Elon Musk was depicted Wednesday as either a liar who callously jeopardized the savings of B次元官网网址渞egular peopleB次元官网网址� or a well-intentioned visionary as attorneys delivered opening statements at a trial focused on a Tesla buyout that never happened.
Lawyers on opposing sides drew the starkly different portraits of Musk for a nine-person jury that will hear the three-week trial. The case is focused on two August 2018 tweets that the billionaire posted on
The tweets indicated that Musk had lined up the financing to take Tesla private at a time when the automakerB次元官网网址檚 stock was slumping amid production problems.
The prospect of a $72 billion buyout fueled a rally in the companyB次元官网网址檚 stock price that abruptly ended a week later after it became apparent that he did not have the funding to pull off the deal after all. Tesla shareholders then sued him, saying that Tesla shares would not have swung so widely in value if he had not dangled the idea of buying the company for $420 per share.
Nicholas Porritt, a lawyer representing Glen Littleton and other Tesla shareholders in the class-action case, promptly vilified Musk as he addressed jurors.
B次元官网网址淲hy are we here?B次元官网网址� Porritt asked. B次元官网网址淲e are here because Elon Musk, chairman and chief executive of Tesla, lied. His lies caused regular people like Glen Littleton to lose millions and millions of dollars.B次元官网网址� He also asserted that MuskB次元官网网址檚 tweet also hurt pension funds and other organizations that owned Tesla stock at the time.
MuskB次元官网网址檚 lawyer, Alex Spiro, countered that the run-up in TeslaB次元官网网址檚 stock after the tweet mostly reflected investorsB次元官网网址� belief in MuskB次元官网网址檚 ability to pull off stunning feats, including building the worldB次元官网网址檚 largest electric automaker while also running SpaceX, a maker of rocket ships.
B次元官网网址淢r. Musk tries to do things that have never been done before. Everyone knows that,B次元官网网址� Spiro told the jury.
Spiro added that Musk had been in advanced talks with representatives from Saudi ArabiaB次元官网网址檚 Public Investment Fund to take Tesla private.
B次元官网网址淗e didnB次元官网网址檛 plan to tweet this,B次元官网网址� Spiro said of MuskB次元官网网址檚 at the heart of the trial. B次元官网网址淚t was a split-second decisionB次元官网网址� aimed at being as transparent as possible about the discussions with the Saudi fund about a potential deal.
After saying B次元官网网址渇unding securedB次元官网网址� for the buyout, Musk followed up that suggested a deal was imminent.
Littleton, a 71-year-old investor from Kansas City, Missouri, was the first witness called to the stand. He said MuskB次元官网网址檚 claim about the financing alarmed him because he had purchased Tesla investments designed to reward him for his belief that the automakerB次元官网网址檚 stock would eventually be worth far more than the $420.
He said he sold most of his holdings to cut his losses but still saw the value of his Tesla portfolio plunge by 75%.
B次元官网网址淭he damage was done,B次元官网网址� Littleton lamented. B次元官网网址淚 was in a state of shock.B次元官网网址�
LittletonB次元官网网址檚 frustration escalated in October 2018, when he lashed out at Tesla for late deliveries on vehicles for some of his nieces and nephews. That led him to become a lead investor in the lawsuit.
B次元官网网址淚 still believe in Tesla to this day. I do,B次元官网网址� Littleton said.
During cross-examination, a lawyer for TeslaB次元官网网址檚 board of directors repeatedly questioned whether Littleton had legitimate reason to believe a buyout was inevitable, but the investor remained steadfast even while seeming confused at times.
B次元官网网址淏次元官网网址橣unding securedB次元官网网址� was the only thing that mattered to me,B次元官网网址� Littleton testified. B次元官网网址淭hat was such a defining statement.B次元官网网址�
MuskB次元官网网址檚 2018 tweets attracted the attention of securities regulators, who concluded that they were improper and that he was lying. , they forced him to pay $40 million and required him to step down as Tesla chairman.
U.S. District Judge Edward Chen, who is presiding over the trial, ruled that the shareholdersB次元官网网址� lawyers canB次元官网网址檛 mention that settlement in the case.
But Chen has already ruled that MuskB次元官网网址檚 tweet , a finding that can be alluded to during the trial without specifically mentioning the determination made by the judge. Pollitt seized on that opportunity during his opening statement, informing jurors that they are to assume MuskB次元官网网址檚 tweet was false, as the judge allowed. Spiro shook his head as he listened.
The trialB次元官网网址檚 outcome may turn on the juryB次元官网网址檚 interpretation of MuskB次元官网网址檚 motive for the tweets. And Musk will have his chance to make his case to the jury.
After the trial adjourned Wednesday, Porritt told The Associated Press he hopes to call Musk to the stand when the proceedings resume Friday after two other witnesses testify. If the allotted time runs out Friday, Musk will likely testify Monday, Porritt said.
MuskB次元官网网址檚 leadership of Twitter B次元官网网址� where he has and alienated users and B次元官网网址� has proven unpopular among TeslaB次元官网网址檚 current stockholders, who are worried that he has been devoting less time to automaker at a time of intensifying competition.
Those concerns contributed to a 65% percent decline in TeslaB次元官网网址檚 stock last year that wiped out more than $700 billion in shareholder wealth B次元官网网址� far more than the $14 billion swing that occurred between the companyB次元官网网址檚 high and low stock prices from Aug. 7 to Aug. 17, 2018, the period covered in the lawsuit.
TeslaB次元官网网址檚 stock has split twice since then, making the $420 price cited in his 2018 tweet worth $28 on adjusted basis now. The shares closed Wednesday at $128.78, down from the companyB次元官网网址檚 November 2021 split-adjusted peak of $414.50.
After Musk dropped the idea of a Tesla buyout, the company overcame a production problem, resulting in a rapid upturn in car sales that caused its stock to soar and made Musk the worldB次元官网网址檚 richest person until he bought Twitter. Musk dropped from the top spot on the wealth list after a stock market backlash to his handling of Twitter.
Michael Liedtke, The Associated Press
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