Episode Transcript
Transcripts are displayed as originally observed. Some content, including advertisements may have changed.
Use Ctrl + F to search
0:00
This
0:00
year's been a roller coaster and not
0:02
the fun kind. Business
0:04
know. It's a dangerous time not
0:06
to know your numbers. That's why you need
0:08
NetSuite by Oracle. Over thirty
0:11
one thousand businesses have the confidence they
0:13
need. NetSuite is offering
0:15
a one of a kind flexible financing offer.
0:18
Head to net sweet dot com slash minute.
0:31
From The Wall Street Journal, this is Bad Bats.
0:33
I'm benefiting. Every
0:36
great financial bubble begins with
0:38
a Mirage. Enron and WorldCom
0:40
made their stodgy businesses look sexy. lemon
0:43
brothers flew sky high on a belief
0:45
that home prices would only go up. Theranos,
0:49
dazzled investors with claims that its technology
0:51
could change the future of how care. All
0:54
of those companies collapsed when reality
0:56
intervened. A different kind
0:58
of bubble was happening in twenty twenty. There
1:00
was tons of money hunting green investments, Capital
1:03
markets were wide open to companies that hadn't sold
1:05
anything yet. As added fuel,
1:07
there were retail investors, trading at home
1:09
during the pandemic, eagerly looking
1:11
for the next stock that could fly them on rocket to
1:13
the moon. And there was Trevor Mountain,
1:16
a man with promise. I'm gonna build
1:18
this company become the most valuable trucking company
1:20
in the world, one of the most valuable brands in the
1:22
world, one of the top, you know, maybe five
1:24
or ten greatest growth stories in American history
1:26
because I know what's coming. Trevor captivated
1:29
investors large and small, and the
1:31
moment quickly made him very, very rich.
1:33
When Nicholas stock was at its peak, he was
1:36
on the Forbes list of the richest American But
1:38
moments pass, the bubble bursts.
1:41
And sometimes, there are consequences.
1:44
Billionaire tycoon who promised to revolutionize
1:46
the truck industry with the likes of social
1:49
media platform and TV appearances
1:51
to inflate
1:51
his cholesterol. now a trial in New York.
1:53
He's charged with lying about the company's products
1:55
to mislead investors and prop up Instead
1:57
of becoming an icon of the electric vehicle
1:59
revolution, Trevor Milton became an icon
2:02
for the excesses of the frenzied markets
2:04
of twenty twenty. when Nicolas shares doubled
2:06
in value in a single day. And
2:08
this September, he went to trial on
2:10
four counts of fraud.
2:12
I am I am
2:14
a rolling tape, as they say,
2:17
in the biz. And
2:19
I'm here on the steps. of
2:21
the southern district court in Lower
2:23
Manhattan. I was there at the courthouse
2:25
covering the trial. And on the first day of
2:27
testimony, many of the people I've met while reporting
2:30
this story. the short seller, Nate Anderson,
2:32
and the whistleblower lawyer. I'm out here with Mike
2:34
Pugsley. Hey. His clients. I'm
2:36
out here with Paul Ackey. Hello?
2:38
With Mike Shout. Hi. The four
2:41
of them had spent months working together on the Hindenburg
2:43
report, but all that work had been remote
2:45
they said, a marathon of signal chat threads
2:47
and calls. And now for
2:49
the first time, they were meeting in person.
2:51
Here's Mike. I always just kinda
2:53
thought of us as pin pals.
2:56
you know. It's like meeting your pen pal after.
2:58
It's like a digital pen pal. Like, I feel
3:00
like he's an old army buddy or something. We've been
3:02
through a lot of stuff, but we haven't actually
3:04
met until a couple days ago. We were
3:06
talking standing on the steps of the famous Thurgid
3:08
Marshall US courthouse. Then
3:10
Mark pointed out the Trevor was down the block
3:12
looking at us. look towards
3:14
me like how Trevor's looking at you. Oh,
3:16
really? Okay. Yeah. That's cool.
3:18
That's interesting. So I got Trevor giving me the
3:20
stink eyebright behind my back right now.
