Tim Leiweke Criminal Case: OVG CEO’s Attorneys Ask Court to Postpone Trial

Attorneys for Tim Leiweke are asking for much clip to hole the defence of the erstwhile Oak View Group (OVG) main enforcement and arena developer successful his national transgression proceedings successful Austin.

Criminal defence lawyer David Gerger filed an 11-page question connected Friday (Oct. 10), requesting that presiding Judge Susan Hightower postpone the December 2025 proceedings day to astatine slightest October 2026. Gerger argues that Leiweke’s ineligible squad needs further clip to reappraisal astir 7 cardinal pages of grounds produced by the government.

The filing besides outlines what could beryllium Leiweke’s aboriginal strategy to person the Department of Justice’s lawsuit dismissed, claiming prosecutors are misapplying the instrumentality successful what the defence calls a misguided prosecution of an accomplished arena executive.

On July 9, the DOJ’s Antitrust Division unsealed an indictment accusing Leiweke and the enactment of Legends Hospitality of conspiring to rig a bid to make the Moody Center successful Austin for the University of Texas. Prosecutors allege Leiweke colluded with then-Legends CEO Shervin Mirhashemi to forestall Legends — partially owned by Dallas Cowboys proprietor Jerry Jones — from submitting a competing bid for the arena project.

OVG agreed to wage a $15 cardinal punishment nether a non-prosecution agreement, portion Legends agreed to wage $1.5 million. Leiweke faces a azygous complaint of violating Section 1 of the Sherman Act, which carries a maximum condemnation of 10 years successful situation and a $1 cardinal fine.

“We accidental that is not true; that OVG won the declaration by competition, not collusion, and provided a world-class arena astatine fantabulous presumption for the University,” Gerger writes. He argues that OVG “could not itself supply each the services needed to physique and run the arena, truthful it had to enactment unneurotic a team. Legends was not an arena developer but wanted to supply definite services to the arena specified arsenic nutrient and beverage concession stands.”

That favoritism is key, Gerger continues, maintaining that Legends was not a rival to OVG successful 2017. “Even Legends has told DOJ that it was not successful the arena improvement concern during the applicable time,” helium writes, noting that Mirhashemi testified earlier a expansive assemblage that “Legends would enactment the development-led bid for this task by OVG successful lieu of supporting and providing services for different developer’s bid.”

“According to the government, an arena developer whitethorn not hold that its ‘teammates’ oregon subcontractors volition enactment its squad and not articulation different ‘team’ to bid against it: that is an unlawful ‘restraint,’” Gerger writes. “Our probe shows that mentation is incorrect connected the law, and courts person rejected specified ‘literal’ readings of the Sherman Act arsenic ‘overly simplistic.’”

Gerger besides points to a 2024 DOJ reappraisal of AEG’s merchantability of ASM Global to Legends, during which a Legends lawyer reportedly described the University of Texas woody arsenic “lawful” and “an due concern practice.”

Regarding the requested proceedings postponement, Gerger said he’s unsurprised the authorities is “ready for trial,” writing, “It should beryllium — it investigated this ...