The allegations in a court filing did not disclose the contents of the alleged leak, the name of the staff member who is alleged to have leaked the information or where it was reported. Most of the reporting on Musk’s battles with the agency for the last week have been based on court filings that are part of the public record.
But this latest missive from Musk’s lawyers disclosed that it has sent a letter to the agency’s Inspector General requesting an investigation of the agency’s conduct in its probes of Tesla and Musk. Musk’s attorneys demanded SEC staff “preserve their records and devices.”
The SEC declined to comment on this latest letter from Musk and his lawyers.
On Friday the agency, which serves as a watchdog for investors, responded with its own letter to the judge claiming it had done nothing improper. That prompted the latest response from Musk’s lawyer Monday.
A controversial agreement
Musk’s lawyers letters last week and again on Monday complained about the fact that the SEC had not distributed those funds to Tesla shareholders. The SEC in its Friday letter said the distribution was a complex matter and that it expected it would have a final distribution plan ready for court approval by the end of March.
An active investigation
Musk hasn’t been shy about tweeting since the 2018 consent decree was reached and it is not clear exactly how much outside supervision his tweets get at Tesla, despite the settlement.
What is clear is that the SEC has continued to monitor his activity, and isn’t happy about everything it sees.
The company also disclosed in its filng that the SEC issued a subpoena to Tesla in December seeking “certain financial data and contracts including Tesla’s regular financial arrangements.” But Tesla said that the agency later notified the company that investigation had concluded.
In its Friday response to Musk’s earlier letter the agency said it had “not issued any subpoenas in this litigation,” suggesting that the subpoenas disclosed by Tesla had been part of new investigations by the agency.
Musk’s Monday letter called this claim by the SEC “disingenuous at best.”