On Friday, Tesla CEO Elon Musk petitioned a US Judge to toss out a $258 billion lawsuit by investors which accused the tech magnate of attempting to inflate the value of the cryptocurrency Dogecoin through a pyramid scheme.
Musk’s lawyers referred to the lawsuit in a filing in Manhattan federal court, as a “fanciful work of fiction” which blew out of proportion Musk’s “innocuous and often silly” tweets about the dog-themed cryptocurrency.
The lawyers maintained that plaintiffs never explained how Musk intended to defraud anyone, nor did they explain the financial risks they alleged he concealed. Furthermore, they stated that his statements, such as “Dogecoin Rulz” and “no highs, no lows, only Doge” were not specific enough to support a fraud claim.
Musk’s lawyers said, “There is nothing unlawful about tweeting words of support for, or funny pictures about, a legitimate cryptocurrency that continues to hold a market cap of nearly $10 billion… This court should put a stop to plaintiffs’ fantasy and dismiss the complaint.”
The lawyers also denied in a footnote the allegation by the plaintiffs that Dogecoin qualified as a security.
In an email, the lawyer for the plaintiffs said, “We are more confident than ever that our case will be successful.”
The lawsuit alleges that Musk, one of the richest people in the world, deliberately drove up the price of Dogecoin artificially 36,000% over two years, and then allowed it to crash. They noted this scheme allowed other investors to make billions of dollars of profits at the expense of other Dogecoin investors, even as Musk knew the currency lacked any intrinsic value.
The plaintiffs also called attention to the appearance by Musk on a “Weekend Update” segment of NBC’s “Saturday Night Live” which involved him portraying a fictitious investing expert who referred to Dogecoin as a “hustle.”
The plaintiffs are seeking $258 billion, which is three times the estimated drop in the market value of Dogecoin over the 13 months prior to the filing of the lawsuit.
The other defendant in the lawsuit is the Dogecoin Foundation, a nonprofit. It is also seeking a dismissal of the lawsuit.
Musk has endured several lawsuits over his activity on Twitter. On February 3rd, a jury in San Francisco found he bore no liability over a tweet in August of 2018 which claimed he had arranged the financing to take Tesla private.
The current case is Johnson et al v. Musk et al, U.S. District Court, Southern District of New York, No. 22-05037.