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OK - US v. #Avenatti trial for alleged extortion of #Nike is beginning for real with oral arguments patreon.com/posts/33533749 Government says 20 minutes, defense predicts slightly more than 30 minutes. Inner City Press will do its best to live tweet it: thread
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Robert Sobelman: This is a case about this man, a lawyer. "Like all lawyers, he was supposed to look out for the interests of his client. But he did not. He had a weapon, social media. He found a way to use that weapons.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: The coach told the defendant that he was afraid that what Nike had done was illegal. But the defendant saw dollar signs for himself. He could go on the Internet and tell people that Nike broke the law, and hurt Nike. He figured Nike might pay up big
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: The scheme was simple: pay me and I'll keep quiet. He may have been wearing a suit - but it was extortion. There was a threat to harm Nike unless they paid him. He didn't tell the coach, his own client.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: The coach wanted to work with Nike again. So the defendant demanded a payment to get his client to settle. That's honest services fraud. That's why we're here.

First I'll tell you about the defendant's client. Only the defendant is on trial.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: Gary Franklin is a coach, he built the Cal Supreme program. Nike was its sponsor. It gave basketball shoes, and $72,000 a year. The relationship was going well, until two Nike employees had him give money to players' families.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: The two Nike employees said the parent of one of the players should coach Cal Supreme, and not him. Then Nike ended the relationship. Franklin was angry. So Franklin reached out to a friend...
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: Franklin told his friend what the Nike employees had done. It sounds like something Adidas did. After some time, the friend suggested Franklin get a lawyer. That's when the defendant came into the picture. He'd seen him on TV
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: Franklin has seen the defendant on TV, with Stormy Daniel, suing the President. So they contacted him, and told him about what the Nike employees had said to do. But they didn't want it to be made public. They marked the materials confidential.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: But the defendant didn't tell Franklin his real plan. He thought Nike might be willing to pay more - and he wanted that payday for himself. The defendant went to Mark Geragos, another TV lawyer.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: The defendant and Geragos met with representatives on Nike, here in Manhattan. The defendant demanded Nike pay Franklin $1.5 million, but more for himself and Geragos: to lead up a so called internal investigation of Nike, for millions of dollars
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: The defendant told Nike if they paid another lawyer to do the investigation, they'd have to pay him and Geragos twice the amount they paid the other lawyer. Or they'd go public. The defendant said he'd tie it to NCAA March Madness
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: It was a shakedown. It was extortion. Nike's lawyers could tell that defendant's threats were serious. They reported them to the authorities, and Federal agents started recording. The defendant repeated this threats, harm of billions with a B
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: You will hear how the defendant talked to Nike's lawyers behind closed doors, when he thought no one was listening. He said, "A few million dollars doesn't move the needle for me."

[Sobelman is reading this out, not playing audio]
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: "The defendant said, 'I'm not fucking around.'"

[At the defense table, Avenatti is whispering in the ear of his lawyer Srebnick] @SDNYLIVE
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: "The defendant said, 'I don't want to hear that somebody's grandmother passed away.'" The defendant was not acting like a lawyer. He was not trying to help his client. He was trying to take advantage of his client. Federal agents arrested him.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: The defendant was in debt. His law firm had trouble paying its employees.

We'll prove this with recording, and documents. You'll hear audio, and see video. He said, If you don't pay up, I'll hold the press conference and the company will die.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: You will learn how they recorded his threats. You will hear from Gary Franklin, how he felt wronged by those two Nike employees. But that's not what this trial is about. "Nike is not on trial."
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: Even is Nike did wrong, it did not give the defendant the right to do what he did. Two wrongs don't make a right.

Franklin and his friend will tell you how the defendant never told them about any press conference.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: You will see a post the defendant put on Twitter, a warning shot to Nike. You will see a text message to Geragos. Then we will talk about. Before then, please pay attention to the evidence and follow Judge Gardephe's instructions.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Sobelman: If you do that, you will return the verdict that the defendant is guilty.

