Intent is not required for regulatory violations. Moreover, the text of 10b-5 does not require any specific intent, only that the false statement or omission be made in connection with the transaction of a regulated security.

> John Reed Stark, a former longtime lawyer at the S.E.C. who specialized in investigating internet fraud cases, said that commenting online about the prospects of taking the company private was inadvisable at best. But he said that a case of market manipulation would come down to Mr. Musk’s intent.

> “These are very difficult cases to prove,” said Mr. Stark, who runs a cybersecurity consulting business.

https://www.nytimes.com/2018/08/13/business/dealbook/tesla-e...

That is a seperate crime which he may also be guilty of.

Thanks.