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SDNY COURTHOUSE, June 27 – Just after the indictment of electric vehicle maker Nikola's founder Trevor Milton was unsealed on July 29, 2021 a press conference was held in the Southern District of New York prosecutors' office. Inner City Press went and asked about the SEC complaint's reference to Milton targeting "Robinhood investors." Video here.

  US Attorney Strauss and her SEC colleague (on the job for all of one week) both deferred comment on particular companies or phenomena like Robinhood, or Elon Musk, or SPACs. But it seems there will be more prosecutions coming - including in the crypto-currency space?

  On September 15, the assigned District Judge Edgardo Ramos held an oral argument. Milton wants to move the case to Utah or Arizona, with a sealed motion. (Manafort's lender Steve Calk asked the same, to move to Chicago, which was denied). On September 15 Inner City Press live tweeted here (and podcast here)

 In March 2022, Milton withdrew his Second Circuit appeal of venue. On March 22, the US Attorney's Office filed a joint schedule: "Dear Judge Ramos: The Government respectfully writes to advise the Court that the parties have, following the dismissal of the defendant’s interlocutory appeal, conferred and agreed to a revised schedule with respect to the exchange of certain material and information prior to and during trial pending confirmation of the currently scheduled trial of July 18, 2022, as a firm trial date by the committee of the Southern District of New York charged with assigning trial dates. 1 The schedule is as follows: June 6, 2022: The Government provides to the defendant material covered by 18 U.S.C. § 3500, including material pursuant to Giglio v. United States, 405 U.S. 150 (1972). Full letter on Patreon here.

On June 20 - Juneteeth - Milton's lawyers filed their proposed voir dire questions for jurors, and their request to charge. They want jurors asked if any relative or close friend ever worked in the automotive or heavy trucking industry? Any experience in hydrogen fuel cell or battery technology? Are you a risk taker? Are you short seller? What platforms do you use to trade - E*Trade, TD Ameritrade, Charles Schwab, Robinhood..."

On June 22, the prosecutors informed Judge Ramos of a superseding indictment with a new charge: "The Government respectfully writes to advise the Court that the grand jury returned a superseding indictment earlier today in the above-referenced case, and to request that time be excluded under the Speedy Trial Act until the trial date of July 18, 2022." New indictment on Patreon here.

Then Milton asked for a 30 day adjournment and Judge Ramos set a hearing. The US responded that as a courtesy they would agree to a week, no more: "the Government would not object to a one-week adjournment of the trial, no delay is warranted and certainly an adjournment of greater than one week would be contrary to the 'ends of justice. Letter on Patreon here.

The government followed this up in Sunday letter docketed on Monday, June 27: "Dear Judge Ramos: The Government requests that the Court impose a deadline of July 1, 2022, for the defendant to provide clarity to the Government and the Court regarding whether the defendant intends to pursue an advice of counsel defense, and the precise subject matter about which he will assert that defense. As set forth in the Government’s motions in limine (Dkt. No. 121 at 21-22), in recognition of the practical and logistical difficulties of addressing advice-of-counsel notice, disclosure, and legal issues mid-trial, courts have routinely required a party considering whether to mount such a defense to give notice of its decision before trial." Full letter on Patreon here.

Later on June 27, Milton's counsel reiterated that a 30 day adjournment is needed: " demand a sharp pivot in trial strategy, which to date has  focused on so-called “retail investors” who bought stock on Nasdaq allegedly based upon Mr.  Milton’s public statements on “social media and in television and podcast interviews” and on  Mr. Milton’s alleged motive to increase the price of Nikola stock. See Indictment ¶¶ 22, 26.  Those public investors, unlike the private seller of the real property in Count Four, had no direct  interactions with Mr. Milton. Defense counsel must investigate, subpoena documents from  entities and individuals outside this district, and possibly retain experts concerning the value of  the real property, the authenticity of a key piece of evidence produced by the government, and  the pricing and practices of block stock sales and options in a private transaction. Motions  challenging the new charges based on, inter alia, a lack of venue, also must be considered.  There are additional issues that defense counsel must explore fully and discuss with Mr.  Milton concerning the new count. The government recently produced emails between counsel to  the individual described in Count Four and corporate lawyers at defense counsel’s law firm  relating to the options and/or the block stock sales, suggesting at least some possibility that  lawyers from the same law firm defending Mr. Milton at trial could be called as fact witnesses  relating to the alleged conduct “designed to lull.” Although these emails – and other lawyer  emails that the government has not produced – may simply be ministerial in nature, counsel is  unable to say at this early point without appropriately exploring and considering these issues.  A continuance of 30 days is warranted."

 Inner City Press will continue to cover the case.

Back on July 29 at 12:30 pm Milton was presented before SDNY Magistrate Judge Sarah Netburn, and freed on consent, on $100 million bond. Inner City Press was in the Magistrates Courtroom and live tweeted it, here: (and podcast here)

From July 29:    Lawyers whispering about a property in Utah. Seems he'll be freed on bond.

In the front: Milton and four defense lawyers. Three  @SDNYLIVE  prosecutors, including Jordan Estes and Nick Roos. Two Marshals. Awaiting Magistrate Judge Netburn.  All rise.

Milton surrendered at 8 am. Case is assigned to District Judge Edgardo Ramos (who's also in One Coin cases.)

Milton pleads not guilty. Freed on $100 million bond. Less than Tom Barrack's $250 million

Milton can travel Utah, Wyoming, Idaho, Arizona, Virginia and DC (for lobbying?) No contact with investors unless Milton has a relationship with them. Morgan, Utah property appraised over $30 million (contrary to the Pre Trial Services report)

Milton's lawyer says his income is down, no $50 million in bank. Judge Netburn approved free today on $100 million bond. Surrender guns.

 The case is US v. Milton, 21-cr-478 (Ramos)

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