Thread by @innercitypress

OK - US v Avenatti, Nike extortion trial, closing arguments today. Inner City Press cover last night's charging conference past 7 pm patreon.com/posts/33922606 and will be live tweeting during the closing arguments - thread

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Judge Gardephe is in: "I made two substantive changes to the jury charge, including the definition of property" (see patreon.com/posts/33922606) "and whether Mr. Avenatti believe whether action would be favorable to Nike....

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Judge Gardephe: "I've inserted that he believed action would help Nike avoid harm... Now, is defense still trying to introduce the messages about Theranos--"
Scott Srebnick: Judge, we are objecting to that new language.
Judge Gardephe: It reflects the evidence

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Judge Gardephe: On the Theranos searches, how much was Boies Schiller paid -- the defense has tried to introduce evidence about David Boies and the collapse of Theranos, which is utterly irrelevant here.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Avenatti's lawyer Danya Perry says Avenatti was brought into the courtroom only just before Judge Gardephe, asks for time to confer. Judge Gardephe grants it.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky says he may go more than an hour and a half.
Judge Gardephe: You didn't want me breaking in in front of the jury? (chuckling)
Podolsky: That would be my preference.
[Programming note: US Attorney Berman has scheduled at 11 am press about Larry Ray]

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Danya Perry suggests that the jury charge state that Gary Franklin on Feb 7 said he heard Nike made a counteroffer, but that it wasn't true so it is not the case that Mr. Avenatti did not convey the offer to his client

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Podolsky: Your Honor, we would like you to not highlight it
Judge Gardephe (loud voice) WHAT DO YOU WANT ME TO DO? THIS IS A CRITICAL ISSUE, WHETHER NIKE MADE AN OFFER. There's testimony they did, and everyone here knows its false.
[Government confers. Cowers?]

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Judge Gardephe: It's not going to come through the jury trial, it's going to come right now.
AUSA Sobelman: If the defense agrees to a stipulation we'll type it up as quickly as possible.
Danya Perry: We agree there was no counter-offer.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Judge Gardephe: OK I'll give an instruction that neither side contends Nike made a counter offer. Let's bring out the jury.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Now in front of the jury, Avenatti's lawyer Danya Perry is reading into the record exhibits being admitted into evidence, including that in Avenatti's briefcase were false invoices of payments to Bol Bol and others.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Now into evidence: an article about Adidas scandal, Gasnola used by SDNY to convict [ex-Nike] Jim Gatto, Merl Code, Dawkins.

[Not mentioned: Marty Blazer, whose time served sentence Inner City Press covered this month @SDNYLIVE innercitypress.com/sdny30ncaa1bla…

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Danya Perry: Last item from the briefcase. Memos from Jeffrey Auerbach, call with John Slusher. Paragraph 2: There was ongoing corruption by Debose and James and they brought it into Cal Supreme. Para 6: Gary wants justice, to get rid of corruption

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Danya Perry enters into evidence a stipulation: "Mr Franklin recalled the Mr. Auerbach walked Mr. Avenatti through a PowerPoint presentation that Mr. Auerbach has made."

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Now Dayna Perry highlights to jury some messages, from Mr. Auerbach to Mr. Avenatti: Go get them. To which Mr. Avenatti replied, We need to take care of Gary.
And from Mr. Avenatti to Geregos.
Finally, a stipulation about iCloud.... Defense offers HHH and III.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Danya Perry: III has searches about Gary Franklin, Boies Schiller, internal investigations, cost, a small redaction, then Nike, Adidas and New York Times, Scott Wilson.
The web results HHH: line 3945, about whistleblower rules. 4536: Dawkins NYT. 4721: Adidas

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Judge Gardephe: Does the defense rest?
Danya Perry: Yes.
Judge Gardephe: Does the government have any additional evidence?
AUSA: No.
Judge Gardephe: Ok, now the closing arguments.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky begins with audio:
"Have you ever held a clients balls your in hands when you can take 10 billion dollars in market cap off?"
AUSA Podolsky: That is extortion. & what he did to Gary Franklin was fraud. Michael Avenatti, facing debt, saw a meal ticket

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Now Podolsky plays audio of Avenatti saying, "So it is in the company's best interest to avoid this."
Podolksy: The threat was clear: to hold a press conference to damage Nike's value.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolksy: What was Avenatti demanding? A payoff for Franklin so he would think Avenatti was helping him. And $12 million for Avenatti himself. Here's how Avenatti gave this demands himself:
Avenatti March 20: "If you don't want to do that, we're done."