3:23
They could Then Trevor walked past with his lawyers.
3:25
And I asked if he'd do an interview. any?
3:27
They declined. No press. Before,
3:30
during and after the trial, We sent
3:32
summaries of our reporting and questions to Trevor's
3:34
lawyers and PR reps. They never
3:36
answered our questions, but one of his lawyers
3:38
said we had, quote, inaccurately reported
3:40
on numerous aspects of mister Milton's life
3:43
without giving us any specifics.
3:46
So Trevor cited this story. He's been something I've been
3:48
left a piece together on my own.
3:50
Not long after the Kinder Morgan report came out,
3:52
his social media went dark, and he's avoided
3:54
the press since. The trial
3:56
was my chance to finally get a sense of Trevor's
3:58
version of what happened, why he said he was innocent.
4:01
In this season finale, I'll take you inside
4:03
the trial. and the version of events presented
4:05
by prosecutors and Trevor's defense.
4:08
We'll hear a secretly recorded phone call played by
4:10
prosecutors in court. and I'll talk to
4:12
some of the jurors who helped to decide Trevor's
4:14
case. To understand what
4:16
the prosecution and defense each had to do to
4:18
win, I sat down with my colleague who covered
4:20
the trial with me. My
4:21
name is Karen Ramey. I'm a
4:24
reporter at The Wall Street Journal. I cover
4:26
white collar crime and federal law enforcement.
4:29
and I've been covering courts here at the
4:31
journal for about six years. Karen's
4:32
reporting often takes her inside high
4:35
profile cases like this one. She told me
4:37
financial fraud cases can be difficult
4:39
to prosecute because the prosecutors have
4:41
to convince jurors about not just the defendant's
4:43
actions, but also their intentions. if
4:45
you have a murder case, like, you have a dead body,
4:47
and you have a gun, and the question
4:49
is often who did it. Mhmm. But in
4:51
financial crime, there's less debate
4:53
over the events in question. Like,
4:55
we all agree
4:55
that Trevor tweeted it. He sent
4:58
these emails.
4:59
But the question is, what was in his
5:01
head? When he did it? What was his state of mind?
5:03
What was he thinking? And that is a tricky
5:05
thing -- Yeah. -- like to get in somebody's head
5:07
and know what they were thinking. So a lot of
5:09
this trial was really about that.
5:12
Founders often talk a big game about
5:14
future of their companies. But in this case,
5:16
Corinne told me puffery would cross the line into
5:18
fraud if the jury's found several things
5:20
to be true. If they found Trevor lied,
5:23
if he did so intentionally and if those
5:25
lies mattered to investors. Prosecutors
5:28
had to prove all of that. And all the
5:30
defense team had to do was create reasonable
5:32
doubt about any one of those elements in
5:34
the mind of one juror. Karen
5:36
and I talked to some of those jurors after the trial.
5:39
I'm Jennifer, and I'm Drew
5:41
number six.
5:41
Jennifer Deroche from the Bronx.
5:44
She's a safety director. And Maggie,
5:47
Drew number five. Maggie Garrity. from
5:49
the upper west side of Manhattan. And what
5:51
do you do for work? I'm a freelance
5:52
bookkeeper. Oh, okay. So this is your
5:54
lane in some ways. Yes.
5:57
Exactly. So how I I'm curious,
5:59
you know what companies are supposed to look
6:01
like, I guess.
6:02
Look, I deal with very small businesses.
6:04
Sure. Right? I would
6:05
I I deal with people who can have somebody come
6:07
in once a month
6:08
and, you know, put everything in order. So
6:10
at a completely
6:11
different level, but Yeah.
6:14
I mean, there's a there
6:15
I know some bullshit when I see it
6:17
too. And
6:18
to sway these jurors, Trevor had hired some of
6:21
the most powerful defense attorneys in the business.
6:23
who have represented the likes of the Trump Organization
6:25
and Elon Musk. I was
6:27
eager to see their strategies, and as the
6:29
trial got underway, I gotta look at the first
6:31
strategy to discredit the witness.
