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Elon Musk Tweets About Tesla Sales, the SEC, and a Special Offer From SpaceX (marketwatch.com)

Tesla's model 3 is now one of the five top-selling sedans in America (while sales of the Mercedes-Benz C-Class are down 28 percent through September), Bloomberg reports. Elon Musk tweeted out a link to their article on Thursday -- but it was his other tweet, a satirical criticism of the SEC, that made headlines. MarketWatch reports: Tesla shares ended 7% lower on Friday as Wall Street reacted to Musk's tweet seemingly out of nowhere late Thursday about the "Shortseller Enrichment Commission." Musk also tweeted that day that short sellers were "value destroyers" and should be illegal. Friday's losses for Tesla "produced more than half a billion in paper profit for the shorts," S3 Partners LLC, which tracks real-time short interest data, said in a note. Since news of the Musk's settlement with the SEC, shorts are up $941 million, S3 Partners said. "Clearly short positions are building in the wake of strong selling by longs, as Musk demonstrates a refusal to keep away from controversy," the note said.
The article notes that last Saturday the SEC settled charges that Musk misled investors with a tweet about taking Tesla private. "Terms of the settlement included requiring Tesla to rein in Musk's social-media communications, but it was unclear when Tesla intends to implement that.... The settlement has yet to be court-approved."

On Friday Musk was back on point, tweeting out the news that Tesla owners "can refer someone to buy a Tesla & get any image they want laser etched in glass & sent to deep space for millions of years."

20 of 147 comments (clear)

  1. Jerk or genius? by Anonymous Coward · · Score: 2, Funny

    Itâ(TM)s a thin line.

    1. Re:Jerk or genius? by taiwanjohn · · Score: 4, Insightful

      Some of both, obviously, but more of the latter IMHO. The guy is under a lot of stress lately, and he's letting his inner demons spill out via Twitter occasionally, leading to some serious consequences for himself and his companies (and shareholders).

      Ironically, this is all happening just as Tesla is ramping up Model 3 production to break-even level, where they'll be able to start posting legitimate GAAP profits. If he can just contain his demons for a few more weeks, Tesla will be in a much better position, and the short-sellers will be less of a concern.

      --
      XML is like violence. If it doesn't solve your problem, you're not using enough of it. --AC
    2. Re:Jerk or genius? by alvinrod · · Score: 2

      Yeah, the way to get back at the short sellers isn't to sink to the same level of mudslinging and misinformation. The best way is to make the company successful. Musk might not get to drag their names through the mud, but he can take comfort knowing that he caused them to lose a lot of money, which those types of slimy weasels probably care much more about than their reputation anyways.

    3. Re:Jerk or genius? by hey! · · Score: 2

      Why not both?

      In other news, Musk is underwriting drinking water filtration for Flint Michigan schools and households with the highest contamination levels. That's pretty damn awesome, but calling that cave diver a pedophile is pretty damned scuzzy.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    4. Re:Jerk or genius? by theskipper · · Score: 2

      A few notes: There is reporting out a couple hours ago that a financing package is still being attempted: https://twitter.com/CGasparino... By the wording, it appears to be a DIP package but would be cautious assuming that (still think it's a few months though: https://slashdot.org/comments....).

      The Solar City bond payment of $230m is almost here as well as the massive March convert so something needs to be done as the Q3 numbers are almost certainly dismal. And any talk of senior refinancing will certainly cause some suppliers to go COD hindering production greatly.

      As far as its effects on the equity, it's clearly going to be just above worthless in any deal, but it could hang out in double-digits for a while. And don't forget that a drop below $200 will snowball Elon's pledged shares into margin-call territory. So be cautious about any sub-$100 puts that look oh-so-tasty, stick with the closer strikes.

      Lastly, Musk's attacks on shortsellers are simply scapegoating and desperation at this point. The amount of short shares available is plentiful and actually increased yesterday during the big drop. The downward pressure was clearly large long holders dumping. The blame for this company's failure is solely on his shoulders.

    5. Re:Jerk or genius? by Rei · · Score: 2

      "Bankers inundating Tesla" in no way means that Tesla is seeking it out. It says literally the exact opposite.

      $230M is nothing. March is half a year away.

      --
      "Close the door! What, were you born in a barn?" -- Police chief, "Jesus Christ Supercop"
    6. Re:Jerk or genius? by Rei · · Score: 2

      It really isn't. $230M it's an order of magnitude less than cash on hand. Tesla has some loans against assets (like almost all companies), but not 100%. Bringing up just accounts payable is silly, as if it's the only item on the balance sheet; Tesla's total assets are 27,9B and total liabilities are 22,6B. You have no clue what the current price on ZEV credits is. And yes, duh.

      And March is actually 11 weeks away

      Someone failed math.

      Tesla must have $800m in unencumbered cash by the end of Dec or be in violation of the covenants.

      1) Citation needed
      2) Free cash (not counting restricted cash) is $2,2B.