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Podolsky: And here's the March 21 demand: Avenatti: "That's going to be deemed earned when paid."
AUSA Podolsky: Avenatti said "a few million dollars doesn't move the needle for me."

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: Why did Avenatti demand a minimum of $15 million? It's that Avenatti wanted to get paid. That's what this scheme is about. Let's got back to the in person meeting.

[Inner City Press uploaded the video here:

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: Let's go back to the clip I played at the beginning. ['Balls in your hand' clip] This was extortion. Let me ask you, how many jobs have you applied for when you've said, Hire me because I can hurt you?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolksy: This wasn't a legal negotiation. This was about the defendant getting money right now. Avenatti mentioned that it was the eve of March Madness and a Nike earnings call.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: Here is Ben Holmes, he said Avenatti also mentioned that it was the day he was prepared to blow this thing open.
Here's a text, With March Madness the timing could not be better.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: And they remembered Avenatti saying, I don't give a f*ck about the kids. I have kids, you have kids, those kids made their choices. We need to get this done now.
Ben Holmes quoted Avenatti, I don't give a sh*t about the kids.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: He never said "lawsuit." He never said "complaint." Never talked about suing Nike. No lawsuit was ever found on this computer.
Gary Franklin's testimony alone convicts Michael Avenatti. Franklin had has issues with Carlton Debose and Jamal James.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: The defendant had his own agenda. He told Franklin he get him whistleblower protection, get Debose and James fired, and a million dollars.
But then Avenatti asked Nike to be hired. Then he gave Franklin and Auerbach 6 minutes of his time.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: Franklin testified that Avenatti told them he'd told Nike they have a f*cking problem.
What didn't he tell them? That he'd asked to hired.
He's asked for $12 million. And he offered complete confidentiality for $22.5 million. Franklin got 9 minutes

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolksy: Why doesn't Avenatti tell Franklin anything about his demands? Frankin quoted Avenatti, Things are going well, I told them we're not f*cking around. But Franklin wasn't told what going well meant.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: Franklin didn't want to stick up Nike, Franklin wanted to work with Nike.
Avenatti's lawyer: Objection!
Judge Gardephe: Overruled.
AUSA Podolsky: What Gary Franklin most wanted was to get his team back.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: He calls Rebecca Ruiz. She was the New York Times reported Avenatti threatened he would go to if Nike didn't give into his demands.
And he didn't tell Gary Franklin.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: Does it make any sense that Gary Franklin would want Michael Avenatti to get hired? Of course not.
The defense tells you Gary Franklin wanted justice. But Gary Franklin told you he wanted his team back and 2 Nike officials removed.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: Scott Wilson has conducted many internal investigations. And he said Avenatti's was a a strange request, a conflict of interest.
Avenatti has been a lawyer for 20 years. He took ethics classes. So why did he not tell Franklin? He knew it was wrong

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: I'm going to give you a bonus slide, about the mounting debt. I expect Judge Gardephe will tell you that intend is not an element. But consider this stipulation, Gov Exh S4: a civil order in California against Avenatti, March 1, 2019.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: Another $2 million Oct 2018, not paid by March 2019. All told $11 million. His office manager told you his law firm was collapsing, had been evicted from its office. "Kind of like he saw the light at the end of the tunnel."

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: You heard whether Mel McDonald is a handler or not. It doesn't matter... There is nothing in this PowerPoint about an internal investigation. And Scott Wilson did not suggest the price, he *replied* "ten to twenty million."

