Aug 28 (Reuters) - Billionaire Elon Musk filed a motion
on Thursday to dismiss the U.S. Securities and Exchange
Commission's (SEC) civil lawsuit that accused him of waiting too
long in 2022 to reveal his large stake in social media platform
Twitter, later renamed as X.
In a complaint filed in Washington, D.C. federal court in
January, the SEC said Musk violated federal securities law by
waiting 11 days too long to disclose his initial purchase of 5%
of Twitter's common shares. It sought to force Musk to pay a
civil fine and give up profits that the SEC said were a result
of the violations.
Lawyers for Musk said on Thursday the billionaire stopped
purchasing additional shares of then-publicly-listed Twitter and
filed his disclosure one business day after his wealth manager
consulted securities disclosure counsel about potential filing
requirements.
An SEC rule requires investors to disclose within 10
calendar days when they cross a 5% ownership threshold, which
would have been by March 24, 2022 in Musk's case.
The SEC said that at the expense of unsuspecting investors,
Musk instead bought more than $500 million of Twitter shares at
artificially low prices before finally revealing his purchases
on April 4, 2022, by which time he owned a 9.2% stake.
The SEC sued Musk on January 14, six days before Republican
President Donald Trump took office and made Musk a special
adviser to slash the federal workforce and spending.
Musk faced a deadline to respond to the court by Friday.
Musk's lawyers said the case should have not been brought
and the billionaire did not mean any harm. They said the SEC's
action against Musk "reveals an agency targeting an individual
for his protected criticism of government overreach."
"The SEC does not allege that Mr. Musk acted intentionally,
deliberately, willfully, or even recklessly... Rather, the SEC
alleges that Mr. Musk late-filed a single beneficial ownership
form three years ago, and fully corrected any alleged error
immediately upon its discovery. There is no ongoing violation,"
the Tesla and SpaceX CEO's lawyers said.
The SEC did not respond to a request for comment outside
regular business hours.
Musk has long feuded with the SEC, including after it sued
him in 2018 over his Twitter posts about possibly taking Tesla
private and having secured funding to do so.