AUSA: Mr. Hicks, did there come a time that you filed a lawsuit against Mr. Milton?
Hicks: The winter of this year.
AUSA: What is the demand?
Hicks: $45 million. Under Utah fraud law, it's treble damages.
AUSA: Who contacted who?
Hicks: The government contacted my attorney.
AUSA: Did you invest in Nikola based on that [recorded] call?
Milton's lawyer Torrey Young: Objection.
Judge Ramos: Overruled.
Hicks: Yes, I invested because of the call.
AUSA: If it turned out Nikola did not have the dedicated routes, would it have changed your view?
Hicks: Yes.
AUSA: If they had no contracts to produce hydrogen, would it have changed your evaluation of the deal with Milton?
Hicks: Yes.
AUSA: No further questions
Judge Ramos: Cross examination.
Milton's lawyer Torrey Young: Mr. Hicks, you're seeking fooorty fiiive million dollars [says it slow] from Trevor Milton, correct?
Hicks: Yes.
Young: But you sold the ranch to Trevor for more than you paid, right?
Young: And you only sued after you found out that Trevor Milton was charged with a crime, right? Your lawyers called and made a threat?
Hicks: I'm not going to characterize it that way.
Young: You proposed that Trevor pay $39 million for a property you'd paid $4 million for, right?
Hicks: It was a proposal to resolve the matter.
Young: And when Trevor Milton said no, you sued, correct?
Hicks: Yes.
Young: You're a lawyer, right?
Hicks: I haven't practices law since 1984.
Young: But you have a law degree, yes?
Hicks: Yes.
Young: The phone call, it was recorded by Lucas Hicks on his phone and he gave it to the US, right?
Hicks: Yes.
Young: When the call was recorded, you were in Massachusetts and you didn't tell Trevor in Utah that he was being recorded, yes?
Hicks: I think that's accurate.
Young: It was illegal, right?
Hicks: I don't know enough to say that.
Young: You've heard of immunity?
Young: Your a real estate mogul, right?
Hicks: I wouldn't characterize it that way. I did my first land transaction in 1998.
Young: Let's play the recorded call.
[On it, Trevor says he doesn't enjoy SEC filings, that his forte is not running factories]
Young: You've heard that stock goes up and down, right?
Hicks: I have. But while I was willing to take the market risk, I was not willing to take the fraud risk. Under Utah law --
Young: Objection! Move to strike!
Judge Ramos: Sustained.
AUSA: May we approach?
There's been an argument about the prosecutors' summary charts. Milton's lawyer Brad Bondi wants reference to Milton buying hunting rifle(s) omitted "for this New York jury." They'll be referred to as "miscellaneous" expenses.
AUSA reading long list of exhibits.
Now next witness, self-described mid-level investor Mark Schonberger. He lives in Fort Lauderdale, owns a medical sales company and trades on Robinhood.
AUSA: How did you hear about Nikola?
Schonberger: Multimedia, stuff on TV
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OK - US v. Trevor Milton trial resumes, Courtroom 318 full as Mukasey crosses Nikola CFO Kim Brady, Inner City Press is covering the case & company patreon.com/posts/72326930 and will live tweet, thread below
Cross examination:
Milton's lawyer Mukasey: Let me show you the VectoIQ - Nikola document. Are these the board of directors?
Brady: Yes.
Mukasey: This was intended to educate about the SPAC process, a relatively new thing, right?
Brady: Yes.
Mukasey: And here an example is given, of Virgin Galactic, a space travel company (chuckles), space travel, right?
Brady: It's tourist flights.
Mukasey: It's owned by Richard Branson, right?
Brady: He was the majority shareholder, not involved the day to day
OK - now sentencing for 20 kilos of fentanyl of Sucre Almanzar-Alba, by Judge Ramos (just finished day presiding over #Nikola Trevor Milton). Mandatory minimum would be 10 years, but he's eligible for "safety valve." Inner City Press will live tweet, thread below
AUSA Mead: We agree he's eligible for the safety valve.
Defense lawyer Guzman: My client didn't negotiate price, he was just delivering the kilo of fentanyl. And he showed the police where the other 19 kilos were.
Defense Guzman: My client was threatened after his arrest, about the loss of the 19 kilos. He expects to have problems when he returns to the Dominican Republic.
AUSA Mead: Can I have a minute to speak to defense counsel?
OK - US v. Trevor Milton trial continues, US social media expert Dina Mayzlin being cross by Milton's Torrey Young, Inner City Press is covering the case innercitypress.com/sdnytrial12nik… and will live tweet, thread below, and tale patreon.com/posts/extra-am…
Torrey Young: Let's consider August 4 - was this stock spike caused by the earnings call?
Mayzlin: That seems reasonable.
Torrey Young: On July 29, were you aware the company posted press releases?
Mayzlin: I was not aware.
Torrey Young: Your source here was from Listen Notes dot com - did you contact them?
Mayzlin: No, it was public information.
Torrey Young: The "This Week in Start-ups" podcast, is the ranking only for the episode with Mr. Milton?
Mayzlin: No.
OK - US v. Trevor Milton trial continues, witness on the stand is saying, on direct, that Milton lied about the GM deal. Inner City Press is covering the case innercitypress.com/sdnytrial11ani… will live tweet, below - whistleblower tale here patreon.com/posts/72326930
Assistant US Attorney Roos: Play the exhibit.
Milton's lawyer Torrey Young; No objection.
Video of Milton on Bloomberg TV saying, "We provide most of this truck, absolutely.
AUSA: Was that accurate?
Witness: No.
Now audio of Milton interview with Financial Times. He says, "Nikola brings to the truck all these stuff that is delicate, all the important stuff."
AUSA: Was that accurate?
Witness: No. For example, the over the air updating would be coming from GM, their servers
OK - US v. Trevor Milton trial continues, now #Nikola social media boss Anzallag on the stand, Bondi objecting to everything, unsuccessfully. Inner City Press will live tweet, thread below, as covers the case innercitypress.com/sdnytrial10nik… & tale patreon.com/posts/extra-tr…
AUSA: Did Mr. Milton comply with your social media policy?
Brad Bondi: Objection!
Judge Ramos: Overruled.
Stephanie Anzallag: No, he did not.
AUSA: Did you suggest that Mr. Milton do the podcasts along with CEO Mark Russell.
Anzallag: Yes. But Trevor said he preferred to do it solo.
AUSA: Are you aware of Tesla Charts?
Anzallag: Yes, a pro-Tesla podcast. Trevor told us he wanted to do it.
All rise!
AUSA Estes: Yesterday you were asked about the Badger... This email calls the Badger a distraction. What was your understanding of that?
Russell: It would be a dilution of our focus.
AUSA: How so?
Russell: A pick-up would require time and money.
AUSA Estes: Mr. Russell did you have a concern about all this?
Milton's lawyer: Objection! Leading!
Judge Ramos: Overruled.
Russell: Yes, I was concerned.