First I'll tell you about the defendant's client. Only the defendant is on trial.
[Sobelman is reading this out, not playing audio]
[At the defense table, Avenatti is whispering in the ear of his lawyer Srebnick] @SDNYLIVE
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.
Franklin and his friend will tell you how the defendant never told them about any press conference.
Judge Gardephe: Now the defense opening. Mr Srebnick?
Supposed Nike cooperated with the government. But the two executives continue(d) working at Nike. So Franklin and Auerbach, they wanted justice.
And they wanted Nike to pay legal fees.
[Judge Gardephe ruled that Colin Kaepernick's name could not be mentioned in opening statement.]
[Srebnick is pacing]
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.
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.
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.
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
Wilson: I'm familiar with it... Players have to have maintained their amateur status - a player can't have been payed to play basketball.
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.
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.
AUSA Podolsky: What prompted that?
Wilson: A prosecutor from your office reached out to Boies Schiller about particularl players
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.
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.
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.
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.
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.
AUSA Podolsky: Why did you ask that?
Wilson: To throw him off. He paused and said, Deandre Ayton. And that he knew about subpoenas.
AUSA Podolsky: Why did you ask him that?
Wilson: I felt he was asking me to engage in something improper.
AUSA Podolksy: Were you concerned?
Wilson: I felt we had a full blown corporate communications crisis.
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
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.
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.
Judge Gardephe: Is that OK with the Marshals?
It is. And that's it for today - stories coming patreon.com/posts/33533749