KillingMyCareer Profile picture
Sep 18, 2018 25 tweets 10 min read Twitter logo Read on Twitter
Alright, let's do this again:
SEC = Civil
If SEC finds criminal activity they kick to
DOJ = Civil + Criminal
By the time DOJ subpoenas are served civil is known.
Goal of civil is to get enough information to indict on criminal through a grand jury.
$TSLA #Tesla
By the time DOJ subpoenas are served the target(s) of the criminal investigation have already had their trash dug-through by FBI agents for months.
$TSLA #Tesla
By the time DOJ subpoenas are served in criminal investigations most former employers of significance have been interviewed in exchange for immunity. As part of their immunity deal they MUST cooperate with the feds which includes in some cases wearing a wire.
$TSLA #Tesla
By the time DOJ subpoenas are served in criminal investigations employees who have immunity will have turned over any hard-drives, emails, text-messages, marketing collateral, or data that will aid in bringing criminal charges.
$TSLA #Tesla
DOJ will NOT talk to any current $TSLA employees until they've talked to all who have left the company first.
#Tesla employees will be offered company paid for attorneys when questioned.
Current employees should pull together and HIRE YOUR own attorney NOT A company attorney.
It's likely FBI has already removed computers, hard-drives, etc. from $TSLA executive's homes over the weekend. You'd be amazed at what corrupt CEOs leave around their houses on hand written notes. In the $JNJ #Acclarent case FBI had CEO's conference call notes.
Companies pathologically breaking the law often FORGET they're breaking the law. $JNJ #Acclarent CEO William Facteau told FDA the study they suggested was unethical using a medical device ON LABEL. Facteau FORGOT he was committing fraud WHILE talking w FDA. $TSLA #Tesla
Anyone who has immunity must be willing to testify before a grand jury & at the criminal trial of executives.
$TSLA #Tesla
DOJ will ask people involved in the grand jury NOT to speak about it with anyone but it's my understanding that it's not illegal to discuss. It could however harm the investigation.
I'm happy to answer questions about my experience and understanding of DOJ investigations from a whistleblower perspective. Disclaimer: not as an attorney or as legal advice.
$TSLA #Tesla
DOJ cases are both civil and criminal.
If there's a whistleblower in the case, settlements ONLY come from DOJ civil damages/fines. Even if there are criminal fines, the whistleblower receives from civil side only. $TSLA #Tesla
This is why DOJ often settles with companies putting more fines on the civil side and goes after the executives on the criminal side. Companies don't like saying they settled criminal damages. (Perception is they're guilty but NOT if they *just* pay civil-eye roll)
$TSLA #Tesla
Not known if there's a $TSLA whistleblower underseal, but it's possible. The whistleblower's job is to get enough information on the civil side to help DOJ make their criminal case. #Tesla
ONCE the DOJ criminal subpoena is served, it's usually a sign it's too late for others to come forward as federal whistleblowers.
#FirstToFile whistleblower means a person with knowledge filed a complaint underseal & will remain anonymous until after the full investigation $TSLA
This person(s) has been working with DOJ & FBI along w other appropriate federal agencies underseal (anonymously) helping the government make their case against a company & executives. This is the information used for DOJ to secure a subpoena.
$TSLA #Tesla
Warning: AFTER the DOJ subpoena is served, if there are attorneys pitching their services & encouraging people to come forward & file to get whistleblower 'money,' it's usually about the ATTORNEY trying to make MONEY.
Cooperating for immunity is STILL an option.
$TSLA #Tesla
Attorneys that pitch w/o disclosing whistleblower cases filed AFTER subpoena DOJ might get tossed are unethical.
Ex: AFTER 'heavy lifting' done in my $JNJ case, AFTER the federal subpoena was served, THREE other people filed whistleblower claims. They were tossed.
$TSLA #Tesla
DOJ subpoena was served, panic & paranoia sets in for the company. Executives now start to think about every conversation they've had where illegal activity was discussed.
Protip: Don't erase anything. FBI will find it, that's extra federal charges $TSLA #Tesla
FBI handler in $JNJ #Acclarent whistleblower case explained that a Pfizer (if memory serves) executive was probably going to skate on the criminal charges UNTIL he backdated an email. FBI found it, THAT'S what put him in prison.
$TSLA #Tesla
What media is STILL missing about DOJ criminal $TSLA #Tesla subpoena is the 420 AND #fundingsecured tweets are secondary to:
-faulty batteries being reused (criminal)
-false projections + hypergrowth = overvaluation (criminal)
-injuries & deaths linked to criminal activity
What DOJ does NOT say is MORE important than what is said or leaked to the public.
This criminal $TSLA #Tesla investigation, like ALL DOJ investigations, is years from ending, NOT months.
Collecting evidence to build a criminal case can't be rushed from Trump to Musk.
#FraudFormula is what DOJ criminal $TSLA #Tesla investigation is interested in proving.
DOJ criminal investigation has likely looked into the Tesla owned and operated message boards as possible market manipulation. Elon Musk's Boring Company was caught unethical astroturfing. $TSLA $TSLAQ
DOJ federal subpoena was served on the company not individuals $TSLA #Telsa
DOJ knows WHO the targets of the criminal are but they do not disclose that information to the company. (Although easily suspected)

Media is STILL asking the wrong questions:
This helps explain subpoenas are served on the company in initial DOJ investigation; and, as part of the subpoena, warrants are issued to collect additional data at executives homes etc.
$TSLA #Tesla

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More from @MelaynaLokosky

Sep 27, 2018
United States Securities and Exchange Commission v. Elon Musk
NOTE: Tesla $TSLA is NOT name in the SEC civil lawsuit.
Expect the Board to remove Musk
#TheSociopathicBusinessModel #FraudFormula…
"...false and misleading statements made by Elon Musk..."
"...during trading hours, Musk tweeted to his 22 million followers..."
The #Tesla $TSLA board flipped on Musk to avoid prosecution by SEC
#TheSociopathicBusinessModel #FraudFormula #ForcedAccountability
"...not knowing..."
Musk will try and use this to shift blame without taking accountability. It will NOT work his time.
#TheSociopathicBusinessModel #FraudFormula #ForcedAccountability
Read 39 tweets

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