Thread by @innercitypress

OK - US v. Avenatti trial Day 3, cross-examination of Nike's Scott Wilson of Boies Schiller, about "whitewash" investigation, Deandre Ayton patreon.com/posts/33599152 Inner City Press will live-tweet: thread

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Before jury comes in, Judge Gardephe offers "principles" for cross-examination of Wilson, & trial: he will allow questions about Nike misconduct as relates to Mr. Franklin, but beyond that... Wilson is taking the stand, and Howard Srebnick his podium. "All rise!"

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick: Do you recall Mr. Avenatti saying, We will include language in the settlement that will not preclude my client from giving evidence to the government?
Wilson: I don't remember that.
Srebnick: Mr. Holmes was there too, right?
Wilson: There were 5 lawyers

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick: Mr Holmes was taking notes at your direction?
Wilson: Mr. Holmes works at my law firm...
Srebnick: Had Mr. Holmes ever taken notes for you before, that you relied on?
Wilson: I can't recall.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick: Did it appear Mr Holmes was taking pretty accurate notes?
AUSA: Objection.
Judge Gardephe: Sustained... I'm trying to understand what you're asking the witness about the cooperation piece of it.
Srebnick: I'm going to show you a Defense Exhibit...

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick: And there came a time that Mr. Avenatti indicated that if things didn't settle, he would hold a press conference?

Wilson: He indicated he would hold a press conference the next day.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick: And Mr. Geragos appeared to be an active participant?
AUSA Podolsky: Objection!
Judge Gardephe: Overruled.
Srebnick: And when Mr. Avenatti mentioned a press conference, did Mr. Geragos appear to be in synch?
Judge Gardephe (sua sponte) Sustained.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick: At some point you began to worry that Mr. Avenatti was wearing a wire?
Wilson: I asked him if he was wearing a wire.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick (referring to a document he's handed Wilson but which is not in evidence) Does that refresh your recollection?
Wilson: Yes, that I told Mr. Avenatti that we bought in a senior lawyer from Oregon, we are taking this seriously.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick: And at no point did you dispute the allegations that Mr. Avenatti was making?
Judge Gardephe: May I ask a question? Had Mr. Avenatti laid out the allegations at this point?
Wilson: At a high level. And I remember an allegation of a $10,000 payment.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Wilson: Then Mr. Avenatti either handed to me or left in front of me a small packet of documents.
Srebnick: You were allowed to see them, but you couldn't copy them - instead you later told Mr. Holmes what you saw?
AUSA: Objection...
Judge Gardephe: Sustained.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick: Just to make a record, do you see the Bates number at the bottom of the document I've shown you, 0016?
Wilson: It didn't have Bates numbers when I saw it.
Judge Gardephe: Did it have the read circles on it?
Wilson: I don't recall.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast The document is text messages between Gary Franklin and Nike's Carlton DeBose. Programming note: Inner City Press still waiting for access to exhibits in the case, which for example have been promised in upcoming US v. Schulte case: innercitypress.com/sdny7schultepu…

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick: This is a text message between Mr. DeBose and Gary Franklin?
Wilson: I see that it is labeled that.
Srebnick: And in it DeBose directs Franklin to fly to Phoenix?
Wilson: I see the text you've read.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick: And Avenatti said it was to pay money to the mother of the number one draft pick?
Wilson: Mr. Avenatti spoke of a payment to Mr. Ayton or some member of his family.
Srebnick: Do you see D4, 0021?
Wilson: Yes I see that.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick: And this was shown to you by Mr. Avenatti?
Wilson: I saw a version of this.
Srebnick: An email from DeBose to another Nike person to make flight arrangement for Mr. Franklin to fly to Phoenix, back and forth the same day?

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick reads the e-mail.
Wilson: When you read it you substituted Phoenix for the acronym PHX... When I fly to Portland, it is PDX, so I mistook them. It would have have been surprising for Mr. Franklin to fly to Nike headquarters in Portland.

