(Reuters) - Citron Capital founder and short seller Andrew Left has asked a judge to dismiss the lawsuit by the U.S. Securities and Exchange Commission that has accused him of making millions of dollars by misleading investors with his social media comments.
Left's lawyer, James Spertus, in a court filing argued that the SEC's case "fails to state a claim because it neither alleges a cognizable theory of fraud nor alleges sufficient facts to support the theory alleged".
The securities regulator and the U.S. Justice Department in July accused Left of manipulating the market and defrauding investors with misleading claims about his positions in multiple stocks, including Nvidia (NASDAQ:NVDA) and Tesla (NASDAQ:TSLA).
The federal authorities have said that Left used his social media platform and cable news appearances to promote what he said were his long or short trades, only to quickly reverse his positions, making as much as $20 million in the process.
The Federal judge in Los Angeles has set Left's trial for Sept. 30, 2025. Left was slated to go on a trial in September this year.
Left, who has pleaded not guilty, has for more than a decade been among the most prominent of a cohort of "short activists" who say they bet against public companies on the basis they are over-valued or engaging in outright fraud.
Left's lawyer Spertus and the U.S. SEC did not immediately respond to Reuters requests for comment.