An open letter to the U.S. Congress

Open Martin Act Investigation into Elon Musk for Securities Fraud

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I am writing to urge your office to open a Martin Act investigation into Elon Musk for securities fraud. The documented evidence of repeated false statements in connection with securities trading on New York exchanges provides clear grounds for prosecution under state law. The Martin Act requires no proof of intent for misdemeanors, only that someone made a false statement or omitted a material fact in connection with securities. The evidence is substantial. On August 7, 2018, Musk tweeted to 22 million followers that he was taking Tesla private at $420 with "funding secured." The SEC complaint established he had not secured funding, having attended only one 30 to 45 minute meeting with Saudi Arabia's sovereign wealth fund covering none of the basics. Musk later admitted under oath he estimated the deal's likelihood at roughly 50 percent. Tesla's stock rose over 6 percent that day. On December 17, 2025, California Administrative Law Judge Juliet Cox found Tesla's marketing of Full Self-Driving technology constituted deceptive practices, calling Tesla's claims "actually, unambiguously false and counterfactual." Musk repeatedly promised autonomous driving capabilities on timelines that never materialized, including one million robotaxis by 2020 and unsupervised Full Self-Driving in Texas and California by 2025. When 2025 arrived, Tesla operated only a limited pilot program with human safety monitors. In March 2022, Musk violated federal disclosure requirements by filing eleven days late after acquiring more than 5 percent of Twitter. During those eleven days, he purchased over $500 million worth of additional stock while the price remained suppressed. The SEC calculated his delayed disclosure allowed him to underpay by at least $150 million. A federal judge denied Musk's motion to dismiss the SEC's suit on February 3, 2026. Jurisdiction is clear. Tesla trades on NASDAQ, headquartered in New York. Any public statement by Musk that moves prices on these exchanges constitutes a securities transaction in New York, satisfying Martin Act requirements. The Martin Act requires no federal cooperation, no proof of reliance or damages, and presidential pardons cannot reach state convictions. I urge you to exercise your authority to issue subpoenas, compel testimony, and bring criminal charges based on documented securities fraud.

▶ Created on February 7 by States ask for townhalls

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