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Electric car maker Tesla CEO Elon Musk meets with French Minister for the Economy and Finances Bruno Le Maire on the sidelines of the 6th edition of the “Choose France” Summit at the Chateau de Versailles, outside Paris on May 15, 2023.

Ludovic Marin | Pool | Via Reuters

Sen. Elizabeth Warren, D-Mass., sent a letter urging the U.S. Securities and Exchange Commission to investigate Tesla and its board of directors over possible “conflicts of interest, misappropriation of corporate assets, and other negative impacts to Tesla shareholders” related to CEO Elon Musk‘s Twitter takeover.

In the letter sent to SEC Chair Gary Gensler on Monday, Warren wrote that the Tesla board’s “apparent lack of independence” from Musk, combined with “inaction and incomplete disclosures, raise questions about possible violations of securities laws and exchange rules which fall under SEC’s jurisdiction.”

The nine-page letter, first obtained by CNBC, reiterates concerns Warren had raised in earlier correspondence to Tesla Chair Robyn Denholm in December 2022, after Musk led a $44 billion buyout of Twitter. The take-private deal included $13 billion in debt, and Musk reportedly sold billions of dollars worth of his Tesla shares to finance the transaction.

The SEC’s Office of Public Affairs did not immediately respond to a request for comment.

Musk appointed himself CEO of Twitter after the deal closed and quickly made sweeping changes to the social network, while cutting more than three-quarters of the staff at the company and authorizing teams of employees from Tesla and SpaceX to assist him there.

Citing CNBC’s reporting on the matter, Warren wrote that taking Tesla employees over to Twitter could have comprised “possible violations of state and federal labor law,” and that Tesla’s board had not informed shareholders appropriately about the ways that the two companies have worked together, or may work together.

In recent weeks, Musk appointed Linda Yaccarino, who previously ran global advertising for Comcast’s NBCUniversal, to the role of Twitter CEO. Her hiring stirred hope that Twitter’s beleaguered advertising business would soon recover and that Musk would return to focus on Tesla and SpaceX.

Early Saturday, Musk admitted that Twitter’s cash flow remains negative after 50% ad revenue declines and “heavy debt.” Tesla is scheduled to report its second-quarter earnings after the bell on Wednesday of this week.

In her letter to the SEC chairman, the senator said that the appointment of Yaccarino still leaves Musk in charge of Twitter, where he is now CTO and executive chairman, and the arrangement could lead to conflicts of interest.

Among these, she wrote that at Twitter, Musk could “decide to run the company to maximize badly-needed revenue, even if that includes great deals for Tesla’s competitors and potential injury to Tesla.” Contrarily, she said Musk could opt to “run Twitter to benefit Tesla through favorable algorithms or free advertising.”

Musk and the SEC have already clashed repeatedly. The federal financial regulators charged Musk with civil securities fraud after he tweeted in 2018 that he was considering taking Tesla private for $420 per share and had “funding secured” to do so. The tweets caused a halt in trading of Tesla shares and sent the company’s share price seesawing for weeks.

Musk and Tesla paid fines and struck a revised consent decree to settle the charges in 2019, but Musk later moved to end that agreement or modify it. In May 2023, a federal appeals court judge rejected the Tesla CEO’s request to end the agreement, which requires that any of his tweets containing material Tesla business information be reviewed and approved by a securities lawyer at Tesla before Musk posts them.

Tesla did not immediately respond to a request for comment.

Disclosure: NBCUniversal is the parent company of CNBC.

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OpenAI says it will use Google’s cloud for ChatGPT

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OpenAI says it will use Google's cloud for ChatGPT

OpenAI CEO Sam Altman speaks to members of the media as he arrives at a lodge for the Allen & Co. Sun Valley Conference on July 8, 2025 in Sun Valley, Idaho.

Kevin Dietsch | Getty Images News | Getty Images

OpenAI said Wednesday that it expects to use Google’s cloud infrastructure for its popular ChatGPT artificial intelligence assistant.

The reach for additional capacity aligns with OpenAI’s desire for more computing power to meet heavy demand after initially relying exclusively on Microsoft for cloud capacity. The two companies’ relations have evolved since then, with Microsoft naming OpenAI as a competitor last year.

Both companies sell AI tools for developers and offer subscriptions to companies.

OpenAI has added Google to a list of suppliers, specifying that ChatGPT and its application programming interface will use the Google Cloud Platform, as well as Microsoft, CoreWeave and Oracle.

The announcement amounts to a win for Google, whose cloud unit is younger and smaller than Amazon‘s and Microsoft‘s. Google also has cloud business with Anthropic, which was established by former OpenAI executives.