Judge Gardephe: Now the defense opening. Mr Srebnick?
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Defense lawyer Srebnick: Mr. Avenatti had a client who wanted justice, who'd be a whistleblower. In preparation for meeting with Mr. Avenatti, Coach Franklin and his adviser Mr. Auerbach said they wanted answers. They did not want a whitewash. Nike blew them off
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: So when Michael Avenatti met with the lawyers from Boies Schiller, it was a pre-lawsuit settlement conference. Boies Schiller has 300 lawyers. Nike is a Fortune 100 company, sales of $30 billion. Mr. Avenatti made it clear, his client wanted remedies.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: That's not extortion. Mr. Avenatti was not alone, he was accompanied by Mark Geragos, another well known lawyer. Franklin showed them that the two Nike employees had them paying handlers and family members. Fly to Arizona for a #1 draft pick...
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: At one point Nike was so eager to get the right players they had a handler bring a 7 foot basketball player from Kansas to play on the California Supremes... Franklin lost his sponsorship from Nike. He felt strong armed, in his own words
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: For years, together with his advisor Mr. Auerbach, they reached out to Nike. They were ignored.

Supposed Nike cooperated with the government. But the two executives continue(d) working at Nike. So Franklin and Auerbach, they wanted justice.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Franklin wanted Nike to do the right thing. He wanted to stop further corruption. Auerbach had a relationship so he said with the founder of Nike. They wrote a list of demands: for starts they wanted the 2 executive terminated. They wanted money.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: In January 2019, two months before they met Mr Avenatti, they reached out to another lawyer and Mr. Franklin said, "I'm looking for justice." He wanted an investigation. A new procedure.
And they wanted Nike to pay legal fees.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Auerback says, I'm going to call a guy a Nike. He did and said, We want justice. The Nike rep says, Call the lawyers at Boies Schiller. But how are Auerbach and Franklin going to seal with a 300 lawyer firm? They need a lawyer with a public platform
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: So by March 2019 they call Avenatti, by then the lawyer with the highest profile. 800,000 Twitter followers. Having represented Stormy Daniel against the President. Appearing on TV all the time. They wanted him, to take on Nike.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: They wanted this man right here because he had the platform to expose what had happened in Nike. That's why the chose him. And we can prove it. We have 119 videos Auerbach sent to Franklin, of Avenatti on TV and social media.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: He had skill set they wanted - not a law library and case law, but a platform to expose Nike. Auerbach thought Avenatti would take the case to light the fuse in the sneaker scandal, to get good press and get other clients
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: They liked Mr Avenatti's bravado, they termed him the heavy artillery. And yes, Mr. Avenatti is hard charging. But that's not what we put people in prison for. Not for using foul language. It is what it is. But it's not extortion.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: They showed Avenatti a Power Point, "Gary Franklin Vs Nike." They show him a lawsuit against Adidas by a player, claiming racketeering and asking for injunctions and attorneys fees. They said, We want justice. Never once do they say, don't expose this
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: They give Mr. Avenatti the evidence. The texts from Nike. Avenatti knows the claim is real. Now, Mr. Avenatti never takes one dollar from Gary Franklin and Mr. Auerbach. No money upfront. Mr. Avenatti takes the case. No expense money to fly to New York
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Avenatti contacted Geragos who had presented "a very high profile NFL football player, a very explosive situation" that got resolved...

[Judge Gardephe ruled that Colin Kaepernick's name could not be mentioned in opening statement.]
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Now came a meeting with Nike's lawyers. Some of them we have photos of, one looks older now... It occurred at Mr. Geragos' office here in New York. They told Nike how much it would cost to do what the client Mr Franklin wanted to have done
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: The money would go into a fund to pay for the investigation. Yes some would go to Mr Avenatti. That's how people get paid. Avenatti knew he was going in to a room with former prosecutors. But he didn't know Boies' lawyers were on red alert
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Their mission was not to settle, but to contain Mr Avenatti. Get out in front of him. Nike was worried about the truth coming out. The federal investigation still hadn't closed. Nike hadn't produced all the records. Nike said they'd done nothing wrong
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Avenatti goes to the March 19 [2019] meeting with the authorization of his client. Mr. Geragos starts the meeting, says "Michael has claims on behalf of a client," he could go public, or settle -- like Geragos had on behalf of the NFL football player.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Here's the ask, that the client gets paid $1.5 million and Nike pays for an investigation, a real investigation not a whitewash. "Whatever it costs, it costs... Don't go hiring some other law firm to do a white wash."
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Wilson for Boies responds, that sounds like a fair request. We know different now. The Nike in-house attorney says, I want to see the evidence. Michael Avenatti produces the document. At no time on March 19 did Nike deny the claim.