6:34
The defense tried that with the very first witness
6:36
in the trial. Paul
6:37
Lackie, the
6:38
person behind the Nikola insider Twitter account.
6:40
Tell me what you kind of felt when you walked
6:42
into the courtroom. It was exceedingly
6:45
intimidating, but On
6:48
the other hand, there there's a
6:50
feeling of pride to be
6:52
called into one of the greatest
6:54
courthouses in the country.
6:56
and
6:58
asked to, you know, go up there and tell
7:00
the truth and the whole truth. Paul
7:02
told me that he was preparing to come to New
7:04
York to potentially play a big role in trial.
7:06
He was asked to wear a suit. That
7:09
was a slight issue. I don't know no suit. I
7:11
have a tuxedo that I got married in, and
7:14
my my wife confirmed that that would not be
7:16
appropriate to wear. So he borrowed
7:18
a suit from his dad and wore the shoes
7:20
from his wedding day. And when he was called
7:22
to testify, I remember him nervously shuffling
7:24
into the courtroom, which was a grand
7:26
one, walls of our nate, wood and stone,
7:28
feldy curtains, I remember
7:30
Trevor wearing a well tailored blue suit.
7:33
turning over his shoulder and staring at Paul
7:35
as he made his way to the stand. Absolute.
7:38
How can that be possible we've done it? The prosecution
7:40
played several clips from the Nikola one review
7:42
we talked about in episode three. They
7:44
asked Paul to compare and contrast Trevor's statements
7:46
with what Paul said he knew about the state of the
7:48
truck. It
7:49
really was just, you
7:50
know, the same story I've been
7:53
telling or trying to tell for years
7:55
just this time, you know, under oath.
7:58
When it came time for Trevor's lawyers to have
7:59
their turn questioning Paul, they tried to
8:02
cast doubt on his character and motivations.
8:04
They tried to imply to the jury that Paul
8:06
was motivated by money. They asked him
8:08
about the six hundred thousand dollars he got from
8:10
Hindenburg short and implied that he stood to
8:12
make much more if Trevor was convicted. Thanks
8:14
to Paul's participation in the whistleblower
8:16
complaint. the SEC. I
8:18
asked Paul about this later that day, and he said
8:20
something similar to what he said on the stand. That
8:22
wasn't motivated by money? he
8:24
wouldn't refuse it either. You know,
8:26
the SEC or Congress in this case,
8:28
they set up this program to to give
8:30
people a little bit of of an
8:33
incentive. And, you know, I didn't set out for any
8:35
of this stuff and I didn't seek it out.
8:37
It found me. But, you know, I'm
8:39
not gonna flush the money down the toilet.
8:41
We asked the jurors we spoke with about the defense's
8:43
line of attack on Paul Ackey, whether his
8:45
testimony was colored by the fact that he made
8:47
money off calling out Nikola. to
8:49
be there's I don't have a problem with
8:52
somebody making
8:53
money that way. I
8:56
thought he was generally, you
8:58
know, a a believable witness.
9:02
They certainly tried to embarrass him,
9:04
but I
9:06
didn't see any reason why he would be up
9:08
there lying at this point.
9:10
So the fact that he made money,
9:12
yeah, not Not
9:13
really a problem. Not at all. I
9:16
mean, Paul Acke
9:17
made up with, like, six hundred
9:19
measly thousand dollars, and then
9:21
Trevor's got, like, eight billion
9:23
valuation. Jennifer,
9:25
the juror, is referring here to the value of
9:28
Trevor's holdings at Nicholas Peak back in
9:30
twenty twenty. His net worth is much
9:32
lower now. Either way,
9:34
this argument about financial motivations
9:36
didn't seem to sway the jurors. but
9:38
the defense didn't need all of their tactics to land.
9:40
Just one, which brings me into the second
9:42
defense strategy that I found fascinating.
9:45
They argued that Trevor didn't know he was doing anything
9:47
wrong, because Nikola executives had been
9:49
cheering him on and encouraging him.
