Elon Musk Accuses OpenAI Leaders of Conspiring to Violate RICO Laws

COUNT V: CONSPIRACY TO VIOLATE FEDERAL CIVIL RICO, 18 U.S.C. § 1962(d) (Against Altman, Brockman, and the OpenAI For-Profit Entities)

240. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 239 inclusive, as though fully set forth herein.

241. Altman, Brockman, and the OpenAI For-Profit Entities have undertaken the fraudulent acts described in Count IV above as part of a common scheme. Defendants willfully, knowingly, and unlawfully conspired, confederated, and agreed together and with others to violate 18 U.S.C. § 1962(c), in violation of 18 U.S.C. § 1962(d). Defendants intentionally concealed their fraudulent conduct, which prevented Musk from discovering their scheme, notwithstanding his exercise of due diligence.

242. Altman, Brockman, and the OpenAI For-Profit Entities were aware of the illegal activity. Altman, as OpenAI, Inc.’s co-founder, CEO, and Board member, and Brockman as its CTO and prior Board member, knew that they had made false and/or misleading representations to Musk and other contributors that OpenAI, Inc. would be a non-profit devoted to the open-source development of AI for the benefit of humanity, and that Musk’s financial or other contributions were supposed to be used solely to further such charitable purpose. On information and belief, Altman and Brockman have at all relevant times been officers, agents, employees, and/or owners whose knowledge and intent is imputed to the OpenAI For-Profit Entities. The OpenAI For-Profit Entities knew of and agreed to facilitate the operation of the Enterprise and/or Defendants’ scheme.

243. Altman and Brockman directed and caused the OpenAI For-Profit Entities to engage in the racketeering activity alleged hereinabove.

244. Each Defendant understood that he or it was committing numerous RICO predicate acts and participating in a racketeering scheme, evidenced among other things, by his or its overt acts and involvement in repeatedly promulgating false and/or misleading representations via wire transmissions, including email correspondence, online transmittal, and social media posts, and receiving financial and other contributions, including wired funds, based on those fraudulent communications. In addition, on information and belief, the OpenAI For-Profit Entities understood they were facilitating and/or aiding and abetting Altman’s self-dealing and furthering the scheme by helping to conceal Defendants’ fraudulent conduct.

245. The participation and agreement of Altman, Brockman, and each of the OpenAI For-Profit Entities was necessary to the scheme. Defendants knew their predicate acts were part of a pattern of racketeering activity and agreed to the commission of those acts to further the scheme, and agreed and conspired to conduct and participate in the affairs of the Enterprise through a consistent and continual pattern of racketeering activity. Further evidence of the agreement among Altman, Brockman, and the OpenAI For-Profit Entities is peculiarly within the knowledge and control of Defendants.

246. As a direct and proximate result of Defendants’ conspiracy and violations of 18 U.S.C. § 1962(d), Musk has been injured in his business and property, as alleged herein, and is entitled to treble damages, attorneys’ fees, and costs of suit.