Musk renamed the SEC in a tweet as the Shortseller Enrichment Commission.
The SEC and Tesla did not immediately respond to requests for comment.
Musk has been vocal about his animus toward short-sellers, especially in the past year as Tesla has struggled to meet the ambitious production goals that the CEO set for its Model 3 vehicle. That was unforgivable. Why would they be upset about their mission?
The SEC had alleged that Musk did not have the estimated $25-50bn needed to make that deal happen.
The apparent jibe came just days after Musk settled civil securities fraud charges with the regulator, agreeing to step down as chairman for three years and pay a $20 million fine, with Tesla ($TSLA) paying an additional $20 million. In fact, the head of the investors from Tesla wrote to Elon Musk whether the decision was the text legit. The company has declined to provide detail in recent days over what those controls would entail.
Musk's Twitter usage has been in the spotlight since the CEO's August 7 tweets about considering taking the company private.
Musk's barb at the SEC doesn't violate the settlement because he didn't explicitly criticize as it as being unfair or unwarranted, said Peter Henning, a Wayne State law professor who was formerly an SEC attorney.
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"I think it's the judge being careful", he said.
"It is the essence of free speech".
"Taking care to provide truthful and accurate information is among a CEO's most critical obligations", added SEC Enforcement Division co-director Stephanie Avakian. "It's just plain bad taste".
In its lawsuit, the SEC suggested that Mr Musk was trying to harm short-sellers - investors who bet that a company's share price will fall.
Shares of Tesla closed down $12.97, or 4.4%, at $281.83, and fell another 2.1% to $276 following Musk's tweet after market hours.
Even though Musk's Twitter post appears to violate the spirit of the recent settlement, the SEC is largely powerless to stop Musk's tirades until the settlement is approved by Federal Judge Alison Nathan of the Southern District of NY, which could take several weeks.
It's not an uncommon practice for a judge to ask for such a letter. The lack of support from investors eventually led to his "grudging approval" to reach a settlement with the SEC.