Gensler's Demand for a Quick Resolution
SEC Chairman Gary Gensler has issued a warning to Elon Musk, urging him to settle within 48 hours or face unspecified charges. The SEC is reportedly preparing multiple accusations, but the exact details, such as the nature of the charges or the number of Musk’s companies involved, remain unclear.
Investigation into Twitter Stake Disclosure
The SEC's investigation revolves around Musk’s delayed disclosure of his 9.2% stake in Twitter. Musk revealed this stake on April 4, 2022, approximately ten days after surpassing the legal 5% disclosure threshold. According to the Hart-Scott-Rodino Act, anyone acquiring at least a 5% stake in a publicly traded company must disclose it within ten days.
In May 2024, Musk agreed to testify in the SEC's investigation but refused to comply with their subpoena to provide testimony. This refusal led the SEC to file for sanctions in a San Francisco court.
Experts Criticize SEC’s Actions
Pro-XRP lawyer John Deaton criticized the SEC's handling of the Musk case, highlighting the agency's aggressive approach. He argued that if the SEC treats the world’s richest man this way, companies with fewer resources are likely subjected to even harsher treatment.
Deaton referenced the case of LBRY, where the SEC used aggressive tactics, including threatening founder Jeremy Kauffman with bankruptcy even before filing a lawsuit.
High Costs of Defending Against the SEC
Deaton also pointed out that Ripple and its CEO Brad Garlinghouse spent over $150 million defending against a case that didn’t involve fraud but rather a failure to register securities. He emphasized that most companies lack the resources to mount such a defense, highlighting the disparity in how the SEC enforces its regulations.
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