Businessman Elon Musk is under US federal investigation over his $44 billion deal to acquire Twitter, the social media company said in a court filing released on Thursday.
Twitter said it asked Musk’s lawyers to file his communications with federal authorities months ago, but they didn’t, and asked a Delaware state judge to order lawyers to provide the documents.
In late September, Musk’s lawyers provided a “privilege record” identifying documents to be kept confidential. The filing referenced drafts of a May 13 email to the SEC and a slideshow to the Federal Trade Commission, Twitter said.
A lawyer for Musk did not immediately respond to a request for comment.
The court order was filed on October 6, the same day the court granted a stay of litigation to allow Twitter and Musk to close the takeover deal.
The SEC questioned Musk’s comments about the Twitter acquisition. In April, the SEC asked Musk whether the disclosure of his 9% stake in Twitter was overdue and why it indicated he intended to be a passive shareholder. Later, Musk redid the disclosure to indicate that he was an active investor.
In June, the SEC asked Musk in a letter whether he should have amended the public document to reflect his intention to suspend or abandon the deal.
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