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: Now just a little bit on honest services fraud. The evidence is the same. What he did was also a request for a bribe, and that is a crime. I've been going on for some time.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: I'm about to sit down. Mr. Avenatti took advantage of Mr. Franklin. He used what Franklin told him to put Nike in a position to cough up money. But they didn't give in to that. They went to the FBI.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Podolsky: This is a case about betrayal of trust, and a shakedown. Anything to distract you from the recording. You will now hear summations from two of Avenatti's lawyers, I expect.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews After Howard Srebnick reiterates his objection to AUSA Podolsky's use of the word "stick-up," Judge Gardephe calls the lunch break. Avenatti will have two lawyers doing his closing arguments this afternoon. Inner City Press live tweet patreon.com/posts/33922606

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Judge Gardephe: Ladies and gentlemen of the jury, we'll now hear the closing arguments of the defendant.
Scott Srebnick: Michael Avenatti undertook a voyage for justice. That's unmistakable from the evidence. Mr Franklin and Mr. Auerbach wanted to drop the bomb

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Why are the text of Gary Franklin and Jeff Auerback not a distraction? Because they are the best evidence of what they wanted. We had to bring it out on cross examination. This is not a distraction - it's an extraction. And extraction of the truth.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: That Nike directed Gary Franklin to pay handlers is not disputed. $29,000 to Mel McDonald. Falsify invoices. Mr. Podolsky didn't even dispute it. Invoice for $60,000 for a Cal Supreme back to school event - it didn't exist, Franklin said.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Another fake invoice, middle school challenge, not in dispute. In 2017, Cal Supreme was stripped of its 17 and under team because Brian Freedman, parent, and Mel McDonald wanted to take over, put son and Bol Bol on

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: So Gary Franklin started recording his phone calls. September of 2017, the SDNY indicted a former Nike EYBL director named Merl Code. And Jim Gatto. It was a scandal. The same office prosecuting Avenatti subpoenaed Nike

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Nike was looking at the same problem that Adidas faced. 2018: Gary Franklin reaches out to Auerbach, who described himself as president of company linked to Nike co founder Phil Knight.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Auerback says he brought about the production of Jerry McGuire. And said he had a relationship with Nike's John Slusher. Auerbach is telling Gary Franklin, let's go to John Slusher

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Auerbach said, Let's get some justice, from John Slusher. Gary Franklin says, Yes. But by October 9, 2018, they still hadn't done to Slusher. This is nine days after Franklin had been canceled by Nike.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: January 9, 2019, Franklin reaches out to another lawyer, Copeland, tells him he wants to inform Nike senior management about corruption. Franklin wanted to demand the immediate termination of Debose and James, and report to FBI

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Gary Franklin said he wanted new management installed at Nike. Those are buzzwords for an internal investigation. That's what he wanted.
Auerbach tells Franklin, It's time to really scare them with the truth. This is January 2019.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Auerbach decides he'll reach out to Debose and James, not Slusher. Auerback tells Franklin to record the call with Debose. From the witness stand now they say there was no urgency. But the messages at the time say different.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: So Auerbach communicated to Debose. He said, "You know the truth, and the truth will set you free." Dubose says, "good luck," blows him off.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Now Gary Franklin knew that Debose and James were not going to help him. So Auerbach tells Franklin that he'll finally tell Auerbach he's willing to fall on the sword to get justice.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: So here's Auerbach's memo, that he wanted to inform Slusher and Phil Knight about the corruption brought by Debose and James, fake invoices, payments to handlers and family of players, similar to Adidas case

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: The memo says Slusher asked, What does justice look like, firing Debose and James? And Auerbach replied, For starters. But Slusher declined to even meet with Gary Franklin. He referred everything to outside counsel Boies Schiller.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: So it got personal, from Feb 11, 2019. Auerbach wanted a law firm to go after Nike. Auerbach tells Franklin, your claim is against Nike, not Debose and James.
There was a racketeering lawsuit against Adidas, by Bowen. Auerback send it to Franklin