      --
      "Close the door! What, were you born in a barn?" -- Police chief, "Jesus Christ Supercop"
    7. Re:Jerk or genius? by theskipper · · Score: 2

      1) A/P is certainly a valid consideration when a company asks their vendors to refund cash. This request made by Tesla was a clear indicator of distress, not a negotiating tactic.

      2) Meeting the unrestricted cash on hand requirement (actually $920m+$400m=$1.32b) for the March converts occurs in approx 11 weeks (Jan 1).

      3) As requested, citation from the covenants document:
      https://mobile.twitter.com/Pau...

      4) As of mid-August that figure was $1.69B per the WSJ. But as you know Tesla does not break out customer deposits as that would reveal the amount of actual demand for their products. Coupled with the status of the ABL, it's unclear where they stand now.

      5) No, I don't know the current price of ZEV credits because they are negotiated. It's been widely reported that demand is down from other manufacturers. Citations are available via Google.

    8. Re: Jerk or genius? by michelcolman · · Score: 2

      If the shorts were just making an honest bet on the downfall of the company by selling shares and waiting for the price to drop, that wouldn't be so bad. They don't limit themselves to that, though. Plenty of inaccurate and downright made up stories have been spread to push share price down so the shorts can profit. Like the yellow lines story (factory is unsafe, has no yellow lines because Elon doesn't like the color yellow... quickly debunked with an actual picture of the factory floor full of yellow lines), or the story with lots of newly produced Model 3s in a parking lot supposedly showing there are not enough buyers (never mind the multi-hundred thousand waiting list). The constant stream of negativity does affect bond interest rates. Also, a lower share price means it's harder to raise capital since you have to issue more shares to get the same amount of cash. That means it does affect operations quite a bit.

      Of course not all the negative stories are false, and there's plenty of justified criticism about the performance of the company. But some of them are really completely disconnected from reality, and I understand it can be quite infuriating when you see the share price of your company go down based on what you know to be total bollocks spread by people who are just doing this for personal profit.

      Then again, he ought to know that tweeting about them is actually helping them right now.

    9. Re: Jerk or genius? by michelcolman · · Score: 2

      Whenever a bad rumor comes out, lots of people freak out and sell. I've seen many occasions where the stock dropped 5% or more based on a rumor that later turned out to be false. Sometimes it recovers the same day after the rumor is debunked. Lots of small investors together can have a big effect on the stock price.

      Also, I think you overestimate the intelligence of the big investment houses. Lehman Brothers comes to mind...

  2. He's losing it. by Anonymous Coward · · Score: 3, Insightful

    Of course, a lot of that threshold is crossed not that much by him but by the public perception, but the overall effects will be indistinguishable in the long run. I hope he manages to claw back on this. Because it would really be a pity if not.

  3. Tweets? Really? by PopeRatzo · · Score: 2, Insightful

    Now we gotta have news stories on the front page about ANOTHER jackoff's tweets? You know, for a group of nerds who are supposedly above the plebian social media, we sure do hear a lot about tweets around here.

    I thought this was a tech site and not just another outlet for billionaires' bullshit.

    --
    You are welcome on my lawn.
  4. There's another outstanding SEC investigation by fozzy1015 · · Score: 3, Insightful

    What people forget is that before the '420 tweet' investigation was announced, there was already an open investigation into Musk's Model 3 production promises. And don't forget the DoJ has an open investigation. If the issues with the feds were settled then why the rant and why now hire a law firm that specializes in defending its clients from fraud? https://www.bloomberg.com/news...

  5. Re:Don't speak unless spoken to. by Brett+Buck · · Score: 2

    The government was quite happy yo go to court, they *agreed* to this as part of a settlement. Said agreement is still under scrutiny by the court for being too lenient.

  6. He's delivering to a years-long waiting list by SlaveToTheGrind · · Score: 5, Insightful

    The Model 3 "sales" metric right now is actually how many he's able to produce to satisfy purchasing decisions people made a long time ago, not how many people went out and made a purchasing decision today.

    I don't see how the head-to-head comparison against current sales data of other cars could be meaningful without knowing whether the Model 3 waiting list is growing, shrinking, or staying about the same.

  7. Re:SHort sellers are never a concern. by Rei · · Score: 4, Informative

    People who short the stock of have absolutely no affect on a company' operations. None.

    Shorting inherently reduces the stock value. Hence, your argument is that the stock value has no effect on a company's operations. But this is obviously false; many things related to a company's ability to raise capital or obligations related to existing debt are tied to the company's stock price. Hence, shorting a stock inherently - on its own - hinders a company's finances.

    Beyond this, however, shorting a company creates a strong incentive toward spreading FUD against a company. Indeed, this is the entire means by which "activist short sellers" such as Jim Chanos and Andrew Left operate. Activist short sellers coordinate their short positions with a negative PR campaigns against their targets. These can range from the aboveboard, such as interviews, to the nefarious, such as paying off "independent" analysts to write negative reports (such as what Chanos got caught doing in his Fairfax campaign), to the amateur, like the regular astroturfing campaigns we get on the Tesla forums.

