Musk vs Altman: Ex-Board Member Claims CEO Misled Board

• Altman allegedly never told the OpenAI board he personally owned the Startup Fund.
• A former OpenAI board member publicly calls Altman a liar across multiple serious counts.
• Musk says Altman told Congress, under oath, that he had no financial interest in OpenAI.

As the Elon Musk versus OpenAI trial gets underway in California, one allegation is cutting through the noise faster than any other: Sam Altman allegedly never told the OpenAI board that he personally owned the OpenAI Startup Fund, and then told Congress under oath that he held no financial interest in the organization.

If proven, that is not a governance dispute. That is perjury.

What the Former Board Member Said

The accusation did not come from Musk’s legal team alone. A former OpenAI board member has gone on record calling Altman a liar.

According to her, Altman lied to the board for years across multiple areas. He hid the launch of ChatGPT from board members who were responsible for overseeing the organization. He concealed his ownership of the OpenAI Startup Fund, a direct financial interest that should have been disclosed to the board governing a nonprofit. 

The board fired Altman in November 2023, citing a loss of trust. He was reinstated days later under pressure from staff and investors, but the reasons for his firing have never been fully resolved publicly. 

The Congressional Testimony Problem

The Startup Fund disclosure issue carries particular weight because of what Altman reportedly said to Congress. Congressional testimony is given under oath. A deliberate falsehood in that setting is a federal crime, not a civil matter.

Reacting to the same, Musk wrote, “Scam Altman didn’t tell the OpenAI board that he OWNED the OpenAI Startup Fund. Altman lied in congressional testimony that he didn’t have financial gain from OpenAI.”

What Comes Next

The case centers on OpenAI’s origins as a nonprofit in 2015, which Musk helped fund and build with the explicit mission of developing artificial intelligence for the benefit of humanity. Musk alleges that Altman and others pushed him out, took control, and converted the organization into a for-profit enterprise while continuing to publicly claim the original mission remained intact.

“They stole a nonprofit,” Musk wrote on X this week. “It’s not right.” OpenAI has called the lawsuit baseless and has said it looks forward to questioning Musk under oath.

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