9:52
Trevor's lawyers did this with Mark Russell,
9:54
who became Nico as CEO a few months before
9:56
the Hindenburg report was published and
9:58
stayed with the company after
9:59
Trevor stepped down. He
10:01
testified for the prosecution about how Trevor's
10:03
public statements on Twitter and in interviews
10:05
raised alarms within the company.
10:07
He said the company's social media
10:09
passwords were changed, to prevent Trevor from
10:11
posting on behalf of Nikola. The employee
10:13
didn't work however, because Trevor
10:15
just instructed an employee to give the
10:17
new passwords. But during
10:19
cross examination, the defense had Mark
10:21
Russell Reid a text out loud that he'd sent
10:23
Trevor after a TV appearance. The
10:26
text read just caught your CNN
10:28
interview. You've always had a gift
10:30
for battle and the war of ideas, but
10:32
you've clearly worked and focused yourself to a
10:34
whole other level. so cool for me
10:36
to see it.
10:37
Sitting in the room during this
10:39
part of the trial, there was a palpable sense of
10:42
betrayal between Trevor and his former colleagues
10:44
in the courtroom. Jennifer, one
10:46
of the jurors we talked to, she said that
10:48
she really picked up on this tension. Every
10:50
person that he
10:53
personally knew the way he
10:55
looked at them is like, how
10:57
dare you? How could you be here?
10:59
You know? And that's made me made
11:01
it seem like it's a lot more
11:03
personal. How how could you see
11:05
that? I I mean, I it's funny you said that
11:07
because I watched was kind of sitting
11:09
behind him as Paul
11:11
came down the aisle. Yeah.
11:13
And and Trevor kind of turned over his
11:15
chair and stared at him. And I was like,
11:17
wow. It's really intensely staring
11:19
this guy down, but you could see that from the jury
11:21
box. Well, he was, like,
11:23
there. Yeah.
11:24
I'm I'm on the second row. I'm up
11:26
and I'm looking kinda like down at him. And
11:28
he's a tall guy, and
11:30
he
11:30
would lean in and just I'm
11:33
like, okay. Why are you so angry?
11:36
When the
11:37
prosecution rested and it was time
11:39
for Trevor's team to call their own witnesses,
11:41
they only called one. Expert
11:43
witness Alan Farrell. We
11:45
mentioned him in episode three. He's a
11:48
securities law professor at Harvard. The
11:50
defense was using him. It seemed to
11:52
argue that even if Trevor had misspoken,
11:54
even lied in some public statements, it didn't
11:57
matter. Because Alan Farrell said he'd
11:59
analyzed whether the stock moved when
12:01
Trevor gave interviews or tweeted.
12:03
And according to him, There were things
12:05
other than Trevor's contemporaneous statements that
12:07
could explain meaningful movements in Nikola's
12:09
shares. Things like market volatility
12:11
or analyst reports. I
12:13
asked Maggie, the jury who works as a bookkeeper.
12:15
What she thought of this strategy? Maggie
12:17
did the expert witness leave any impression on
12:19
you or
12:20
he super annoyed me because
12:22
he had set up this model
12:24
and,
12:26
you know, they kept saying the same things over and
12:28
over again. As if we were stupid, just telling
12:30
us this this
12:31
thing over and over and over again
12:34
as if
12:34
it matters because it was really
12:37
about this
12:38
accumulation of lies went
12:40
on for years.
12:41
For
12:42
Maggie, even if Alan Farrell's
12:44
analysis was correct, that no single
12:46
statement of Trevor's moved the stock on a
12:48
given day, She says she was convinced
12:50
that the sum of Trevor's statements had a
12:52
meaningful effect on the share price. And
12:54
when it came to cross examination, One
12:56
of the prosecutor's strategies with Alan Farrell
12:59
was similar to the defenses for Paul
13:01
Ackey. They asked him how much money he was
13:03
being paid to testify. He confirmed his
13:05
billing rate was one thousand two hundred and fifty
13:07
dollars an hour, and then he'd already been paid
13:09
more than half a million dollars to work on
13:11
Trevor's case. We asked the jurors
13:13
about this. I thought
13:14
he was he was paid very well
13:16
for what he did. Like, bro, come
13:18
on. You can say it if
13:20
that's what gives you pay twelve fifty an
13:22
hour, but Yeah.
