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Elon Musk and the SEC defend a 'compromise settlement' over Twitter purchases

Elon Musk, the U.S. The Securities and Exchange Commission (SEC) defended its?settlement regarding Elon Musk's purchase of Twitter shares by saying that it reflected compromises and wasn't tainted with collusion after the judge over the case stated the accord raised "red-flags."

Musk described the settlement as a fair, reasonable and adequate resolution in which "each party gave up something and gained something," according a filing made Monday night at the Washington, D.C. federal court.

The SEC said in a separate filing that Musk could publicly deny the accusations. This reflects a recent policy change governing defendants who resolve enforcement actions. A trust registered in Musk's name will be required to pay a civil penalty of $1.5 million to settle SEC allegations that the world's richest person took 11 too many days to disclose his Twitter share purchases in March and April 2020, which allowed him to buy shares at low prices before investors caught on. Musk claimed that the delay had been an accident. Musk paid $44 billion in October 2022 for Twitter and renamed the company X. His businesses include Tesla and SpaceX. U.S. district judge Sparkle Sooknanan stated at a hearing on May 13 that she couldn't "rubber-stamp" the settlement. She questioned why the SEC had fined the trust and not Musk, and was only able to recover 1% of Musk's $150 million in alleged ill gotten gains.

She said that she would also consider whether or not the settlement was in the public's interest and if it had been tainted with collusion or corrupt practices.

SEC SAYS SETTLEMENT BENEFITS PUBLIC

Musk and SEC both said that the settlement was not the result of "improper collusion" and was the result of negotiations conducted at arms' length.

The SEC said that the $1.5m penalty was the highest of its kind, surpassing the $950,000 previous high. And settling with the Trust mirrored recent practices by the regulator. The SEC stated that the public would benefit from the injunction, which has the effect of binding Musk when he uses the Revocable Trust as an investment vehicle to manage his wealth.

Musk said that he would have won a trial over the issue of whether an SEC with a political agenda?singled out him for enforcement? and targeted his right to free speech.

He compared the fine to the $500,000 penalty that was imposed on billionaire Carl Icahn in 2024 for "far worse" conduct. Carl Icahn waited more than three year to disclose he had pledged a large majority of his Icahn Enterprises stock to obtain personal margin loans worth billions of dollar. Icahn Enterprises paid a separate $1.5 million penalty.

Musk stated that "accepting a certain civil penalty, which is immediate and unprecedented, in exchange for the release of a legal doubtful claim, is a paradigmatic bilateral compromis." Musk was a former adviser for Republican President Donald Trump. The SEC filed a lawsuit against Musk six days before Democratic president?Joe Biden departed the White House. Paul Atkins, SEC chair, has refocused priorities as the Trump administration reduces corporate enforcement. Margaret Ryan, the former SEC enforcement head who left abruptly after only six months in March due to clashes over enforcement with SEC leadership. Reporting by Jonathan Stempel, New York; editing by Stephen Coates and Chizu nomiyama

(source: Reuters)