On September 10, 2023, Musk responded to animal welfare concerns at Neuralink through a post on his social media platform X. he wrote:
“No monkeys have died as a result of Neuralink implants. First, for the initial implants, we chose terminally ill monkeys to minimize the risk to healthy monkeys.[k]Yes (already close to death)[.]”
But Musk knows this statement is false. Health records of the monkeys show that several of the animals suffered physical trauma and were used in experiments at the University of California, Davis, but there is no evidence that they were “near death,” as Musk said. . Rhesus macaques often live up to about 25 years of age in captivity, with some individuals living up to 40 years of age. However, the average age of the 12 monkeys euthanized by Neuralink was 7.25 years at the time they were transferred to the company’s experimental protocol.
The animal’s death and the reason for its death are directly related to the safety and marketability of Neuralink’s brain-computer interface. Because it is important that the company provides factually accurate information to investors, we are concerned that Mr. Musk may have violated his SEC Rule §240.10b-5.
It shall be unlawful for any person to use, directly or indirectly, any means or means of interstate commerce, the mail, or the facilities of a national stock exchange.[t]o In connection with any purchase or sale, make any false statement of material fact or omit to state any material fact that is necessary to avoid misleading in light of the circumstances in which the statement was made; of security.
In a 2018 complaint against Musk for posting misleading messages on the platform then known as Twitter, the SEC cited Musk’s 22 million followers and highlighted the scope of his social media accounts. “His tweets were instantly available to those people and publicly available” to anyone with access to the Internet. ”
Musk’s online reach has grown significantly since 2018. He currently has 162.9 million X followers, the most of any account on the platform, and his September 10 post has already been viewed more than 788,000 times.
According to the August 2023 Form D notification, the company claims to have raised $280,274,981 in investments, with the minimum investment amount accepted from outside investors being $14,995. Given the size of these investments and Mr. Musk’s history of misleading investors, the SEC will investigate whether Mr. Musk’s September 10, 2023 post violates SEC Rule 240.10b-5. This is very important.
Thank you for considering this request.
