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Angry shareholders accused Elon Musk of using Tesla and SpaceX to bail out his cousins' solar company for $2.6 billion

Elon Musk
SpaceX and Tesla CEO Elon Musk. Mike Blake/Reuters
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Angry Tesla shareholders have filed a lawsuit against the company over its acquisition of the solar-panel company SolarCity in 2016.

The opening brief for the lawsuit, unsealed on Monday, was filed in 2016 and had been available but heavily redacted, CNBC reported. The eight listed plaintiffs, mostly pension funds, gained class-action status in April.

They allege that Tesla acquired SolarCity — which was founded by Musk's cousins, Lyndon and Peter Rive — at an inflated price.

Read more: Tesla is now facing its most dangerous adversary yet, and it could be proof that buying SolarCity was a huge blunder

The suit claims that SolarCity was by 2015 barreling toward a "major liquidity crisis" and that Musk used SpaceX to buy a total of $255 million worth of SolarCity bonds from March 2015 to March 2016.

"These bond purchases violated SpaceX's own internal policy, and SolarCity was the only public company in which SpaceX made any investments," the suit says.

The suit further alleges that after Musk met Lyndon Rive at a family vacation at Lake Tahoe in 2016, Musk convened an "emergency meeting" of Tesla's board and told his chief financial officer at the time, Jason Wheeler, to pitch acquiring SolarCity.

Lyndon Rive.JPG
SolarCity cofounder and former CEO Lyndon Rive.  REUTERS/Rashid Umar Abbasi

The lawsuit claims that immediately after the acquisition closed at roughly $2.6 billion, SolarCity's auditors declared the company insolvent.

Musk isn't the only Tesla executive named in the suit — it alleges that the intertwining of Tesla, SpaceX, and SolarCity led to conflicts of fiduciary interest for Tesla's board of directors, which includes Musk's brother, Kimbal.

SpaceX was not immediately available for comment. A Tesla representative told Business Insider: "These allegations are based on the claims of plaintiff's lawyers looking for a payday, and are not representative of our shareholders who support our mission and ultimately voted in favor of the acquisition.

"The accusations made in the plaintiff's brief are false and misleading, as Tesla and SolarCity published all material information in its proxy and other public filings for all shareholders to consider before deciding on the transaction."

The unsealed filings come at an awkward moment for Tesla, which is being sued by Walmart over its solar-panel business; Walmart says the panels caught fire at seven stores.

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Isobel (she/her) was a senior tech reporter at Business Insider. She was particularly interested in Big Tech, privacy, and worker's rights. You can read some of her previous work here: The quest to find $181 million in bitcoin buried in a dump Exclusive: Amazon targeted military spouses in a pandemic recruitment drive. 2 of them say they ended up being paid 33% less than non-military coworkers. Exclusive: Amazon plans a pay cut of up to 23% for hourly workers who guide trucks in and out of its UK delivery stations Exclusive: Tesla's solar division asks employees to scour social media for complaints about both the company and Elon Musk, trying to get customers to delete their posts, former employees say A couple says their Tesla Solar panels caused relentless leaks that led to mold 10 times the healthy limit, $115,000 in damages, and a long-running legal battle Ghosted by Tesla: Customers say Tesla's ultrasleek, expensive Solar Roofs and panels come with nightmare customer service, often leaving them with unanswered calls and emails for months on end Amazon workers leading a historic push for unionization in Alabama describe midnight 'education' meetings, an unexpected mailbox, and streams of anti-union flyers as they go up against one of the world's most powerful companies 'It's a slap in the face': Amazon is handing out 'Thank you' t-shirts to warehouse workers as it cuts their hazard pay Investigation: Amazon warehouse employees speak out about the 'brutal' reality of working during the holidays, when 60-hour weeks are mandatory and ambulance calls are common The science behind Elon Musk's brain-chip company Neuralink Investigation: Instagram's new TV service recommended videos of potential child abuse