[Srebnick is pacing]
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Avenatti understands the power of urgency. He said, I ain't f-ing around, if you guys aren't ready, I'll just call the press and tell them we're going to move forward. The press reports lawsuits every day of the week. Lawsuits are public
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: He gave a prediction, it could knock off billions of dollars in market cap. In a recorded meeting the next day, the FBI and Boies wanted Avenatti put to a number on it. Avenatti says, I'll take whatever Boies Schiller would charge.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: We'll find out during the course of this trial how much Boies Schiller charged Nike for an investigation that resulted in no one being fired. Finally they say, $20 million. So Avenatti says, $1.5 million for my client, $15 million for investigation
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Avenatti gives the ask. Then in person on March 21, Avenatti uses Boies Schiller's number. So they say, what if you and Geragos don't do the investigation, how much? They talk and come back & say, $22.5 million. Avenatti brings a draft with number blank
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: The confidentiality clause would still allow Franklin to talk to the Feds. This was not buying silence. This was simply settling Gary Franklin's claims. This would have to be signed off by everyone. It wouldn't be like Nike's fake invoices
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Then Avenatti gets arrested. The FBI arrests him on the way to Boies Schiller. The FBI and Boies Schiller worked together so that they could get out in front of Gary Franklin's claims. They had not spoken to him. But they have since. And to Auerbach.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: This courtroom will be a fight for credibility. We have in hard paper what they said before - they wanted Avenatti to be Avenatti. There's now an SEC investigation of Nike, into the same evidence DOJ had from Nike.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: Avenatti, in the room, was Avenatti. He was doing what Avenatti does. That's what Gary Franklin wanted. He was getting it for free. Now someone's freedom is on the line. You will see him passing notes to us. That's what he does. Nothing wrong with that.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: At the end of the trial, it's for you to decide if his aggressive behavior constitutes a crime. If he could make a living grabbing the tiger by the tail, so be it. Ladies and gentlemen, that's all I have. Thank you.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Judge Gardephe: Is the government prepared to proceed?

AUSA Matthew Podolsky: The government calls Scott Wilson.... What do you do for a living?
Wilson: I work for DLA Piper. Before that I worked for Boies Schiller. Nike has been my client.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Podolsky: Have you met Avenatti?
Wilson: Yes, at the 5th Avenue office of another lawyer. Avenatti threatened to go public against Nike unless we paid him millions of dollars.
AUSA: Do you see Avenatti in court?
Wilson: He's standing and wearing a blue tie.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Podolsky: Where is Boies Schiller located?
Wilson: At Hudson Yards, 34th St and 10th Ave.
AUSA Podolsky: Are you familiar with settlement negotiations? Have you been involved in them?
Wilson: Yes, many times. Mediation is different: there's a 3rd party there.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Podolsky: Where does Nike do business?