13:23
I mean, he
13:25
made over half
13:27
a million dollars and good for
13:29
him, I guess.
13:31
Throughout the trial, the prosecution had attempted
13:33
to prove that Trevor had lied, that he had done
13:35
so intentionally, and that those lies
13:37
mattered to investors. all of
13:39
which were necessary for a guilty verdict.
13:41
And to me, there's one
13:43
piece of evidence that would tie all these elements
13:45
together for the prosecution. It was tape of a phone
13:47
call between Trevor and a wealthy
13:49
businessman named Peter Hicks. Trevor
13:51
is trying to convince Peter and his son to let
13:53
him buy some land. with eight and a half million
13:56
dollars worth of Nicolet stock options.
13:58
Trevor launches into the
13:59
pitch. I focus
14:00
on what I'm the best at and the best in
14:03
the world. and then no one can even compete with. He had
14:05
going to meetings with He talks
14:07
about his leadership at Nikola and says Nikola
14:09
is already locking down specific routes. and
14:11
making deals with energy companies to make
14:13
hydrogen fuel. And then Peter
14:15
Hicks asks a very specific question.
14:17
Now
14:17
Trevor, this is the plan. I
14:19
mean, you're You're
14:20
not gobbling it up right now because that will
14:22
be getting too far ahead of yourself?
14:24
Or are you? The language
14:25
in that question really jumps out. Peter
14:28
Hicks is asking, this is the
14:30
plan. Right?
14:31
He's asking Trevor if he's talking in the present
14:34
tense or if he's talking about the
14:36
future, about
14:36
the plan.
14:37
something already underway?
14:39
You're not gobbling it up right now
14:41
because that will be getting too far ahead of
14:43
yourself or are you? No.
14:45
We
14:45
aren't a certain route. So from LA,
14:47
the
14:47
the Phoenix were already doing that. That's where that's where
14:50
ABM bev is, you know, with the anis or
14:52
bush. So they've already given us their routes.
14:54
Okay. And on those thirteen routes
14:56
that we've already begun procuring power
14:58
and and planning stations and
15:00
gobbling up the rates and taking energy from the grid,
15:02
and we're we're already in that process right now. That's why
15:04
we're going public. I mean, he can't go public on a
15:06
open a dream. Eagle
15:08
executives later said in court that Nikola
15:10
hadn't struck any deals with energy companies at
15:12
that point. but Peter Hicks testified
15:14
that he believed they had and took
15:16
the deal, accepting needless stock
15:18
options as some of the payment for the land.
15:20
I
15:20
remember in closing, prosecutors came back to that and said
15:23
something like, oh, he had a chance to fess up
15:25
and
15:25
he didn't. Again, my colleague,
15:27
Corinne. that there
15:28
were these moments like the one you pointed out
15:30
where he could have said, yes, that's the plan and
15:32
we're gonna do this. But instead, he
15:34
charged ahead. In
15:36
closing arguments, prosecutors said this call got to
15:39
the fundamental argument of their case.
15:41
Trevor lied about Nikola's
15:43
business, two investors, intentionally.
15:45
And then it was
15:46
the defense district, closing
15:48
arguments. What
15:49
stuck out here for me was that
15:51
Mark MacKasey, Trevor's lawyer, really
15:54
really went for it. It was almost
15:57
a little over the top, a little bombastic,
15:59
and I just had the sense that
16:01
no matter what happened, like, they were
16:03
going down fighting. Trevor's
16:06
defense
16:06
attorney pulled out all the stops.
16:08
He said Paul Lackie was basically a
16:10
guy who set Nicholas House on fire. while
16:12
betting that the house would burn down. Trevor
16:15
Milton, on the other hand, he said was merely
16:17
careless with his grammar. This
16:19
is
16:19
from the transcript, quote,
16:20
did Trevor
16:21
Milton say some things where he used the wrong
16:24
tense or when he used the present instead of
16:26
the future? Yeah.
