SEC Case Study Assignment
In this assignment, you will analyze a real-world scenario involving the Securities and Exchange Commission (SEC) and its actions regarding charges of securities fraud against Elon Musk. Your task is to determine whether the SEC is exercising rule-making authority or discretionary authority in this case, and to answer questions about the role of the SEC, Congressional influence, and oversight in the bureaucracy. Use evidence from the provided scenario and your knowledge of U.S. government and politics.
Group 1
After reading the scenario above, answer the following questions. Use specific evidence from the scenario and your knowledge of the bureaucracy. Your responses should demonstrate an understanding of the difference between rule-making authority and discretionary authority.
Source 1.1
The Securities and Exchange Commission (SEC) today charged Elon Musk, CEO and Chairman of Silicon Valley-based Tesla Inc., with securities fraud for a series of false and misleading tweets about a potential transaction to take Tesla private.
On August 7, 2018, Musk tweeted to his 22 million Twitter followers that he could take Tesla private at $420 per share, that funding for the transaction had been secured, and that the only remaining uncertainty was a shareholder vote. The SEC’s complaint alleges that, in truth, Musk had not discussed specific deal terms with any potential financing partners, and he allegedly knew that the potential transaction was uncertain. . . . According to the SEC’s complaint, Musk’s tweets caused Tesla’s stock price to jump by over six percent on August 7, and led to significant market disruption.
"Corporate officers hold positions of trust in our markets and have important responsibilities to shareholders," said Steven Peikin, Co-Director of the SEC’s Enforcement Division. "An officer’s celebrity status or reputation as a technological innovator does not give license to take those responsibilities lightly."
"Taking care to provide truthful and accurate information is among a CEO’s most critical obligations," added Stephanie Avakian, Co-Director of the SEC’s Enforcement Division. "That standard applies with equal force when the communications are made via social media or another non-traditional form."
Source: SEC Press Release, "Elon Musk Charged With Securities Fraud for Misleading Tweets," September 27, 2018
Question 1a
Describe the role of the Securities and Exchange Commission (SEC) in the context of the scenario. What is the SEC responsible for, and how does it fulfill this responsibility in the case of Elon Musk?
Question 1b
Explain how Congress can affect how the SEC acts in the role described in part B. Provide at least one example of Congressional influence or oversight.
Question 1c
Suppose there is a vacant seat on the Securities and Exchange Commission and the issue in the scenario is still pending. In the context of the scenario, explain how the process of selecting a new commissioner illustrates oversight and accountability in the bureaucracy.
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