Elon Musk took the stand Friday in San Francisco in a trial where he is accused of fraud by investors for tweeting more than four years ago that he planned to take Tesla out of the stock market.
Dark suit, white shirt, he was sworn in at the start of the afternoon for a testimony which could continue on Monday.
The boss of Tesla – and Twitter, since the end of October – had created amazement on August 7, 2018 by saying that he wanted to withdraw his automotive group from the Stock Exchange at a price of 420 US dollars per share, then that the financing was “secured “.
“Elon Musk, [alors] CEO of Tesla, lied, and his lies have caused people to lose millions of dollars, ”said Nicholas Porritt, lawyer for the plaintiffs, investors gathered in a class action on Wednesday.
On August 10, 2018, they filed a complaint against the business executive for having “artificially manipulated the price of Tesla’s stock in order to completely ruin investors” who were betting on the price drop.
The tweet was written “hastily”, the choice of words was “reckless”, but “it’s not a fraud”, hammered for his part Alexander Spiro, the billionaire’s lawyer.
He assured Wednesday that Elon Musk had every intention of taking Tesla out of the stock market, and had no doubts about the financing, thanks to assurances from the Saudi sovereign wealth fund.
The operation was unsuccessful.
A “false and misleading” tweet
The billionaire’s proposal was “incomplete, inconsistent and illusory in some respects,” said Guhan Subramanian, a Harvard professor and specialist in this type of transaction, who was called to testify by the plaintiffs on Friday.
He pointed to the board’s lack of control over Elon Musk’s tweets, the “lack of consultation” with lawyers and bankers and the “one-sided announcement” on Twitter to demonstrate how the he Tesla boss’ approach diverged “extremely” from the usual process.
One of the complainants, Timothy Fries, said he invested in Tesla the day after the famous tweets.
For him, the message about “funding secured” meant that Elon Musk “had a partner who was committed and whose funds were approved”.
But the stock price fell in the following days. “I lost $5,000. I hope to recoup my losses,” Mr. Fries said.
Tesla’s stock jumped as high as $386.48 right after the tweets. By August 16, it was down to $335.45, according to the figures given to the jury on Tuesday by Judge Edward Chen, far from the $420 per share mentioned by Musk.
The trial is expected to last three weeks. In a previous decision related to this case, the judge considered that the famous tweet from 2018 could be considered “false and misleading”.