with the court.

“The Commission’s enforcement staff have, accordingly, sought to meet and confer with counsel for Tesla and Mr Musk to address any concerns regarding Tesla and Mr Musk’s compliance with the court’s amended judgements,” Buchholz wrote.

Tesla and SpaceX Chief Executive Officer Elon Musk. PHOTO: AP

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