I’ll give the global/macro approach to the markets a rest today.  In today’s discussion, I’d like to talk about Elon Musk and Tesla.

In the first chart below we can see that there was a massive move lower; a gap down, followed by strong add-on selling.  What happened? Was Elon Musk smoking pot again on television? No, not this time. As it turns out, Mr. Musk turned down a settlement with the SEC because, as he believes, he’s the smartest guy in the room and can beat the government in a securities lawsuit.  Well… not so much!

According to CNBC: “Tesla CEO Elon Musk has been sued by the Securities and Exchange Commission for fraud, according to court documents filed Thursday. Sources close to the company told CNBC the company was also expecting to be sued, though Tesla was not named as a defendant in the complaint.

The SEC complaint alleges that Musk issued “false and misleading” statements and failed to properly notify regulators of material company events. The SEC held a press conference Thursday evening regarding the complaint.”

If that news wasn’t bad enough, the debt of the company may be worse. Its CDS rate ramped today because the default rate is now at 48%.  From ZeroHedge: Tesla currently has $11.5 billion in outstanding debt, of which European insurance giant Allianz is the biggest holder. At the end of February, $920 million in convertible debt matures with a convert price of $360. Tesla is currently trading 30% below that price, so it will come due as cash instead of equity for holders of those notes unless the stock somehow surges by $90 in the next 4 months.

Making matters worse for Tesla is that the company will now, with the SEC lawsuit in play, almost certainly require another cash infusion before it reaches profitability, and the new capital would be far harder to come and be more expensive after SEC lawsuit, especially if Musk is forced to step down.

Once the market opened, it balanced for a long time, but the selling pressure was too much. The next 5-minute charts how the sellers took over.

Although this will certainly prove to be a difficult short going forward, there is room for TSLA to drop to $180.00 per share… maybe lower.

about the author:

Dan O'Brien

Dan O’Brien has had a long, experienced career as a trader, a broker and an educator. He has a tremendous track record calling trading signals in the S&P 500 and major stock names. Dan has developed all the tools with his over 20+ years of experience in the business - top-notch technical acumen, an in-depth understanding of market fundamentals, a disciplined approach to trading and a patient style of teaching.

Read Similar Articles

September 20, 2026

The Week Ahead: RISING PRICES

RISING PRICES The Dow, S&P 500, Nasdaq 100, and Russell 2000 all struggled this week, despite a Thursday rebound and an extremely muted triple witching expiration on Friday. Investors digested a Federal Reserve rate hike, a higher 10-year Treasury yield, renewed Iran-related energy risk, and fresh uncertainty around the AI investment cycle.  Geopolitics remains a major […]

Read Article
https://www.prospertrading.com/scott-bauer-ikbr-091626/The Fed Rate Hike: What Investors Should Know
September 18, 2026

The Fed Rate Hike: What Investors Should Know

Scott Bauer joins the IBKR Podcast to break down what matters most after the Fed’s latest hike, from Warsh’s tone to housing data and the October hike probability.

Read Article
September 13, 2026

The Week Ahead: NEVER FORGET

Markets shifted decisively during the week from an AI capex earnings-driven backdrop to a more macro-driven and uneven tape. Rates, inflation, petroleum, and Federal Reserve expectations moved back to center stage, with all major equity indexes under pressure. The biggest market driver was the renewed surge in crude oil. Heading into what is likely to […]

Read Article

Read Similar Articles

July 15, 2026

The Fed, Oil, and What Earnings Season Really Means

Scott Bauer joined the IBKR Podcast this week to break down what moved markets last week and what investors need to watch heading into the next stretch of earnings season. From lagging inflation data to big tech CapEx concerns, Scott did not hold back.

Read Article
July 5, 2026

The Week Ahead: Happy 250

The Dow rose more than ​1% to a record closing high on Thursday ahead of the long holiday weekend as a softer-than-expected U.S. ‌jobs report eased worries about interest rate hikes, while another sharp drop in chipmaker stocks weighed on the Nasdaq. The second half of 2026 kicked off this week much the same as […]

Read Article
June 28, 2026

The Week Ahead: Darn Inflation

A renewed sell-off in technology stocks grabbed headlines this week. The Nasdaq index fell 4.5%, closing lower 5 days in a row, led by a large 5.5% decline in the so-called Magnificent 7 mega cap names. Meanwhile, the post IPO exuberance around SpaceX appears to be fading, with shares now down 25% from their peak. […]

Read Article