Judge affirms verdict in investor fraud case involving Musk and Twitter.
TL;DR: US District Judge Charles Breyer rejected Elon Musk’s request to overturn a March 2026 jury verdict that found he defrauded Twitter investors during his 2022 acquisition, while upholding the verdict related to his 13 May bot tweet and granting a limited point on a 17 May tweet. Investors estimate damages could be as high as $2.6 billion, and the judge also awarded prejudgment interest.
A federal judge has declined to reverse a jury's determination that Elon Musk deceived Twitter investors during his $44 billion acquisition of the platform in 2022. US District Judge Charles Breyer dismissed Musk’s motion to overturn the verdict largely on Monday.
In March, a jury in San Francisco concluded that two of Musk's tweets from May 2022 regarding the deal and Twitter's spam bot counts were materially false or misleading. The investors argue that the resulting losses could total up to $2.6 billion.
“Buyer’s remorse is not a valid excuse under securities laws,” Breyer stated, emphasizing that the laws fundamentally concern trust. The judge found strong evidence that Musk’s tweet on 13 May, which claimed the deal was on hold pending bot data, was factually incorrect.
Breyer referenced testimony from one of Musk's bankers, who indicated that the tweet came as a surprise and confirmed that Musk had never actually put the deal on hold. The jury could deduce that Musk had a motive to abandon the deal, using bots as an excuse, the judge noted.
However, Breyer did give Musk a slight victory, agreeing that there was insufficient evidence proving that a different tweet on 17 May caused investors to suffer a market loss. Musk's legal team did not respond immediately to requests for comment.
The bot pretext, four years later
This case dates back to Musk's tumultuous attempt to acquire Twitter, where he initially agreed to purchase the company but later tried to back out, citing issues with spam accounts. Twitter responded with a lawsuit to enforce the agreement, and Musk ultimately completed the deal at a price of $54.20 per share before rebranding the platform as X.
Investors filed a lawsuit in October 2022, claiming Musk intentionally devalued the stock to renegotiate or exit the deal. The jury concurred that he misled the market, yet rejected the broader allegation of him orchestrating a deliberate scheme.
Breyer also rejected Musk’s more flamboyant claims, including that jurors mocked him by writing “$4.20” in blue ink on the verdict form. The judge pointed out that this number references cannabis and noted the jury had cleared Musk on two accusations.
Another legal challenge for a busy defendant
This ruling adds to the mounting legal issues facing Musk, who recently reached a settlement in a separate SEC case concerning his late disclosure of an initial Twitter stake for $1.5 million. His “funding secured” saga with Tesla first attracted SEC fraud allegations back in 2018.
He is also engaged in a high-stakes trial against Sam Altman regarding OpenAI, all while managing the newly public SpaceX. The tweets that have contributed to his public persona continue to result in legal expenses.
The prejudgment interest, which Breyer permitted, could further inflate the final amount. For a man currently valued at over a trillion dollars, this figure is manageable, but the verdict that he defrauded investors is more challenging to dismiss.
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Judge affirms verdict in investor fraud case involving Musk and Twitter.
A federal judge dismissed Elon Musk's attempt to overturn the verdict that he deceived Twitter investors in 2022, keeping the potential damages of up to $2.6 billion at stake.