The Google infrastructure will run in the U.S., Japan, the Netherlands, Norway and the United Kingdom.

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Last year, Oracle announced that it was partnering with Microsoft and OpenAl “to extend the Microsoft Azure Al platform to Oracle Cloud Infrastructure” to give OpenAI additional computing power. In March, OpenAI committed to a cloud agreement with CoreWeave in a five-year deal worth nearly $12 billion.

Microsoft said in January that it had agreed to move to a model of providing the right of first refusal anytime OpenAI needs more computing resources, rather than being its exclusive vendor across the board. Microsoft continues to hold the exclusive on OpenAI’s programming interfaces.

Sam Altman, OpenAI’s co-founder and CEO, said in April that the startup, which draws on Nvidia graphics processing units to power its large language models, was facing capacity constraints.

“if anyone has GPU capacity in 100k chunks we can get asap please call!” he wrote in an X post at the time.

Reuters reported in June that OpenAI was planning to bring on cloud capacity from Google.

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ChatGPT's growth has been unassailed and looks set to continue: Altimeter's Apoorv Agrawal

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Tesla’s change in bylaws to limit shareholder lawsuits slammed by New York state officials

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Tesla's change in bylaws to limit shareholder lawsuits slammed by New York state officials

Elon Musk interviews on CNBC from the Tesla Headquarters in Texas.

CNBC

In May, Tesla changed its corporate bylaws in a way that would require investors to own 3% of the stock, today worth about $30 billion, in order to file a derivative lawsuit against the company for breach of fiduciary duties. Authorities in New York State are now asking Tesla to delete the bylaw entirely.

Overseers of the New York State Common Retirement Fund, which owns about 0.1% of Tesla’s shares, submitted a formal proxy proposal and letter to the company on July 11, and shared it with CNBC on Wednesday. They say that Elon Musk’s automaker engaged in a “bait-and-switch” to convince shareholders to approve an incorporation move from Delaware to Texas in June 2024.

Musk made the move after a judge in Delaware voided the $56 billion pay package that the CEO, also the world’s richest person, was granted by Tesla in 2018, the largest compensation plan in public company history. In getting shareholders to approve the change in its state of incorporation, Tesla said that stakeholders’ rights “are substantially equivalent” under the laws of Delaware and Texas.

On May 14, almost a year after Tesla’s move, Texas changed its law to allow corporations in the state to require 3% ownership before being able to carry forth a shareholder derivative suit.

“The very next day, Tesla’s board amended the Company’s bylaws to the maximum allowable 3% ownership threshold, effectively insulating the Company’s directors and officers from accountability to shareholders,” the New York letter says. The letter was signed by Gianna McCarthy, a director of corporate governance with the retirement fund, on behalf of the fund and New York State Comptroller Thomas DiNapoli.

Only three institutions currently own at least 3% of Tesla’s outstanding shares.

Tesla didn’t immediately respond to a request for comment.

The New York fund overseers wrote that derivative actions are “the last resort for shareholders to enforce their rights” when company directors or officers violate their fiduciary obligations, and called Tesla’s decision on the matter “egregious.”

In an email to CNBC, DiNapoli said Tesla “deceived shareholders” in assuring them that their rights would remain the same in Texas.

“These actions violate basic tenets of good corporate governance and must be reversed,” he wrote.

WATCH: What to know about the renewed executive churn under Elon Musk

What to know about the renewed executive churn under Elon Musk

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Peter Thiel just bought a big stake in Tom Lee’s ether company and the shares are surging

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Peter Thiel just bought a big stake in Tom Lee's ether company and the shares are surging

Peter Thiel, president and founder of Clarium Capital Management LLC, holds hundred dollars bills as he speaks during the Bitcoin 2022 conference in Miami, Florida, U.S., on Thursday, April 7, 2022. 

Eva Marie Uzcategui | Bloomberg | Getty Images

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Bitmine (BMNR) 1-month

The current wave of interest in Ethereum and related assets follows an announcement by Robinhood that it will enable trading of tokenized U.S. stocks and ETFs across Europe, and a groundswell of interest in stablecoins throughout June following Circle’s wildly successful IPO and ongoing progress in Congress on the Senate’s proposed stablecoin bill, the GENIUS Act.

The price of ether itself also continued its rally, up more than 4% Wednesday. The coin has doubled in price in the past three months.

Thiel is a venture capitalist and hedge fund manager best known as a cofounder of both PayPal and Palantir and an early investor in Facebook. Founders Fund was an investor in Tagomi, the crypto brokerage acquired by Coinbase in 2020, and Polymarket, the prediction market built on Ethereum.

Don’t miss these cryptocurrency insights from CNBC Pro:

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