The SEC said in a filing in federal court in San Francisco that Musk failed to appear for testimony on 15  September despite an investigative subpoena served by the SEC to which he raised no objections at the time it was served.

According to the agency's filing, Musk abruptly notified the SEC staff that he would not appear two days before his scheduled testimony.

“Musk attempted to justify his refusal to comply with the subpoena by raising, for the first time, several spurious objections, including an objection to San Francisco as an appropriate testimony location.”

We guess he did not think Musk's washing his hair was a good excuse.

In an email, Musk’s attorney, Alex Spiro, said that the “SEC has already taken Musk’s testimony multiple times in this misguided investigation — enough is enough.”

The SEC said it has been conducting a fact-finding investigation involving the period before Musk’s takeover last year when Twitter was still a publicly traded company. The agency said it has not concluded that anyone has violated federal securities laws.

After Musk signed a deal to acquire Twitter in April 2022, he tried to back out of it, leading the company to sue him and force him to continue.

The SEC said it authorised an investigation into whether any securities laws were broken concerning Musk’s purchases of Twitter stock and his statements and SEC filings related to the company.

A lawsuit filed that same month by Twitter shareholders in New York alleged that the billionaire illegally delayed disclosing his stake in the social media company so he could buy more shares at lower prices.

That complaint brought by a pension fund for Oklahoma firefighters centres on whether Musk violated an SEC regulatory deadline to reveal he had accumulated a stake of at least five per cent. The delay, the lawsuit alleges, hurt less wealthy investors who sold shares in the company in the nearly two weeks before Musk acknowledged holding a significant stake.

US District Judge Andrew Carter last week rejected Musk’s attempt to have the case dismissed, expressing doubt about suggestions that “Musk was somehow ‘too busy’ to comply with SEC disclosure rules about his ownership stake in Twitter, while simultaneously buying millions of shares of stock of Twitter, tweeting about the state of Twitter as a social media platform, and meeting with several Twitter executives and insiders.”

Carter, however, did dismiss part of the lawsuit, alleging the actions amounted to insider trading.

The SEC’s Thursday court filing doesn’t detail the specifics of its investigation but says that the agency is responsible for protecting investors and has broad authority to conduct investigations and that Musk has no basis to refuse to comply.

The SEC said Musk objected to testifying in San Francisco because he doesn’t live there, so the commission said it offered to do it at any of its 11 offices, including one in Fort Worth, Texas, closer to where Musk lives. The SEC said on 24 September, Musk’s lawyers responded that Musk would not appear for testimony in any location.