Nikola
Founder Milton Wants 30 Days As Hit With
New Charge US Says Only A Week
By Matthew
Russell Lee, Patreon Video Podcast
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
June 23 – 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. The
revisions reflected in the S1
Indictment are, in sum: • A
count charging wire fraud, in
violation of 18 U.S.C. §§ 1343
and 2, has been added (Count
Four). This count concerns a
scheme to defraud in
connection with the
defendant’s purchase of 4,678
acres of property in Utah in
exchange for a combination of
cash and Nikola stock options,
based on misrepresentations
similar and related to the
misrepresentations charged in
Counts One through Three. The
proof underlying this charge
substantially overlaps with
the proof underlying the
counts in the original
indictment (and the other
counts in the S1 Indictment),
and all additional discovery
relating to this charge has
previously been disclosed to
the defendant (including the
Government’s intention to call
witnesses and offer evidence
specific to this intertwined
conduct)." 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
writes in response to the
defendant’s letter filed
earlier today (Dkt. No. 125)
requesting a 30-day
adjournment of trial. The
defendant’s request for an
adjournment is predicated on a
purported need to investigate
the conduct underlying Count
Four, which was added as part
of the Superseding Indictment
returned by the grand jury on
June 22, 2022. But as
explained below, the
allegations in Count Four are
no surprise to the defendant.
To the contrary, he has been
on notice of them since at
least March, when the victims
of the charged conduct filed
suit against him. Moreover,
the Government provided notice
of the conduct and the
evidence upon which it would
rely to prove it—all of which
would have been offered as
proof of the crimes charged in
the original Indictment—on the
same schedule to which the
parties agreed for all of the
other allegations in this
case. For these reasons,
although, as courtesy to the
defense, 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.
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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