Friday, September 28, 2018

SEC: Elon Musk's $420 Price Point Was a Weed Reference

The SEC has filed a complaint against Elon Musk for securities fraud, accusing Musk of making false or misleading statements about taking Tesla private at $420 per share.

The complaint details what the SEC contends are the false and misleading statements, and it also contains this tidbit:

"Musk stated that he rounded the price up to $420 because he had recently learned about the number's significance in marijuana culture and thought his girlfriend 'would find it funny, which admittedly is not a great reason to pick a price.'"


Elon Musk Charged with Securities Fraud


The Securities and Exchange Commission charged Elon Musk, CEO and Chairman of Silicon Valley-based Tesla Inc., with securities fraud for a series of false and misleading tweets about a potential transaction to take Tesla private.

On August 7, 2018, Musk tweeted to his 22 million Twitter followers that he could take Tesla private at $420 per share (a substantial premium to its trading price at the time), that funding for the transaction had been secured, and that the only remaining uncertainty was a shareholder vote. The SEC’s complaint alleges that, in truth, Musk had not discussed specific deal terms with any potential financing partners, and he allegedly knew that the potential transaction was uncertain and subject to numerous contingencies. According to the SEC’s complaint, Musk’s tweets caused Tesla’s stock price to jump by over six percent on August 7, and led to significant market disruption.

The SEC’s complaint, filed in federal district court in the Southern District of New York, alleges that Musk violated antifraud provisions of the federal securities laws, and seeks a permanent injunction, disgorgement, civil penalties, and a bar prohibiting Musk from serving as an officer or director of a public company.

SEC Press Release

--- If you need help with a securities litigation, arbitration or litigation issue, email Mark Astarita or call 212-509-6544 to speak to a securities lawyer.

Tuesday, September 25, 2018

UBS Loses $2 Billion in Assets

AdvisorHub is reporting that UBS Wealth Management USA on Friday lost a big producer to First Republic Bank in Los Angeles.

According to AdvisorHub, the broker moved alone to First Republic’s private wealth management arm, and had generated some $6 million in annual revenue from $2 billion in client assets.

This is part of a continuing departure of brokers from UBS, despite the fact that the firm withdrew from the Protocol for Broker Recruiting, the industry agreement that allows brokers to contact their former clients when moving among member firms.

https://advisorhub.com/first-republic-nabs-6-mln-ubs-producer-in-los-angeles/

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Mark Astarita is a New York securities lawyer who represents investors and financial professionals across the country in securities arbitrations and investigations, and has been doing so for over 30 years. He has represented brokers transitioning between firms for years. Call him at 212-509-6544 or email him at mja@sallahlaw.com if you have any questions, comments or concerns regarding such matters.

Monday, September 24, 2018

SiriusXM to buy Pandora for $3.5 billion

According to CNBC, the merger agreement includes a "go-shop" provision, where Pandora "may actively solicit, receive, evaluate and potentially enter negotiations with parties that offer alternative proposals."

SiriusXM expects the deal to close in the first quarter of 2019.


FINRA Investigating Expense Reports

FINRA has started a new series of investigations, this time into broker expense reports. While one would think that an expense report item is a matter between the firm and its employee, FINRA believes it is a significant books and records violation, warranting an investigation, and attempting to bar brokers from the industry.

Given the apparent breathe and scope of this investigation, FINRA is committing significant resources to this issue, and brokers need to protect themselves. FINRA is sending out 8210 Requests, and seeking permanent bars.

Brokers are being barred from the industry over these expense reports issues. If you have an issue with your firm over an expense report, or the accuracy of any document submitted to the firm, call our office before responding to the firm. We may be able to get ahead of a FINRA Request by intervening at the firm level.

If you have received a document request from FINRA, call our office before responding. How you respond to that request can have a significant impact on how the investigation ends. We have significant experience, and success, in representing brokers and managers in FINRA books and records proceedings.

Call 212-509-6544 or email mja@sallahlaw.com

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Mark J. Astarita, Esq. has spent the last thirty years representing investors, financial professionals and firms in litigation, arbitration and regulatory matters across the country. He is a partner in the national securities law firm of Sallah Astarita & Cox, LLC and can be reached by email at mja@sallahlaw.com or by phone at 212-509-6544.

Saturday, September 15, 2018

Dark Pool Costs Citigroup $12 Million

Citigroup Inc was ordered to pay more than $12 million by U.S. regulators on Friday after it was found that the bank’s investment banking and financial advisory unit misled users of a “dark pool” operated by one of its affiliates.



Thursday, September 13, 2018



The SEC has entered penalties against a crypto asset hedge fund for misrepresenting itself as a registered entity.

A digital asset hedge fund manager was charged with misrepresentations and registration failures, for allegedly marketed itself falsely as the “first regulated crypto asset fund in the United States” while actually operating as an unregistered investment company. California-based Timothy Enneking raised $3.6 million in 4 months during an unregistered public offering which Enneking falsely claimed at the time was SEC regulated. 



Sunday, September 2, 2018

Tesla Investigation

Sallah Astarita & Cox is reviewing comments by Elon Musk and SEC filings by Tesla for possible securities fraud claims.

If you have information relative to these issues, or believe you have been the victim of securities fraud call Sallah Astarita & Cox at 212.509.6544.