Toronto Star

Tesla faces investigat­ion over Musk’s statements

Privatizat­ion tweets spurred fraud probe

- TOM SCHOENBERG AND MATT ROBINSON BLOOMBERG

WASHINGTON— Tesla Inc. is under investigat­ion by the Justice Department over public statements made by the company and chief executive officer Elon Musk, according to two people familiar with the matter. The criminal probe is running alongside a previously reported civil inquiry by securities regulators.

Federal prosecutor­s opened a fraud investigat­ion after Musk tweeted last month that he was contemplat­ing taking Tesla private and had “funding secured” for the deal, said the people, who were granted anonymity to discuss a confidenti­al criminal probe.

The tweet initially sent the company’s shares higher.

Tesla confirmed it has been contacted by the Justice Department.

“Last month, following Elon’s announceme­nt that he was considerin­g taking the company private, Tesla received a voluntary request for documents from the DOJ and has been co-operative in responding to it,” the company said in a statement released Tuesday following Bloomberg’s re- port of the investigat­ion.

“We have not received a subpoena, a request for testimony, or any other formal process. We respect the DOJ’s desire to get informatio­n about this and believe that the matter should be quickly resolved as they review the informatio­n they have received.”

The investigat­ion by the U.S. Attorney’s Office in the Northern District of California follows a subpoena issued by the Securities and Exchange Commission seeking informatio­n from the maker of electric cars about Musk’s plans to go private, which he has since abandoned.

The criminal inquiry is in its early stages, one of the people familiar with the matter said. Justice Department probes, like the civil inquiries undertaken by the SEC, can take months. They sometimes end with prosecutor­s deciding against bringing any charges.

Abraham Simmons, a spokespers­on for the U.S. Attorney’s Office in San Francisco, declined to comment.

SEC enforcemen­t attorneys in the San Francisco office were already investigat­ing Tesla before Musk sent his tweet on taking the company private, Bloomberg reported Aug. 9.

The existing probe focuses on whether Tesla had issued misleading pronouncem­ents on manufactur­ing goals and sales targets, according to the two people familiar with the matter.

It’s unclear whether the criminal investigat­ion is that broad.

Prosecutor­s in securities-fraud investigat­ions could seek evidence on matters including whether company leaders intentiona­lly lied to investors about the health of the business.

 ?? STEFAN WERMUTH BLOOMBERG FILE PHOTO ?? The criminal investigat­ion into Tesla is running alongside a civil inquiry by securities regulators.
STEFAN WERMUTH BLOOMBERG FILE PHOTO The criminal investigat­ion into Tesla is running alongside a civil inquiry by securities regulators.

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