Thread by @innercitypress

OK - US v. Avenatti / Nike extortion trial Day 4, Boies Schiller's Scott Wilson still on the stand being cross examined by Howard Srebnick about Avenatti's "draft settlement agreement." patreon.com/posts/33695867 Inner City Press will continue to live tweet: threat

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Howard Srebnick is questioning Nike's outside counsel Scott Wilson about the draft agreement: scribd.com/document/44516… and video. Inner City Press published Jan 31:

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Howard Srebnick: When parties are negotiating settlement of claims, the lawyers can negotiate either a specific release or a general release, right?
Wilson: I ever had any experience with this type of thing. This draft didn't address any particular claim.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Howard Srebnick: A general release would be more beneficial to Nike, correct?
Wilson: If Mr. Franklin had claims, yes... It's hard for me to take my lawyer's hat off. I prefer a specific release, otherwise the other side can argue the release was just boilerplate

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Wilson: Any claims that Mr. Franklin may have had were never articulated to me by Mr. Avenatti.
Srebnick: "the total sum of 'bracket'" - do you see that?
Wilson: That was the change.
Srebnick: Initially it said $1.5 million?
Wilson: Yes, that's my recollection.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Srebnick directs Wilson to where he said, among other things, "Well as Mark will know from his dealings with the company, this may be the least important thing we discuss, but Oregon law is virtually all they’ll ever put in any of their contracts."

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Srebnick zeroes in on this statement by Wilson: "Yeah, the company will need to- if the company makes multi- million dollar payments - the auditors will need to be able to-"

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Now Srebnick is asking Wilson about the government subpoena Nike received.
Srebnick: Do you see where it asks Nike to refrain from disclosing it received the subpoena?
Wilson: What's what it said.
Srebnick: But Nike was obligated to disclose documents?
Wilson: Yes

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Srebnick: And it says the subpoena is in connection with the investigation of a suspected felony?
Wilson: Yes.
Srebnick: And the subpoena commands Nike to cooperate, and names several Federal criminal statutes, including bribery, and fraud, right?
Wilson: Yes

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Srebnick: And it includes money laundering and the Travel Act, right?
Wilson: Yes, Section 1952.
Srebnick: And it was from the US Attorney for the SDNY?
Wilson: That office, yes... It struck me as fairly routine.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Srebnick: Did it make your pulse go up?
Wilson: No, this is what I do for a living. It did not raise my pulse.
Srebnick: When you say Nike cooperated, it went above and beyond what the subpoena required?
Wilson: We provided additional documents, and met in person

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Srebnick: Did your internal inquiry involve speaking with DeBose and Jamal James?
Wilson: Yes.
Srebnick: About them issues directive to pay money to a first round draft pick?
Wilson: Those two gentlemen were interviewed and there were many communications with SDNY

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Srebnick: Boies Schiller told the prosecutors there was no instance in which Nike directed to pay money to a player? Does this refresh your recollection?
Wilson: I can't read it. It is not my handwriting... It's possible we told SDNY we had not seen evidence yet.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Srebnick: In 2018, did you tell prosecutors that DeBose or James directed Gary Franklin to fly to Phoenix to pay a first round draft pick?
Wilson: I was not aware of the allegation Mr Franklin paid Ayton.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Srebnick: Have you rehearsed your testimony with SDNY?
Wilson: I met with them but I did not rehearse.
Srebnick: You met with them June 26, 2019.
Wilson: I remember last summer, not the date.
Srebnick: And Dec 19, 2019? And Jan 10, 2020?
Wilson: I don't doubt it.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Srebnick: And Jan 24, 2020? Jan 26?
Wilson: That was the date.
Srebnick: The same office is investigating Nike as doing this prosecution?
Wilson: Same office.
Srebnick: And you declined to speak with me?
Wilson: Correct.
Srebnick: Nothing further.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes AUSA Podolsky (re-direct) - When a company retains a law firm to do an internal investigation, is it for the government? Does the government have more access?
Wilson: US can use subpoenas, they can do wire taps.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Podolsky: Is it in a company's interest to not provide the US with information?
Wilson: No. Even if something bad has already happened, if company cooperates it earns them some credit.
Podolsky: What does cooperation mean?
Wilson: Giving additional documents...