[Hmmm]

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Srebnick read a text message.
Wilson: I see the text that you've read... Prior to my time spent reviewing the documents on March 19, Mr. Avenatti did refer to a player with a connection to Mr Manning, whom he said had received corrupt payments

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast Wilson: Mr. Avenatti instructed my colleague to stop taking notes as I read reading documents. I remember because it bothered me --
Srebnick: Do you remember Mr. Holmes--
Judge Gardephe: Please don't cut off the witness.
Wilson: I probably was speaking too low.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast [The "Manning" mentioned by Wilson is Shaun Manning, handler for Brandon McCoy.

One question is, what did SDNY US Attorney's Office ever do with this information, they type the prosecuted people at and around Adidas on?]

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: Do you recall seeing a communication between Franklin and Mr. DeBose in which Mr DeBose told Franklin to give money
Wilson: No I do not recall.
Srebnick: Does this refresh your recollection?
Wilson: No it does not.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: So you caucused with Mr. Holmes on the 6th floor?
Wilson: We huddled near a window. I said, I have to get out this information that I saw, I wasn't allowed to take notes. So I asked Mr. Holmes to take notes on what I had seen.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: And if a person files a legal complaint, the media has access to it, right?
Wilson: Generally yes.
Srebnick: And if a case makes it all the way to trial, that also is public, right?
Wilson: Yes, trials are public.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: And lawyers sometimes hold a press conference prior to filing a complaint, right?
Wilson: There are not rules prohibiting people from holding press conferences. But it is not a practice I am familiar with.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: And a lawyer can propose a settlement before suing, right?
Wilson: It's not unusual.
Srebnick: And parties can reach agreements on confidentiality?
Wilson: Yes.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: Do you recall Mr. Avenatti telling you about the rejection of a settlement offer by Kimberly-Clark
AUSA: Objection.
Judge Gardephe: Sustained.
Srebnick: So, a negotiation with a company that resulted in a jury verdict in the 100s of millions of dollars

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler [It seems that jury verdict was cut to $26 million by LA U.S. District Judge Dolly Gee and is or was on appeal. fwiw]
Wilson: He said he'd have a most favored nation clause, in which Nike would have to pay him and Mr. Geragos 2 times what we paid any other firm

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: And when you said that like in the college admission scandal, maybe some of these players didn't know about the payments, Avenatti said, Fair point?
Wilson: I don't remember that... He had said, "I don't give a f*ck about the kids," or "a sh*t"

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick turns it, asking if Nike gave a "hoot" about kids -
but an objection ends that.
Srebnick: And did you call Mr. Geragos at 6:21 pm?
Wilson: I don't recall the time.
Srebnick: Was Mr. Holmes present?
Wilson: The only speaking participant was me.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: But those present included Mr. Holmes and Mr. Peter Skinner?
Wilson: I don't remember who was there.
Srebnick: Does this refresh your recollection?
Wilson: Yes, Mr. Skinner was there. He is a partner at Boies Schiller.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler As Srebnick and AUSA Podolsky confer, Judge Gardephe declares a fast "stand-up break." ... And we're back, with Srebnick playing audio now synch-ed to the transcript, page 2, line 19:
"I think we can give a bunch of what Michael asked for, we think it's too much

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler In-court questioning resumes.
Srebnick: So you said, we think it's too much, but we are prepared to make some sort of offer
Wilson: There a difference with what I intended. By this time I was cooperating with the US Attorney's Office and the FBI.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Wilson: I had two calls with the US Attorney's Office for the Southern District. In the second they asked me to cooperate. The FBI gave me the equipment to record.
Srebnick: Did they coach you on how to record Avenatti?
Wilson: They showed me how to use it.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Wilson: I was not provided a script. I was directed to keep Mr. Avenatti talking.
Judge Gardephe: Who[m] did you speak with at the government?
Wilson: An investigator with the US Attorney's Office, and two agents.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Wilson: I didn't want to spook them, and let them know there was no way we were going to make this "deal." I was cooperating with the government.