    When faced with an activist short campaign, companies have a few options. One is privatization. We saw how that went re: Tesla. The other is to decrease the company's dependence on outside capital, and thus decrease the significance of its stock price on the company's operations and to raise its credit score. While this is an effective strategy, it strongly hinders the company's growth rate. A company fighting off a short campaign in this manner has to heavily cut back on its least profitable activities and its investments in the future and instead focus only on its most profitable activities.

    As for the rest of your post:

    "Tesla is losing money": "Is" is a present tense verb. Meaning past Q3. We have not seen the Q3 report yet. The goal was to become sustainably profitable in Q3. We'll know in four weeks if it was a hit or a near miss.

    "is buried in debt beyond a healthy level": Tesla's debt-to-equity ratio is 60% that of Ford's. I know some people will argue that, "Well, with the traditional automakers you shouldn't count their financing divisions, as they're profit-makers!". But their financial divisions are an essential part of their operations. When comparing companies, you compare all of their components, not just the fractions you want to. And more to the point, the traditional automakers' debt is a lot more risky than Tesla's. Defaulting on auto loans is one of the first things that happens during a financial downturn.

    "Of course anyone pointing out those facts are called "trolls" or "shorts". Which he then bullies along with his cult following those people"": Irony alert: Sentence 1: Stop name calling! Sentence 2: Practice name calling!

    What he did to that analyst during that conference call: Which analyst? One asked a question that was literally answered right at the top of the Q1 report that everyone was supposed to have read before joining the call. Boldfaced. By re-asking Tesla about that, he was basically accusing them of lying. The other was pushing a conspiracy theory that Tesla's demand was running out. It's five months later and it still hasn't happened, so clearly it was a boneheaded question.

    " and to the blogger Montana Skeptic was just pure asshole.": Meh. Musk knew his boss. His boss was an early supporter and fan of Tesla.

    "And when you add in the fact that CFOs don't stay": Tesla's CFO has been with the company since 2008.

    "Also remember that Model S sales have tanked": They clearly have not, as per the delivery report. They increased over last quarter, and are well on their way to Tesla's max annual 100k S+X production capacity.

    "I have a sneaky suspicion that Q3 isn't going to be that good" - Please mortgage your house and short the company, since you both hate Tesla and love short selling.

    --
    "Close the door! What, were you born in a barn?" -- Police chief, "Jesus Christ Supercop"
  8. Re:Sales, what sort of sales by Rei · · Score: 2

    Both preorders and new orders, but only for a small subset: US and Canada only, LR, PUP, non-lease, no air suspension, no tow package. Tesla is preparing for both their European launch and production of a broader range of options shortly. Pre-orders have priority, but only for within their config and market.

    Sedans come before crossovers because they require less batteries for the same range. So long as you can sell as many as you can make, that's what you want first. Whenever you become demand limited, rather than supply limited, that's when you focus on crossovers.

    --
    "Close the door! What, were you born in a barn?" -- Police chief, "Jesus Christ Supercop"
  9. Re:SHort sellers are never a concern. by Rei · · Score: 2

    When you short a stock, you take a share that wasn't available for sale, and make it available for sale. You increase the supply on the market. The laws of supply and demand dictate a price drop. When you cover, you take a share that was available for sale and take it off the market. You decrease the supply on the market. This correspondingly dictates a price rise.

    --
    "Close the door! What, were you born in a barn?" -- Police chief, "Jesus Christ Supercop"
  10. Re:My bad... by Rei · · Score: 2

    Compare it to last year.

    26150 S+X Q3 last year vs. 27660 S+X Q3 this year, you mean? Not like it matters. Tesla has the battery supply to make about ~100k S+X per year. Doesn't matter what quarter they move them, that's their cap.

    Please mortgage your house and short the company, since you both hate Tesla and love short selling.

    Yep, gonna do that on Monday.

    Be sure not to cover before the Q3 report ;)

    That's complete bullshit

    Simple, readily cross-referencable facts are bullshit. Got it.

    why did Musk feel the need to apologize

    Did you see what the stock did after the Q1 call?
    Did you see what the stock did after the Q2 call?
    Would you apologize for billions of dollars?

    --
    "Close the door! What, were you born in a barn?" -- Police chief, "Jesus Christ Supercop"
  11. Re:Utterly wrong the three of you. by DrXym · · Score: 2
    Alt right hater? Are you mentally ill or something?

    And nope, shorting does not involve imaginary stock. A short itself is a contract to sell stock to somebody at a particular price on a particular date. It's basically an IOU to the person buying it. When that date arrives, stock is purchased from the open market and given to the buyer. The hope for the short trader is sell it for more in the contract than its worth on the open market on the date the short matures.