16:27
Sometimes you did. But we are
16:29
living in a day and age when everyone is
16:31
on their phone and their Twitter and their
16:33
Zoom and their TikTok and their Facebook
16:35
twenty four hours a day. So
16:38
imagine the nightmare it is for Trevor
16:40
at forty years old to have his life hang
16:42
in the balance because of some word
16:44
choice he made where sometimes he
16:46
pressed send on his phone without making sure his
16:48
grammar was on point. The
16:51
jury began deliberating on the morning of
16:53
October fourteenth. a Friday.
16:55
Honestly, I had no idea what they would
16:57
decide. All you needed for an
16:59
acquittal was reasonable doubt in the mind of a
17:01
single juror. My
17:03
colleague Corinne and I waited. She was
17:05
in court. I was at the office. In about
17:07
five hours in,
17:09
I was sitting in the courtroom when I
17:11
saw Trevor walked up to
17:14
Trevor's brother and said,
17:16
you need to call our parents. There's a
17:18
verdict. So I get this message
17:20
that there's a verdict. You sent me a message
17:22
and I run onto that subway and I go
17:24
three stops and I run into the courthouse and I'm like, oh
17:26
my god, did I miss the verdict? And it's like,
17:28
everybody's just standing around really tense, you
17:31
know, cut tension with knife kind
17:33
of tense. When I got there,
17:35
Trevor was standing, the lawyers were
17:37
judge told us he wasn't going to have the verdict read
17:39
until Trevor's wife was there. One
17:42
by one, Trevor's family members would arrive
17:44
back at the And each time the door
17:46
opened, we all turned our heads to see if it was
17:48
Trevor's wife. And then she
17:50
finally arrived, and the jury was
17:52
called back into the room. And
17:54
jury forewoman
17:56
reads the verdict. And what
17:58
I particularly remember is it was
18:00
count one guilty. And then on count
18:02
two, she said not guilty.
18:03
and then guilty on three and four.
18:06
And, you know, family members kind
18:08
of gassed, some started to cry,
18:10
I think Trevor was genuinely kind of
18:13
surprised and shocked by the
18:15
verdict. After the verdict, Trevor and
18:17
his family stayed in the courtroom quietly
18:19
for a long time. Karin
18:20
and I rushed to file our story before
18:23
deadline. I
18:23
asked Karin about the significance of the
18:26
split verdict. What's the
18:28
importance of that split verdict? Why does
18:30
that matter? So
18:30
it matters because it
18:32
gives the
18:33
defense an argument on appeal.
18:35
So there are two securities fraud counts
18:38
he was guilty on count one, not guilty on count
18:40
two. And this is really weird and
18:42
really confusing. Because these two securities
18:44
fraud counts, they require
18:47
like, really similar things. And
18:49
so it was hard to understand the jury's thought
18:51
process, like, how they could arrived at
18:53
this conclusion. The one
18:54
count that came back not guilty? One of the
18:56
jurors we spoke with, Maggie, said that
18:58
when they started deliberating, she was the only
19:00
juror who wanted to find him guilty on that
19:03
count. The trial had already run longer than expected,
19:05
and she was worried that if deliberations
19:07
dragged on, there could have been a mistrial.
19:10
you
19:10
know, eleven to one is really
19:13
hard. It's really,
19:15
really hard and it
19:16
was tiring. It was
19:18
the end of the day. So I have to
19:20
say even though I know this is not something you're
19:22
supposed to do and the judge tells you, you
19:24
know, stand by what you
19:26
believe and convince other
19:28
people, I didn't think I was able to do
19:30
that, and I thought we could have been,
19:32
you know, a
19:33
hung jury.
19:35
the And the whole
19:36
thing would have had to go all over again. And
19:38
you didn't wanna
19:39
be that hold
19:40
out, Maggie.
19:41
I did not
19:42
wanna be the person who was
19:45
responsible for him
19:46
potentially
19:47
getting off.
