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SEC Probe Into Fisker’s Pre-Bankruptcy Conduct Reportedly Closed; Liquidation Case Continues

The SEC said its Fisker investigation concerned possible securities-law violations related to pre-bankruptcy activity. TechCrunch reported it closed in September 2025; the separate Chapter 11 case continued.
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No: the SEC’s investigation was not described as an investigation of Fisker’s liquidation plan. In an October 2024 bankruptcy filing, the agency said it was examining whether Fisker and others may have violated federal securities laws in connection with the company’s pre-bankruptcy activities. TechCrunch reported in February 2026, citing an SEC response to a FOIA request, that the investigation closed in September 2025. The bankruptcy case has continued separately.

What the SEC said it was investigating

In an objection filed on October 4, 2024, the U.S. Securities and Exchange Commission said: “The Commission is currently investigating whether the Debtors, and others, may have violated the federal securities laws in connection with Fisker’s prepetition activities.” The statement described a probe into possible conduct before the bankruptcy filing, not an inquiry into whether the liquidation plan itself was lawful or appropriate. Read the SEC’s October 4, 2024 objection.

The SEC also objected to provisions in the proposed plan. It raised concerns about a third-party release affecting shareholders and said the plan needed to preserve the Commission’s regulatory powers, including the preservation and production of corporate records. Those were positions advanced by the SEC in its court filing, not findings by the bankruptcy court that securities laws had been violated.

What happened to the investigation

On February 13, 2026, TechCrunch reported that the SEC investigation had closed in September 2025, citing the agency’s response to a FOIA request. The report does not state what findings the SEC reached or why it closed the matter. It also does not establish whether the investigation led to an enforcement action. Read TechCrunch’s report on the reported closure.

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TechCrunch reported that the SEC FOIA office identified approximately 21.7 gigabytes of electronically maintained records in response to the request. That figure describes records identified by the office; it does not indicate the strength of evidence, the extent of any wrongdoing, or the outcome of the investigation.

The liquidation plan was a separate bankruptcy proceeding

The bankruptcy court confirmed Fisker’s Chapter 11 liquidation plan on October 16, 2024. The case information page lists October 17, 2024, as the plan’s effective date. Confirmation was the court’s approval of the bankruptcy plan; it was not an SEC approval or rejection of the investigation, and it does not establish the investigation’s outcome. View the court’s confirmation order and the Verita case page.

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Why the bankruptcy case still appears in later filings

Plan confirmation did not end all court administration. The trustee continued handling claims objections and related matters, with docket activity extending into 2026. These post-confirmation tasks belong to the bankruptcy case; their continuation does not, by itself, show that the SEC investigation remained open. Verita’s court-document listing and an October 1, 2026 filing reflect later case activity.

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What is not established

The available reporting does not establish how far the SEC investigation progressed, what conclusions it reached, why it closed, or whether it resulted in enforcement action. Closure alone should not be read as a finding that Fisker or any individual was cleared, nor as proof that securities-law violations occurred.

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