The heightened scrutiny would complicate any deal for Musk amid reports his "funding secured" tweet last week has resulted in a subpoena from the US Securities and Exchange Commission (SEC) over potentially misleading investors.
Musk also said he does not believe he would need to raise the full $72 billion value placed on Tesla by his $420-a-share bid because he expects many existing shareholders - including himself with 20% of the company - to roll their shares into a private Tesla.
Martin Tripp, a former Tesla employee, tweeted pictures of damaged batteries that were allegedly being used in Model 3 cars and other flawed manufacturing practices in at the company's battery manufacturing factory near Reno.
The Twitter post by Musk, who has considered taking Tesla private in the past, was something of a flip remark, said several people familiar with the matter but not authorized to speak publicly about the episode.
Tesla's board of directors has been scrambling to contain any potential damage caused by Musk's August 7 tweet.
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Representatives of Tesla and the SEC declined to comment.
In June Tesla sued Tripp for alleging that he hacked the company and transferred secret information to third parties.
The electric carmaker's shares fell as much as 4 percent but cut their losses after Goldman Sachs Group Inc (GS.N) said it was dropping equity coverage of Tesla because it is acting as a financial adviser on a matter related to the automaker. "Obviously, the Saudi sovereign fund has more than enough capital needed to execute on such a transaction". The tweet followed news that a Saudi investment fund had acquired a minority share in the business. Assets owned by the PIF can not be monetized quickly without driving down prices in the local stock market, while selling many of them would conflict with another of the PIF's declared roles.
That tweet may have violated USA securities law if he misled investors.
A subset of independent directors, who have formed a committee to consider any formal proposal to take Tesla private, have hired another law firm, Latham & Watkins.