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Now Auerbach is sending Franklin 100 videos of Michael Avenatti seeking publicity, "doing what Michael Avenatti does." Everyone had seen it on TV for a year.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Michael Avenatti - he's hard charging, he's abrasive, that's why Auerbach sends videos to Franklin. Feb 14, 3 days after Auerbach is blown off by Slusher, he tells Franklin, this is a percentage case, and other factors I'll discuss with you later

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Auerbach was asked about his statement, We will appeal to their sense of justice and duty. He tried to say their meant Nike. But then he had to admit it meant the lawyers. That he wanted to light the fuse. How do you do that in private?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: So there's a big question, Why has DOJ not indicted Nike? How do you answer such a question? You expose. Jeffrey Auerbach said, now I have to devise a strategy to go after Nike. They have to "get rid of the crooks... or they need to be exposed."

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: A year late, Franklin and Auerbach are claiming they wanted diplomacy. But it's not true. Here you see evidence of a 7 minute call. Yesterday the government's summary witness Rosenman told you cell phone calls were not included in his chart

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: AUSA Podolsky told you how little time Avenatti gave to Gary Franklin. But here is the list of cell phone calls. It's more than the government showed you.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: March 5 - Auerbach and Franklin meet Avenatti at Avenatti's residence, his office. The notes say corporate bullying and racketeer... That means internal investigation. You'll hear from my brother when he makes his closing arguments

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Auerback gives Avenatti documents: the Slusher memo, "Gary now wants justice." The Bowen racketeering lawsuit. A light the fuse lawsuit.
Then Auerbach walked Avenatti through the PowerPoint, Gary Franklin versus Nike. That's the message: lawsuit

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Auerbach wrote to Avenatti: Is this a case of rogue executive or does it go higher? Is Nike a company that tolerates work place abuse?
This requires investigation.
Auerback's third question: Is Nike's enterprise a racket?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: Here Gary Franklin tells Auerbach he'd rather get the bigger settlement. Auerbach said, let's let the first round of negotiations play out Avenatti's way. & Franklin said, OK, Gotcha, with a smiley face emoji.
Scott Srebnick: That's authorization.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: March 19 the meeting happened. Then here's a call for 6:44 seconds. It's longer than you think. But all Gary Franklin & Jeffrey Auerbach will tell you about it is that Avenatti said, it's going great, I told 'em I'm not f*cking around.
That's all?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Scott Srebnick: My brother is now going to speak to you.
Howard Srebnick: For the reasons my brother has just explained, Michael Avenatti had every reason to believe he understood the goals of his client: justice, executives fired, an investigation.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: Mr Avenatti wanted to light the fuse. That's what Mr. Auerback told him they wanted. On March 19, he met Wilson, a former prosecutor, Mr. Holmes the young lawyer taking notes... and a colleague Mr. Geragos who had a high profile NFL client

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: Avenatti was authorized. He did not commit extortion.
The discussion with Copeland showed legal fees would be paid by Nike. The Bowen lawsuit provided for attorneys fees.
& Nike offered Franklin nothing. There was nothing for Avenatti to convey

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: Gary Franklin could have gone to Boies Schiller without a lawyer, and could have said, I got squeezed by the bullies at Nike who made my pay money to players. But he sent Michael Avenatti.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: Simply going in there saying Mother May I wasn't going to do it. That hadn't work. Avenatti using 4-letter words doesn't make it extortion, or honest services fraud.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: Let me turn the clock back. Avenatti contacted Geragos, who said, Did I mention, my relationship with the Nike general counsel is great.
Then Avenatti was on guard against Boies Schiller's bias - they would never step aside for an investigation

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: The witnesses suggested that on March 19, Mr. Avenatti did not lay out Gary Franklin's claims. Not so. He raised the bogus invoices. I had to take Mr Holmes, the scrivener, the younger laywer, through it: the payments to Manning...

