The Securities and Change Fee (SEC) has filed an software in search of an order directing Elon Musk to adjust to an investigative subpoena calling for his look for testimony, with which Musk did not comply.
If an individual or entity refuses to adjust to a subpoena issued by SEC enforcement workers pursuant to a proper order of investigation, the Fee could file a subpoena enforcement motion in federal district courtroom in search of an order compelling compliance.
In keeping with the SEC workers’s submitting within the U.S. District Court docket for the Northern District of California, the testimony subpoena to Musk pertains to an ongoing investigation by the SEC relating to, amongst different issues, potential violations of varied provisions of the federal securities legal guidelines in reference to (a) Musk’s 2022 purchases of Twitter, Inc. inventory, and (b) Musk’s 2022 statements and SEC filings referring to Twitter.
In keeping with the submitting, the SEC seeks Musk’s testimony to acquire data not already within the SEC’s possession that’s related to its professional and lawful investigation.
The SEC alleges that Musk failed to look for testimony as required by the investigative subpoena served by the SEC, regardless of: (1) agreeing to look for testimony on a mutually agreed upon date in September 2023; (2) having been served with a subpoena in Could 2023 requiring his look for testimony within the SEC’s San Francisco Regional Workplace on that mutually agreed upon date; and (3) elevating no objection to the subpoena from Could 2023 till two days earlier than his scheduled testimony date in September 2023, when Musk notified the SEC that he wouldn’t seem.
In keeping with the submitting, Musk tried to justify his refusal to adjust to the subpoena by elevating, for the primary time, a number of spurious objections.
The SEC workers’s software seeks an order from the courtroom directing Musk to adjust to the subpoena.
The applying is topic to the courtroom’s ruling. The SEC workers is constant its fact-finding investigation and, thus far, has not concluded that any particular person or entity has violated the federal securities legal guidelines.