If you don't like $TSLA being in your various index funds, isn't it relatively trivial to concoct a short position that offsets your net shares owned?

All the indexes publish what the index is comprised of, I bet if you told ${AI} all your positions it would go figure out what your net $TSLA position is.

I think $TSLA valuation is insane, but I've seen what happens to people who short it...

The criminal complaint posted above alleges that he was not truthful, which presumably a 'reputable' activist short selling firm would be. The other difference I suppose would be buying positions with horizons longer than 1 week, so that you are exposed to the actual fundamental performance of the company instead of just the immediate reaction to your publicity.

> To maximize the impact of Citron’s commentary on the price of a Targeted Security, defendant LEFT bolstered Citron’s credibility through false and misleading statements about its research staff, process, independence, external investors, and economic incentives.

Welcome to the new ownership, same as the old ownership. 10 for the big guy, Clinton Foundation etc.

A pump and dump has to be false, misleading or deceptive. This is not the case here.

Edit: I have now read some of the complaint. This is just sec fraud, which is consistent with what the article is claiming. "The opposite of insider trading" ie trading in the direction of the advice you're giving.

Gov says the statements were material, false, with intent. If they can't prove false to the level of being a material statement they will lose.

Edit2: This comes right up to the line, whether it's material to have false/non-statements about your intentions. There's another case that will come up if you research this about whether intentions are material.