I was saying things that were different from my intention.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: Until then, you didn't have the authority to settle?
Wilson: I was indicating that I couldn't have an answer from the company until Monday. I said the general counsel was still in Europe, to build consensus had to take into account time zones

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: Your Honor, I see it's 11:40...
Judge Gardephe: Yes, ladies and gentlemen, we'll take our mid morning recess, for 15 minutes. Please don't discuss the case.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler With jury out of the courtroom, Scott Srebnick is arguing for admission of documents showing Nike executives communicating about paying players.
Scott Srebnick: This is to impeach Mr Wilson--
Judge Gardephe: But Mr. Wilson has not said that Nike did nothing wrong

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Scott Srebnick: Wilson knows that DeBose's lawyers said that Nike had never paid players. We have evidence that is not accurate. We want to show Wilson has a bias in favor of the government...
Judge Gardephe: We are not going to pursue a broad exploration of Nike

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Judge Gardephe: But you have put into the record that Mr Wilson had a conflict of interest, trying to curry favor.
Scott Srebnick: I will confer with my brother so we comply with this. I'd like to include notes from calls the US Attorney's Office had with Boies

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick will be submitting some documents, it is unclear if they will be under seal - Inner City Press hopes not, and will oppose as possible (still no order in US v. Schulte). Now the real break - thread will resume

https://twitter.com/big_cases/status/1221840965327032323?s=19

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Howard Srebnick: Do you count four times Mr. Avenatti was asking you to set the price for an internal investigation?
Wilson: He repeatedly asked what my previous firm would charge.
Srebnick: Avenatti said, "Scott, what would you quote? We'll do with your quote."

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Wilson: At this point it was hard to keep a straight face, Mr. Avenatti had asked me so many times what Boies Schiller would charge, it was clear to me he had no idea how much an internal investigation would cost

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick, to Wilson: So they wired you up-
AUSA Podolsky: Objection!
Judge Gardephe: Sustained.
Then, after a sidebar:
Srebnick: So the FBI came you recording equipment. Did they give you instructions?
Wilson: That on my way to meeting I not engage in conversation

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: So Geragos told you USC always hire the same law firm to do a whitewash?
Wilson: I understand him to be using the term white wash in a negative, pejorative way... Boies Schiller began an internal investigation of Nike once they got the subpoena in 2017.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: Have any of the Nike employees who directed Mr. Franklin's activities been --
AUSA Podolsky: Objection!
Judge Gardephe: Sustained.
And now calls a sidebar.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: So you were playing a part in Boies Schiller's internal investigation of Nike, and so you were aware of information that Mr. Avenatti raised to you?
Wilson: Some of the information, such as that about Mr. Ayton...

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: Did you bill for your time?
Wilson: Yes, & I would note down if I participated in a call with the government.
Judge Gardephe: What year are we talking about?
[Nov 2017]
Srebnick: Let me show you a document
AUSA Podolsky: Your Honor, could we get a copy?

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Wilson: I was not aware of Mr. Franklin's flight to Phoenix [to pay $10,000 to Deandre Ayton's mother] before the March 19 meeting with Mr. Avenatti

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Srebnick: Then Avenatti says, self-disclosure is up to us. We do the investigation then Nike decides what to do with it, right?
Wilson: I heard the audio you just played.
Srebnick: Let's turn to the next clip, in the transcript page 27...

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Judge Gardephe: It's 2:30, Mr Srebnick, we're going to have to leave it there. We'll resume on Monday. Mr. Wilson, you may step down.
After he and jury leave, talk turns to what Avenatti's lawyers can ask about the Nike proffer sessions with the US Attorney

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Judge Gardephe, to defense: It has to start with you, you write down what questions you want to ask Mr. Wilson and what proffer sessions and notes you are interested in. Make that Saturday 10 am. Then Mr. Skinner will have a chance to respond, by 5 pm.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Now Skinner is complaining about Nike witnesses have to fly across the country on the possibility they would testify on Tuesday. But things are going slower than expected. Judge Gardephe says Tuesday is unlikely, highly unlikely.

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Now Judge Gardephe is reading his ruling on US Attorney's request to get into evidence Auerbach's texts to Avenatti. Sounds like a no: the request is premature, and Auerbach's reaction to seeing Avenatti on CNN isn't supported, yet, by predicates. And on it goes

@MatthewLeeICP @sdnylive @businessinsider @dcexaminer @newsobserver @nakednews @PDXBIZJournal @KTVZ @thedailybeast @sdutzeigler Pre-Super Bowl, Howard Srebnick asks Judge Gardephe who he's rooting for. Judge Gardephe says he was rooting for Green Bay, and upset by what happened in San Francisco, so he had to root for the Chiefs. We'll see... Stories soon patreon.com/MatthewRussell…