19:48
Yes. After
19:51
his
19:51
conviction, both Trevor and his lawyers have pledged
19:53
to keep fighting. The three charges Trevor
19:55
was convicted on can receive sentences up to
19:57
twenty years each. Though under federal
19:59
sentencing guidelines, he'll likely receive a much
20:01
lighter sentence. Until then,
20:04
Trevor is out on a hundred million
20:06
dollar bond. His sentencing is currently scheduled
20:08
for January twenty twenty three, after
20:10
which he can file an appeal.
20:13
After the break, An answer to one last
20:15
question I've had since I first started reporting on all
20:18
this. How did Trevor think this was gonna
20:20
end? What was his
20:22
exit plan?
20:32
This
20:32
year's been a roller coaster and not the
20:35
fun kind.
20:36
Business know. It's a dangerous time
20:39
not to
20:39
know your numbers. That's why
20:40
you need NetSuite by Oracle. Over
20:42
thirty one thousand businesses have the
20:44
confidence they need. NetSuite
20:46
is offering a one of a kind flexible
20:49
financing head to net sweet
20:51
dot com slash wall street.
20:58
The
20:59
whole time I've been working on this story, I
21:02
kept wondering, how
21:03
did Trevor think this was going to
21:05
end?
21:05
Throughout my reporting process, I talked to people
21:08
who had their But importing over the
21:10
documents and exhibits that came out in trial,
21:12
I found the closest thing I've gotten to an
21:14
answer from Trevor himself. It
21:16
was actually in that taped call with Peter Hicks, the one that
21:18
got played at trial. We already heard
21:21
the part prosecutors played as evidence of Trevor
21:23
Lyon to an investor. but I'm
21:25
going to focus instead on another part of the
21:27
call where Trevor talks about himself,
21:29
his past, and his plans for the
21:31
future. And just like we did with
21:33
this podcast, He starts his story
21:35
in Saint George. I
21:36
was in a small town in Utah called Saint George,
21:38
and Saint George is probably the worst tech
21:40
tech city on the planet Earth. We we
21:42
know Saint we know Saint George. That's
21:44
the voice of Peter Hicks' son who's taping
21:46
the call. We know Saint George. I'm surprised,
21:48
yeah, you decided to base a tech company
21:51
there. Well, I was young. I
21:53
was twenty three foot. I was basing it.
21:55
I was just like I was just where I was living, and I
21:57
was like, started it. Yeah. Trevor talks about
21:59
how the businesses
21:59
he built there would have succeeded, but he just
22:02
couldn't raise enough money in Southwest Utah.
22:04
What I should have done is moved to Silicon
22:06
Valley. And I would have gotten
22:07
chance of, you know, billions
22:09
of
22:09
dollars from people at that time because that was the
22:11
hot thing, but Trevor goes on to describe how
22:13
despite being an outsider far from
22:15
Silicon Valley, he'd built Nikola.
22:18
this world changing company. And at the
22:20
time of the call, it was about to
22:21
go public. But Trevor was on to say,
22:23
he didn't plan to stay on it Nikola
22:26
much longer. he'd envisioned their business
22:28
plan. But running factories, that
22:30
wasn't his thing. I really don't want to be on the assembly
22:32
lines county pennies for for washers and
22:34
who's who's the chief is washer supplier in
22:36
the world. Yeah. I
22:38
this is my last hurrah. I'm done. So
22:40
after this, I'm I'm you know, I'm gonna be
22:42
sitting on my ranch for the rest of my life
22:44
and and raising cattle and just, you know, trying to trying to have
22:46
a family. I don't have one yet. We're trying. So it's
22:48
a that's gonna be my goal. You
22:50
know, after two years of being in there,
22:53
at that point, I can't help company anymore. It's already
22:55
the vision's already there, and all it is is execution
22:57
and massive amounts of money that's
23:00
you know, coming in and I really wanna be dealing with all my crap.
23:02
It's not my joy. Trevor seemed to find
23:04
his joy in selling the promise. Five years.