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes AUSA Podolsky: What do you think the government's reaction would be to a company hiring for a probe the lawyer of a particular participant?
Objection.
Judge Gardephe: I'll see the lawyers at the sidebar.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Wilson (sidebar's over) -- I'd think Justice would object on conflict grounds.
AUSA Podolsky: Let's look at the subpoena, Defense Exhibit oh-oh. You were asked if you pulse raced. Is this the only subpoena Nike has received--
Srebnick: Objection.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes AUSA Podolsky: How often does Nike get grand jury subpoenas?
Wilson: Frequently.
Podolsky: On what topics?
Wilson: Its own conduct, that of its business partners, athlete, sponsors, personal activities employees...

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes AUSA Podolsky: Who asked you if you have ever held the balls of your client in your hands where could take billions of dollars of market cap off?
Wilson: That was Mr Avenatti.
Podolsky: Nothing further.
[During break, this Saturday "song" - soundcloud.com/innercitypress…

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes In Avenatti trial: next witness is Auerbach.
AUSA Sobelman: Can you identify Mr. Avenatti?
Auerbach: He's standing up, right over there.
Sobelman: Who is Gary Franklin?
Auerbach: The founder of California Supreme; we are friends, and advise him pro bono

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes AUSA Sobelman: Who created this memo of actions about Nike?
Auerbach: I did.
Sobelman: Who is Ayton?
Auerbach: He is with the Phoenix Suns.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @nakednews @PDXBIZJournal @WashTimes Auerback: I listed payments to Deandre Ayton's mother, to Shaun Manning...
AUSA Sobelman: What did you list here?
Auerbach: A falsified invoice, and a bank wire payment.

In #SDNY courtroom 110, as Auerbach quotes Avenatti dropping the F-bomb, Avenatti at defense table in suit shakes his head, takes notes. Cross examination of Auerbach should be something else. Now back to Lev #Parnas proceeding in 318

Now Auerbach is recounting when he learned Avenatti was arrested.
AUSA Sobelman: What did you do after you learned he was arrested?
Auerbach: I texted Avenatti.
Sobelman: Did he contact you?
Auerbach. Yes. By text and call after he was let go that day.

Sobelman: Did you return the defendant's call?
Auerbach: No. After what was being said on the TV, that there was another attorney involved that we'd never heard of, I figured there was no way he could talk back--
Judge Gardephe: Sustained (sua sponte).
Sidebar

Avenatti's lawyer (neither Srebnick), to Auerbach: When Mr. Franklin told you he paid Melvin McDonald, did he tell you who he was?
Auerbach: Deandre Ayton's handler.
Avenatti's lawyer: And to Shaun Manning?
Auerbach: Handler of Brandon McCoy.

Judge Gardephe says "it's 4:30," lets the jurors go for the day. "Mr Auerbach, can I ask you to vacate the courtroom, please?"
AUSA Sobelman: The document is hearsay--
Judge Gardephe: You put the document into evidence. He has the right to read it, page after page

Judge Gardephe: If the document's irrelevant, why did you put it into evidence? I don't have it on my screen anymore but it referred to paying $5000, $10,000, and $15,000.. Now I'm going to rule on Mark Geragos' proffer sessions.

Judge Gardephe: Geragos has been referenced as an unindicted co-conspirator... He was clearly CC-1... He statements reek of self-interest, designed to exculpate him. They are also not relevant here. No conspiracy is charged here.

Judge Gerdephe: Some of Geragos' statements are inculpatory of Avenatti. Not admissible under Rule 807.
And other issues?
"None from the government, your Honor." Stories later -
Back to US v. Schulte jury (alternates) selection:

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