Wired:

On September 10, 2023, Mr. Musk responded to animal welfare concerns at Neuralink via a post on the social media platform X, which he also owns. He wrote:

“No monkey has died as a result of a Neuralink implant. First our early implants, to minimize risk to healthy monkeys, we chose terminal mon[k]eys (close to death already)[.]”

Yet Mr. Musk knows this statement is false. Monkey health records show that, while several animals had suffered physical trauma and been used previously in experiments at UC Davis, there is no evidence that they were “close to death,” as Mr. Musk stated. Rhesus macaques often live to about 25 years in captivity, with some living to 40. But the average age of the 12 monkeys euthanized by Neuralink was 7.25 years when they were moved to the company’s experimental protocol.

The animals’ deaths and the reasons for their deaths relate directly to the safety and marketability of Neuralink’s brain-computer interface. It is critical that the company provide investors with factually accurate information, and thus we are concerned that Mr. Musk may have violated SEC Rule § 240.10b-5:

It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange…[t]o make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading…in connection with the purchase or sale of any security.

In its 2018 complaint against Mr. Musk for posting misleading messages on the platform then known as Twitter, the SEC referenced his 22 million followers, emphasizing the reach of his social media account: “His tweets were published instantaneously to those people and were also publicly available to anyone with Internet access.”

Mr. Musk’s online reach has grown significantly since 2018. Today, he has 162.9 million followers
on X, the most of any account on the platform, and his September 10 post has already received more than 788,000 views.

The company claims to have raised $280,274,981 in investments, with a minimum investment accepted from any outside investor of $14,995, according to its August 2023 Form D notice. Given the scale of these investments and Mr. Musk’s history of misleading investors, it is crucial that the SEC investigate whether Mr. Musk’s September 10, 2023 post violated SEC Rule § 240.10b-5.

Thank you for considering this request.

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MuskWire TLDR:

On September 10, 2023, Elon Musk, the owner of the social media platform X and CEO of Neuralink, responded to animal welfare concerns at Neuralink through a post on X. In his post, he claimed that no monkey had died as a result of a Neuralink implant and stated that they had chosen terminal monkeys to minimize risk. However, it has been revealed that Mr. Musk’s statement is false. Monkey health records indicate that the monkeys used in the experiments at UC Davis were not close to death as he stated. Rhesus macaques typically live for about 25 years in captivity, with some reaching 40 years of age. The average age of the 12 monkeys euthanized by Neuralink was 7.25 years when they were moved to the company’s experimental protocol.

The deaths of these animals and the reasons behind them are directly related to the safety and marketability of Neuralink’s brain-computer interface. It is crucial for the company to provide investors with accurate information. This raises concerns that Mr. Musk may have violated SEC Rule § 240.10b-5, which prohibits making untrue statements or omitting material facts when connected to the purchase or sale of any security.

In 2018, the SEC filed a complaint against Mr. Musk for posting misleading messages on Twitter, emphasizing the reach of his social media account and the potential impact of his tweets. Since then, Mr. Musk’s online reach has significantly grown, with 162.9 million followers on X, making it the most followed account on the platform. His September 10 post has already garnered over 788,000 views.

Neuralink claims to have raised $280,274,981 in investments, with a minimum outside investment of $14,995, according to its August 2023 Form D notice. Considering the scale of these investments and Mr. Musk’s history of misleading investors, it is crucial for the SEC to investigate whether his September 10 post violated SEC Rule § 240.10b-5.

This request highlights the importance of providing an informative summary without duplicating the original text.