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: Mr. Avenatti raised communications about paying the mother of a player, with structured cash payments, in Phoenix... And the Nike side never denied it, never disputed it.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: When the Nike lawyer with the stock options says, We have to look at Gary Franklin's contract, that's music to Avenatti's ears. He makes his living taking on corporations for mistreating employees.
AUSA: Objection!
Judge Gardephe: Overruled.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: Nike had a strategy: we're going to run to the US Attorney's office and get ahead of Michael Avenatti.
Gary Franklin could have yelled about it on the courthouse steps, in the You-Knighted States (phonetic).
It was all a set up to get Avenatti.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: All Rule 408 means is that they were settlement negotiations. We are not claiming immunity.
Well within reason that Mr Avenatti believed, They came to me to light the fuse.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: Avenatti had his doubts about Boies Schiller leading an investigation, as they had for a year and a half and Debose and James were still there?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews I digress: the government brings up Avenatti's debts. But there's no evidence Mr Geragos had debt.
AUSA: Objection
Judge Gardephe: Overruled.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: For Mr. Geragos and Mr. Avenatti to do the investigation, any conflict of interest could have been waived.
Avenatti was not going to go up against a tiger without showing he could actually fight it.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: In business, people create urgency. Does a car dealer say, come back next week? Is was in the client's interest to create urgency.
There is no evidence these would have been secret. They were coming from a Fortune 100 company.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: Mr. Avenatti is charged in three counts: two extortion and honest services fraud. Unless you think this was going to be a secret payment, he's not guilty.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: So why did Auerbach & Franklin testify contrary to their writings? Franklin is not a man of many words. To say they were not expecting Avenatti to be Avenatti, it's not credible. If Avenatti reasonably believed he was authorized, not guilty.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Howard Srebnick: Avenatti was on a mission for his client. He went into those meetings, in the words of Nike itself, to Just Do It. I said, I'm Avenatti, you'll settle or I'll do public.
Judge Gardephe calls a short break before US rebuttal patreon.com/posts/33922606

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews [Before jury comes back] Judge Gardephe to AUSA Richenthal, If I think you're wasting time, I'll tell you. If not, you'll complete your argument.
"All rise!" Jury comes back in.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Richenthal: "You're going to settle the claims of my client or else I'll be public with the claims" - did Michael Avenatti say that? No!

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Richenthal: Avenatti traded his client's interest for his own desperation for money. The demand was pay me millions or I will destroy your company.
Let's call up the settlement agreement.
(Delay).
It's coming, I promise. We're going to find it.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Richenthal: Avenatti hung up on his client. And then he called a New York Times reporter. Three times. The FBI is at his client's door. But he calls the NYT.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Richenthal: The truth here is that Mr. Avenatti defrauded his client. Let's call up Government Exhibit 301. They want you to believe that by despair, Auerbach was referring to Avenatti's debts.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Richenthal: I am not knocking defense counsel. To defend their client, that is their duty --
Judge Gardephe: Don't talk about their duty. Just make your argument.
AUSA Richenthal: It is their job. I am not knocking them.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Richenthal: You have only to decide whether Avenatti did it. Not Mark Geragos. Not John Slusher. Not Carlton Debose...
There is no other way to understand why he didn't tell Gary Franklin other than that Avenatti knew it was wrong.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Richenthal: You can't threat anyone for money you are not entitled to and then say, I would have asked my client later. He's calling Rebecca Ruiz multiple times. Then he sends a Tweet. [AUSA swigs water.] March 25, he hangs up on Gary Franklin.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews AUSA Richenthal: Avenatti at a desperate time betrayed his client, threatened a public company to line his pockets. This trial is not about his past or future.
Judge Gardephe: We'll break for the evening. I'll instruct you on the law tomorrow.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @LvilleSprtsLive @newsobserver @WashTimes @nakednews Judge Gardephe (with jury gone) - I'll ask the parties to get the exhibits together to send in to the jury tomorrow.
Stories soon (must run to Magistrates Court first - Larry Ray presentment, if it hasn't already happened) patreon.com/posts/33922606