Wilson: It's headquartered in Portland, Oregon but does business around the world. It's publicly traded.... Avenatti threatened to take billions of dollars off Nike's market capitalization
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Podolsky: Are you familiar with the NCAA?
Wilson: I'm familiar with it... Players have to have maintained their amateur status - a player can't have been payed to play basketball.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Podolsky: Did you become aware of an investigation into payments to players?
Wilson: Yes, about Adidas bribing a player or his family to go to a school sponsored by Adidas.
Judge Gardephe: When you say school, you mean college or university?
Wilson: Yes.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Podolsky: Did Nike get a subpoena?
Wilson: Yes, shortly after the arrest in the Adidas case.
AUSA Podolsky: Did Nike engage you in connection with these subpoenas?
Wilson: Yes.
AUSA Podolsky: Did Nike provide documents?
Wilson: Yes, on a rolling basis.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Wilson: In May of 2018 we informed the US Attorney's office that Nike had substantially completed its production... A few more in 2019.
AUSA Podolsky: What prompted that?
Wilson: A prosecutor from your office reached out to Boies Schiller about particularl players
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Podolsky: And the SEC has asked Nike for documents? When?
Wilson Yes, April 2019. The subpoena said, "In Re Athletic Apparel Companies" - so not only Nike.
AUSA Podolsky: Are you familiar with Mark Geragos?
Wilson: Yes, I spoke with him in March 2019.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Wilson: I knew Geragos had interacted with Nike with respect to an athlete...
AUSA Podolsky: For the witness only, Exhibit 203. What is it?
Wilson: An email chain between myself and Mr. Geragos.
AUSA Podolsky: The government moves for its admission.
No objection.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Podolsky: What was the first email?
Wilson: On March 13, I wrote to Geragos responding to his reaching out to Casey Kaplan (sp) saying Mr Avenatti wanted to meet with Nike. I'd seen Mr Avenatti on TV about a couple of matters.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Wilson: We were concerned and eager to find out what these guys wanted to talk about. When a plaintiff's attorney wants a meeting, it's not to give you something, it's to ask for something. Something specific - he wanted someone from the company to hear it
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Wilson: I called Mr. Geragos on speaker phone with a junior lawyer there to take notes. That's my practice. Geragos was in Rhode Island in a mediation but would be in NY the next day, couldn't discuss it over the phone, too sensitive. My pulse accelerated.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Podolsky: Why did your pulse accelerate?
Wilson: When someone says they can't speak over the phone, they're concerned the FBI or someone else might be listening. Geragos said he wanted a mediated discussion.
AUSA Podolsky: Did he mention a client?
Wilson: No.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports AUSA Podolsky: So when you met at Geragos' office, who did most of the talking?
Wilson: Mr. Avenatti and I did. Avenatti asked if these was a 408 discussion, under Rule 408 - settlement discussions. I said yes, even though I didn't know who the client was.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Wilson: Avenatti said he represented a whistleblower who had evidence of payments to the top draft pick - so I asked who that was.
AUSA Podolsky: Why did you ask that?
Wilson: To throw him off. He paused and said, Deandre Ayton. And that he knew about subpoenas.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Wilson: I was flabbergasted that Avenatti was proposing to be hired to do the investigation... I said to him, How do I know you are not wearing a wire?
AUSA Podolsky: Why did you ask him that?
Wilson: I felt he was asking me to engage in something improper.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Wilson: Avenatti said he had a reporter at the New York Times on speed dial and could get an article there any time. He said it wouldn't ride on his client.
AUSA Podolksy: Were you concerned?
Wilson: I felt we had a full blown corporate communications crisis.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Judge Gardephe: It's 4:30, when you can find a time to break.
AUSA Podolsky. This meeting goes on, we could break now.
Judge Gardephe: Mr Ruocco will lead you to the jury room....
AUSA Richenthal: Last night we emailed the defense a list of all Wilson exhibits
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Now another of Avenatti's lawyers is asked about notes other Boies Schiller associates took during Wilson's phone calls.
Judge Gardephe: You feel you have a right to these notes? But they's not his notes. They couldn't be used to impeach him.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Avenatti's lawyer: Wilson had imput into the notes, he said he felt threatened --
Judge Gardephe: Assuming arguendo they contradict what Mr. Wilson said. You still couldn't use them. But I need to read the papers more closely. Then I'll rule on it.
@MatthewLeeICP @sdnylive @NBCNewYork @gabrielsherman @MichaelHwrdSaul @nakednews @dcexaminer @businessinsider @KTVZ @YahooSports Srebnick: We'll remain here in the courtroom with Mr. Avenatti until 5:30 pm.
Judge Gardephe: Is that OK with the Marshals?
It is. And that's it for today - stories coming patreon.com/posts/33533749
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