TC Profile picture
Jul 22, 2019 12 tweets 4 min read
1/ I have read and reread the SOX whistleblower complaint by Karl Hansen. I believe there is an explosive accusation embedded in that document that is being widely overlooked. If this accusation is true, it should spell HUGE trouble for $TSLA and Elon. Let's review. $TSLAQ
2/ First, here is the link to the complaint, with a thanks to @MikeFlo46795160 for publishing it yesterday. Important disclosure: I'm not an attorney. I do, however, have extensive corporate experience and training on SOX related issues. $TSLAQ

drive.google.com/file/d/0B6bZ_p…
3/ Forget Mexican drug cartels and employee theft. THIS is where things get interesting to me. Two days after the infamous funding secured tweet, Hansen files a whistleblower complaint with the SEC. $TSLAQ
4/ But Hansen ain't no fool. He does something very few whistleblowers have the courage and/or smarts to do. He formally informs $TSLA management that he has filed his complaint. $TSLAQ
5/ Why does this matter? Sarbanes-Oxley establishes substantial protections for whistleblowers and mandates that corporate officers create internal systems of controls to ensure whistleblowers are both encouraged to come forward and protected if they do. $TSLAQ
6/ Specifically, the audit committee must ensure systems are in place to both encourage and protect whistleblowers. Hansen focused his SEC whistleblower complaint on the inappropriate accounting arising from his investigations of alleged internal crimes. Again, very smart. $TSLAQ
7/ Once an employee has identified themselves as a whistleblower, things change substantially. At most normal companies, this would trigger significant management attention and careful adherence to legal obligations. Why? If you don't, you can end up in jail. For 10 years. $TSLAQ
8/ Let's go back to the juicy stuff. The DAY AFTER $TSLA is informed by Hansen that he filed a SOX whistleblower complaint, he is angrily confronted by Elon. Allegedly, Elon makes what a reasonable person could construe as a threat.
9/ According to his complaint, Hansen is subsequently punished by $TSLA. If true, this is clear cut retaliation. A textbook violation of Section 1107. $TSLAQ
10/ Let's be very clear about something. IT IS ABSOLUTELY INSANE for an officer of a publicly traded company to confront a confirmed SOX whistleblower. It is a COMPLETE BREAKDOWN of internal controls. It can't happen. Utterly nuts. $TSLAQ
11/ But not just any officer. We are talking about the CEO OF THE COMPANY personally confronting a whistleblower, and then apparently efforts were made to overtly and directly retaliate. This is absolutely bonkers. My jaw dropped when I read this part of the complaint. $TSLAQ
12/ Will anything happen to Elon and $TSLA? Who knows? He has certainly been above the law thus far. But Hansen laid a perfect trap, and Elon walked right in it. Trade carefully. $TSLAQ

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More from @TESLAcharts

Aug 16, 2021
1/ I certainly hope the NHTSA's new investigation is a turning point, my skepticism comes from a long history.

Consider: Joshua Brown was decapitated while using Autopilot in early May of 2016. Tesla raised equity a few weeks later without disclosing this fact. $TSLAQ
2/ Goldman Sachs led that raise - having magically upgraded Tesla that very morning. The SEC opened an investigation into both Tesla and Goldman on the entire affair. The NHTSA dutifully opened an investigation into the Brown crash.
3/ The SEC quietly issued a no-action letter long after the controversy settled down. The NHTSA did one better: they effectively exonerated Tesla and claimed data showed Autopilot was 40% safer than a human driver.
Read 9 tweets
Aug 10, 2021
1/ A thread on the SolarCity trial transcripts. Due to the tireless work of @PlainSite, ten volumes worth of testimony are freely available to the public on his website. Having read them, I can confirm the outstanding in-person reporting of @Teslaq_snark. $TSLAQ
2/ I wrote a thread two weeks ago with some preliminary thoughts. Take a few minutes to read it if you missed it. At its core, SolarCity was a financing company wrapped in a stock promotion scheme. I won’t repeat the key aspects of that thread here.

3/ After reading the entire case, I have little doubt SolarCity would have filed for bankruptcy absent the bailout orchestrated by Elon using Tesla’s equity as currency. SolarCity’s bankruptcy would have been the end of Elon’s empire. When cornered, he cheated, and it worked.
Read 29 tweets
Aug 8, 2021
1/ Some thoughts on the cost of labor, vaccine status, etc. But before I do, this isn’t a thread about vaccines pro or con, whether people should get them, or whether the government has the power to force it, etc. I and my entire family chose to be fully vaccinated. You do you.
2/ There’s a shortage of labor in the country. There’s pressure on wages. There’s also a large number of adults who won’t ever get a vaccine, for whatever reason. Doesn’t really matter. It’s undeniable that they exist and it’s a sizable number.
3/ There’s also a proportion of the population who don’t yet have access to a vaccine, although one would presume the subset of people who actually want a vaccine and haven’t yet received their jabs shrinks with each passing day.
Read 7 tweets
Jul 28, 2021
1/ As I work my way through the SolarCity transcripts, I think it is pretty clear what happened here and why. Some thoughts. $TSLAQ
2/ At its core, SolarCity wasn't really a solar company. It was a financing company wrapped in an aggressive stock promote. The heart of the business was sourcing and installing solar in exchange for power purchase agreements (PPAs) and tax credits which could be securitized.
3/ When I say SolarCity wasn't really a solar company, what I mean is they didn't make solar panels or solar inverters. They sourced these things from the market and acted as a financing intermediary with and installer for (mostly) residential customers.
Read 18 tweets
Jul 27, 2021
1/ Please read these four pages of testimony from Kimbal Musk, which I will post in order.

$TSLAQ Image
2/ Image
3/ Image
Read 4 tweets
May 19, 2021
🚨🚨🚽

1/ Project Drano™️ Update

Minimal inflows despite huge up day, weaker funds seeing nonstop outflows

$ARKK $ARKG $ARKK $ARKQ $ARKW
2/ Overnight numbers
3/ It has been more than a month since $ARKF saw any inflows
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