Elon Musk is facing a challenging scenario in his bid to challenge the US Securities and Exchange Commission (SEC).
On October 5, the SEC announced legal action aimed at forcing Musk to comply with a subpoena and provide testimony regarding his acquisition of Twitter (now X). Musk received that subpoena in May and tried to evade the order. Just days before a hearing in September that he did not attend, he filed an objection.
While it is unclear whether Musk plans to resist the SEC’s demands, experts have now suggested that a legal challenge is unlikely to succeed.
Stephen Crimmins, a partner at Davis Wright Tremaine, told Reuters:
“This case differs from previous efforts between the SEC and Elon Musk because it is a subpoena case. These cases are really cut and dry…The law provides that the SEC has the authority to take investigative testimony and collect documents.”
Other lawyers also commented on the case. Howard Fischer of Moses & Singer noted that the SEC only needs to show that the subpoena is part of its legitimate efforts to obtain testimony to compel Musk to testify. Meanwhile, Mukasey’s Frenchman Robert Frenchman opined: “I don’t think that’s likely [that Musk] wins this battle.”
Lawyers also told Reuters that Musk will likely be fined until he agrees to testify, although in extreme circumstances he could face jail time.
Each of the above commenters has past experience with related matters. Crimmins and Fischer both previously served as SEC attorneys, while the Frenchman has defended clients in cases brought by the securities agency.
Musk’s case is of interest to the crypto community
The SEC’s current and previous lawsuits against Musk do not involve cryptocurrency. However, the current case should be of interest to the crypto community as it has recently urged resistance to the securities agency’s regulatory overreach.
Musk himself has now called for an overhaul of the SEC, joining others who have challenged the agency, including House Republican Tom Emmer and one of the SEC’s own commissioners, Hester Peirce. Several crypto companies, including Coinbase, Ripple, and Grayscale, have also recently fought the SEC.
Tangentially, Musk is facing a class action lawsuit regarding his promotion of Dogecoin (DOGE). Although the SEC did not bring this case, it alleges in part that securities fraud occurred.
The report that Elon Musk is facing an SEC subpoena first appeared on CryptoSlate, according to experts.
