Tesla Plaintiff Calls Musk's Latest Blog Post a 'Confession'
*By Hope King*
Elon Musk’s latest blog post did nothing but strengthen Will Chamberlain’s position that the Tesla CEO’s tweets from last week were fraudulent.
“It was almost a confession that he committed securities fraud,” Chamberlain told Cheddar on Monday.
Chamberlain is a plaintiff in a class-action suit against Tesla and Musk. The suit was [filed Friday afternoon](https://cheddar.com/videos/class-action-lawsuit-filed-against-tesla-after-elon-musks-tweet) in the U.S. District Court for the Northern District of California and claims that Tesla and its CEO violated the Securities Exchange Act of 1934 by making allegedly false and misleading statements to defraud Tesla investors. Reed Katherein, the attorney for Chamberlain, agreed that Musk’s blog post read almost as a confession.
“It’s pretty clear that funding was not secured and that he did not have a reasonable basis for saying funding was secured,” Kathrein said.
In his [post](https://www.tesla.com/blog/update-taking-tesla-private), Musk said the Saudi sovereign wealth fund had "approached me multiple times about taking Tesla private," and that the Saudi's interest in the company gave him the confidence to announce last week that he had "secured" the necessary financing to take the company private. "Obviously, the Saudi sovereign fund has more than enough capital needed to execute on such a transaction," Musk said.
Musk has come under increasing pressure to prove that a tweet [he posted last Tuesday](https://cheddar.com/videos/what-tesla-looks-like-as-a-private-vs-public-company) announcing the CEO’s intention to take the company private at $420 a share was based on some kind of firm commitment from outside investors.
The tweet included very specific language that is the target of an SEC inquiry and two [class-action](https://cheddar.com/videos/class-action-lawsuit-filed-against-tesla-after-elon-musks-tweet) lawsuits: “Funding secured.”
In his post, Musk said that he had met with Saudi investors on July 31 of this year. "I left the July 31st meeting with no question that a deal with the Saudi sovereign fund could be closed, and that it was just a matter of getting the process moving," he wrote. "This is why I referred to 'funding secured' in the August 7th announcement."
Kathrein, who says he has not been contacted by the company ー nor by Musk ー believes the tweet was intended to drive short sellers like his client to cover their positions.
“To me, he is playing with fire,” said Kathrein, a partner at the law firm Hagens Berman. “That does not justify putting out this tweet that says funding is secured.”
Musk’s contentious relationship with short sellers is both well-documented and publicized. One recent example [took place in June](https://twitter.com/elonmusk/status/1008450201885872129) when he tweeted to his 22 million followers that short sellers have “about three weeks before their short position explodes.”
Chamberlain, who said his short position is made up of about 80 percent common stock short and 20 percent puts, reduced his position as a result of the tweet.
In an interview with Cheddar on Sunday, Chamberlain ー a lawyer who previously practiced with the Competitive Enterprise Institute’s Center for Class Action Fairness ー said he covered his position because he had to take the tweet seriously.
Musk is the "CEO of a publicly traded company," he said. "I have to hedge against the risk that he has not committed securities fraud. That seems like a reasonable thing to do."
For more on this story, [click here](https://cheddar.com/videos/did-elon-musks-tweet-break-the-law).
A new report from CNBC says Instagram recently reached a new milestone -- 2 billion monthly active users. It comes amid a year of controversy for the photo-sharing app and its parent company, Meta. SocialFlow CEO Jim Anderson joins Cheddar News' Closing Bell to discuss.
MotorTrend named the Rivian R1T as the 2022 truck of the year - a prestigious title given by the publication as a way for automakers to tout third-party validation. Rivian beat out traditional, legacy truck favorites like Ford and General Motors.
MotorTrend said the company earned high marks for safety, efficiency, value, advanced design, engineering excellence, and performance of intended function. MotorTend head of editorial Ed Loh joins Cheddar News' Closing Bell to discuss.
There is a new way for investors to bet on cannabis - the AdvisorShares Poseidon Dynamic Cannabis ETF targets about 20 of the biggest names in U.S. cannabis. It comes at a time when it's still difficult for investors to access the space. Cheddar News cannabis reporter Chloe Aiello spoke with co-founder and managing director for Poseidon Investment Management, Emily Paxhia.
Danvas is a new company that aims to bring NFTs and digital artwork into the real world through an interactive, museum-quality display. The company says its product is the first premium, luxury digital art canvas, which it hopes will accelerate the world's appreciation of digital artists and their work, and empower collectors to acquire more NFT art. Danvas also just announced its launch this week, with a $7 million seed round from some big-name backers. Danvas co-founder and CEO Jeanne Anderson joins Cheddar News' Closing Bell to discuss.
The California-based tech company specializing in enterprise cloud-based data analysis of connected internet of things (IoT) has gone public on the NYSE, and Samsara's CFO Dominic Phillips told Cheddar's Kristen Scholer that the timing was right for the public offering for the firm's next phase of growth. "We're going to continue to add to our go-to-market motion, we'll continue to build out our international presence, we'll continue to add more selling capacity specifically as we look to penetrate larger enterprise customers, and we'll look to continue to deploy money in R&D," he said.
If you’ve ever struggled with a slow home internet connection or mobile data download in the United States, you’re not alone. Despite mobile and internet companies claiming to have “the best nationwide coverage,” or whatever it is they say in those ads, millions of Americans still lack access to reliable, high-speed internet. But you may be surprised to learn who the real culprit behind this ongoing issue is: flawed, overly-optimistic government maps.
VR/AR collaboration platform Spatial is diving head first into the Metaverse. The company is switching up its image--now branding itself as 'the metaverse for cultural events,' aiming to become the new virtual hub for NFT galleries, brand experiences, and large-scale conferences. Jacob Loewenstein, Head of Business, Spatial, joined Cheddar's Opening Bell to discuss the company's pivot.
The past year has been huge for delivery services as people largely stayed home during the pandemic. Getir, an Istanbul-based company delivering goods in just 10 minutes, is officially launching in NYC. It comes as the company continues its international expansion. Nazim Salur, Founder, Getir, joined Cheddar's Opening Bell to discuss the opportunities in the new market.
Another successful spaceflight is in the books for Jeff Bezos' Blue Origin. The company's third human spaceflight blasted off from Van Horn, TX. on Saturday, lasting about ten minutes from takeoff to landing. The crew, which included former NFL star and current GMA host Michael Strahan, traveled to the edge of space and experienced a few minutes of weightlessness before the capsule descended back to earth. Andrew Chanin, CEO of ProcureAM, joined Cheddar's Opening Bell to discuss the significance of the launch.
After nearly two years of the pandemic, U.S. consumers are ready to spend big this holiday season. However, shoppers may be faced with limited inventory as the U.S. continues to face shortages of key products and extended order backlogs. Per Hong, partner at consulting firm Kearney, joined Cheddar's Opening Bell to discuss the country's path forward.
