Finance

Shocking Split in SEC Vote: Only One Commissioner Opposes Lawsuit Against Elon Musk

2025-03-24

Author: Ling

A recent report has revealed a surprising detail regarding the lawsuit filed by the U.S. Securities and Exchange Commission (SEC) against billionaire entrepreneur Elon Musk.

Just days before President Trump's inauguration, the SEC held a crucial vote on whether to proceed with legal action against Musk, who had failed to timely disclose his significant stake in Twitter. The results of that vote were 4-1, with current SEC Chairman Gary Gensler's notable dissenting vote being the only opposition.

According to sources cited by Reuters, the vote consisted of three Democratic commissioners siding with Republican Hester Peirce in favor of pursuing legal action against Musk, while Republican Mark Uyeda expressed his dissent.

Uyeda, who later became the acting SEC chairman under Trump's administration, has stirred controversy by requesting SEC enforcement staff to publicly declare that their case against Musk was not politically motivated—an uncommon request that was ultimately rejected.

The SEC's lawsuit stems from Musk's acquisition of a 9% stake in Twitter in early 2022, where he reportedly violated federal securities laws by failing to disclose his ownership within the mandated ten-day period. The SEC alleges that this delay allowed Musk to purchase shares at artificially low prices, resulting in an underpayment of at least $150 million.

As of now, the SEC's legal action is proceeding, with Musk recently receiving a summons that grants him 21 days to respond.

There's significant speculation about how enforcement priorities will shift under the Trump administration, particularly as Trump's nominee to replace Gensler, Paul Atkins, awaits Senate confirmation.

Furthermore, a recent executive order issued by former President Trump has broad implications for independent agencies, including the SEC and the FTC.

This order has sparked conversations about the potential politicization of federal enforcement actions against businesses like Musk's, continuing a narrative Musk has used to accuse the SEC of "harassment."

With the landscape of federal regulatory actions on the verge of change, all eyes are on Musk's response and how the new SEC leadership will navigate the evolving dynamics of securities enforcement.

Will this lawsuit be the tipping point for regulatory reform, or will it merely serve as another chapter in Musk's contentious history with federal regulators? Stay tuned for updates as this story unfolds!