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Musk to testify at trial over his $50 bn Tesla compensation

Photo: Hoy Dinero

| By AFP | Juliette Michel |

Tesla tycoon Elon Musk will take the stand on Wednesday as part of a trial over his $50 billion pay package as CEO of the electric car giant.

Musk will testify in the same Delaware court where he faced a lawsuit by Twitter to make sure he went through with his buyout of the social platform.

The $44 billion purchase of Twitter has put Musk under a deluge of scrutiny after he conducted massive layoffs, scared advertisers and opened the platform to fake accounts.

The unrelated Tesla case is based on a complaint by shareholder Richard Tornetta, who accused Musk and the company’s board of directors of failing in their duties when they authorized the pay plan.

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Tornetta alleges that Musk dictated his terms to directors who were not sufficiently independent from their star CEO to object to a package worth around $51 billion at recent share prices.

The Tesla shareholder accuses Musk of “unjustified enrichment” and asked for the annulment of a pay program that helped make the entrepreneur the richest man in the world.

According to a legal filing, Musk earned the equivalent of $52.4 billion in Tesla stock options over four and a half years after virtually all of the company’s targets were met. 

When the plan was adopted it was valued at a total of $56 billion.

The non-jury trial began Monday with testimony from Ira Ehrenpreis, head of the compensation committee on Tesla’s board of directors, who said the targets set were “extraordinarily ambitious and difficult”.

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Ehrenpreis argued that the board wanted to spur Musk to focus on Tesla at a time when the company was still struggling to gain traction.

‘Highly unusual’

The trial will run through Friday and is being presided over by Judge Kathaleen McCormick, the same judge who was to preside over the Twitter case.

There is no deadline for her decision which could take months.

It’s “highly unusual” for this kind of case to be brought to trial, Jill Fisch, Law professor at the University of Pennsylvania, told AFP.

“There aren’t all that many successful challenges to executive compensation (as) the courts have typically treated this as a business decision,” she added.

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But the court found in this case that Musk’s ownership of about 22 percent of Tesla and his role as CEO “could have an undue impact” on the board and other shareholders, she noted.

Musk canceled an in-person appearance on Sunday at an event on the sidelines of the G20 in Bali to be in court.

Asked why he had not traveled to the tropical Indonesian island, the new Twitter boss joked that his “workload has recently increased quite a lot” after his takeover of the social media giant.

International

Austrian man arrested in Croatia with deceased woman as passenger in his car

A 65-year-old Austrian citizen was arrested at a border checkpoint in Croatia after attempting to enter the country in his car with a deceased woman sitting as a passenger, police announced on Tuesday.

The man was detained in a routine check in late November in Gunja, a border area separating Bosnia from Croatia, the police told AFP. Suspicious because they saw “no consciousness or movement” from the passenger, Croatian officers called a doctor, who confirmed the death of the 83-year-old woman, also Austrian, according to her identification.

The woman’s relationship to the suspect is unknown. She had died in Bosnia, and the man intended to repatriate her body to Austria to “avoid the formalities related to transporting a corpse,” according to the police. Croatian media reported that the man was her legal guardian.

Once her death was confirmed, a funeral service took charge of the body.

 

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International

Colombian nationals arrested for human trafficking and disappearance of migrant boat

 

Colombian authorities arrested two nationals accused of the illegal trafficking of migrants to the United States and of endangering lives due to the disappearance of a boat with 40 people aboard, U.S. Department of Justice officials reported on Tuesday.

Hernando Manuel de la Cruz Rivera Orjuela, 52, and Luis Enrique Linero Pinto, 40, both Colombian citizens, were arrested on December 13 in Colombia at the request of the United States for their alleged involvement in a “transnational human trafficking operation,” the department said in a statement.

According to the charges, the detainees were transporting migrants to San Andrés Island in the Caribbean, where they would then be taken by boat to Nicaragua. The goal was to reach the United States through Central America and Mexico.

The accused are said to have advised the migrants on how to reach San Andrés Island, where they personally received them, arranged accommodations, and “took them to the boats that transported them to Nicaragua so they could enter the United States illegally,” the statement reads.

“These defendants put several migrants on the boat that disappeared off the coast of Nicaragua in 2023,” said Deputy Attorney General Nicole M. Argentieri, head of the U.S. Department of Justice’s Criminal Division, as cited in the statement.

Both men are “directly and personally responsible for the illicit trafficking of migrants on that vessel,” according to the indictment dated October 23.

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International

Homemade landmine explosion in Michoacán kills two soldiers, injures five

Two soldiers were killed and five others were injured by the explosion of homemade landmines planted by a criminal group in a mountainous area of the Mexican state of Michoacán (west), the Secretary of Defense reported on Tuesday.

The attack occurred on Monday morning in the municipality of Cotija, a border area between Michoacán and the state of Jalisco, when the military was conducting a reconnaissance mission after receiving information about an armed camp in the area, explained Secretary General Ricardo Trevilla.

“At that moment, an improvised explosive device detonated. Unfortunately, two soldiers lost their lives, and five others were injured,” the military leader detailed. The affected soldiers were airlifted to hospitals in the region by a military helicopter, while the rest of the team continued with the reconnaissance of the area.

Trevilla stated that before the explosion, the military unit had located the dismembered bodies of three people, and upon continuing the mission, they confirmed the camp was abandoned.

Asked about the individuals responsible for placing the explosives, the general suggested they could be criminals linked to the local group Cárteles Unidos, which operates in Michoacán and uses these tactics in their territorial dispute with the Jalisco New Generation Cartel, one of the most powerful criminal organizations in the country.

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