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Monday, December 2, 2024

Former TuSimple co-founder urges courts to dam asset switch to China


Xiaodi Hou, the co-founder and former CEO of self-driving trucking startup TuSimple, has urged a California district courtroom to problem a brief restraining order to cease the corporate from transferring its remaining U.S. property to China, in keeping with a current courtroom submitting.

Hou, who plans to use for a brief restraining order in December in the course of the subsequent scheduled courtroom listening to, is hoping to maintain TuSimple from shifting tens of tens of millions of {dollars} in money to China. As of September, TuSimple had roughly $450 million in capital. Hou can also be requesting expedited discovery of proof to assist his requests for the movement.

Hou’s declaration to the courtroom, filed on Monday, is the most recent escalation within the battle between TuSimple and a few of its shareholders, over the corporate’s makes an attempt to make use of investor capital to fund a brand new AI-generated animation and online game enterprise in China.

That is the primary time Hou – who was ousted from his function as CEO in 2022 – has publicly accused TuSimple and its leaders of funneling property in the direction of animation and gaming companies owned by or with direct ties to Mo Chen, TuSimple co-founder and chairman of the board, beneath the guise of a enterprise pivot. Hou additionally argued the corporate violated SEC rules by neither informing nor gaining approval from shareholders earlier than altering its enterprise route or transferring funds to China. 

Hou now heads a new autonomous trucking startup in Texas

TuSimple, as soon as valued at $8.5 billion after its 2021 IPO, confronted setbacks that led to its U.S. shutdown and delisting in January 2024. The corporate’s said purpose was to commercialize its AV expertise in China. However because the 12 months progressed, TuSimple slashed its workforce, ceased self-driving operations, and commenced hiring employees to deal with jobs associated to AI gaming and animation.

Shareholders despatched a letter to the board in August after studying TuSimple was placing sources in the direction of AI gaming and animation. The board responded a pair weeks later by publicly saying the brand new enterprise unit. 

Hou this week urged the courtroom to problem a brief restraining order after noticing a submitting by TuSimple China that signaled the corporate was about to switch cash (or already had) out of the USA. Two TuSimple China subsidiaries final week registered a rise in property collectively price $150 million, in keeping with Hou’s declaration and knowledge from public filings. 

“These filings present a suspicious improve in registered property between these two subsidiaries in at some point as a precursor to giant amount of money switch from U.S. to China,” reads the declaration. “The more than likely situation is that these filings in China have been the preparatory steps earlier than TuSimple U.S. transfers cash to these subsidiaries in China.”

Hou added that such giant money transfers are “past regular course of enterprise” and akin to “TuSimple China’s heyday of operation when it was working a big autonomous truck fleet in Shanghai” and had round 700 workers on its payroll. As of September, TuSimple China had round 200 workers.

The window of alternative for shareholders like Hou to get what they need – which is for TuSimple to liquidate to allow them to recuperate a few of their losses – is narrowing. 

TuSimple is in a grey space in terms of enforcement from the Securities and Alternate Fee. Whereas TuSimple delisted earlier this 12 months, the corporate remains to be registered with the SEC and thus topic U.S. scrutiny. As soon as the cash goes to China, shareholders within the U.S. can have no recourse to claw again funds from their unique funding. 

TechCrunch has reached out to the SEC to study if the company is investigating TuSimple in relation to shareholder complaints. 

TuSimple didn’t instantly reply to TechCrunch’s request for remark.

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