23:06
And the promise had been sold.
23:09
The
23:09
details. He said he'd
23:10
leave that to others. You know, there's at some
23:13
point, it just doesn't you know, it doesn't make sense to put
23:15
a baseball player into into
23:17
a into, you know, into a soccer game.
23:19
And what I'm really good at
23:21
is not running factories and running,
23:24
you know, you know, doing doing
23:26
filings with the SEC and, you know,
23:28
it just that's just stuff doesn't even I'm
23:30
not even I don't even enjoy them.
23:32
Yeah.
23:32
Trevor
23:35
made and sold big
23:38
promises. He rarely
23:40
saw them through to fruition. And
23:42
before he had delivered on one, he was onto
23:44
the next. And
23:45
that, in the
23:46
end, turned out to be a vulnerability.
23:49
Because some of the people
23:51
who
23:51
once believed in Trevor the most, who
23:53
tried so hard to make his promises into
23:56
reality, were also those left
23:58
behind when he moved on to his next
24:00
And as we told you throughout this
24:02
series, some of those people found each
24:04
other, teamed up, and worked
24:06
together to bring him down. Mark
24:09
Pugsley, the whistleblower lawyer told me that when he
24:11
thinks of this case, he thinks of his
24:13
client, Mike Shroud, burned it by
24:15
Trevor, and then channeling that into
24:17
becoming a whistleblower. I
24:19
think about Mike sitting
24:21
in his garage
24:23
for years, three years, just
24:25
being sad. and financially devastated by what
24:27
Trevor Milton did to him. And
24:31
I don't know if Trevor realizes this,
24:33
but that that guy might that he
24:35
thought he could walk all over. I mean,
24:37
Trevor Milton could go to prison for
24:39
many years because of Mike
24:41
Shroud. And maybe
24:43
there's a lesson there. for people that think they can
24:45
walk all over the little guys because
24:47
guess what? Sometimes the little guys come
24:49
back and kick your
24:51
ass.
24:52
Mike
24:53
shop Stroud and his
24:54
wife Miranda. We heard from both
24:56
of them in earlier episodes when they talked
24:59
about getting into business with Trevor. we
25:00
were still in that era
25:03
in our town where you
25:05
trusted people. Yeah.
25:06
It wasn't unusual to
25:08
you just take somebody's word for it. Not like we
25:10
do now. They were the
25:12
first
25:13
people we talked to who said they felt hurt enough
25:15
by Trevor that they started keeping
25:17
evidence. evidence that years later, they
25:19
would use to help bring Trevor down. I
25:21
was a
25:21
hundred percent onboard. Like,
25:23
let's let's give this our best because
25:26
not only does
25:28
it tick
25:29
me off what Trevor did to us,
25:32
but all the other investors, all the other
25:34
people he took advantage of and he needed to be
25:36
stopped. I wanted
25:37
to see how
25:38
they felt, now that the dominoes have
25:40
fallen. So I gave Mike a call.
25:43
Hey, Mike. Hey. How
25:45
are you? Yeah. How are you? hour
25:48
Not great, but
25:50
good bye. What's
25:52
what's going on? kind
25:54
the
25:56
of end of life chair from
25:59
Miranda. So When
26:01
we met Mike and his wife Miranda a few months
26:03
ago in Saint George, Miranda had
26:05
recently been diagnosed with colon
26:08
cancer. When I spoke to Mike last
26:10
week, He said the cancer had progressed quickly.
26:12
He's been over just
26:14
staying with her almost twenty
26:16
four seven the last few days.
26:19
set up with hospice care at her mom's.
26:22
So I was
26:24
hoping she'd have a have
26:26
a window where she's kinda lucid. Maybe she
26:29
could jump on, but it's
26:31
not happening this morning.
26:33
I I do. I
26:35
do expect her to
26:36
be probably
26:37
gone before the next
26:39
episode. So
26:42
I had called Mike expecting to talk about
26:44
his plans for the future, with potentially
26:46
millions of dollars coming his way if the
26:48
government pays a whistleblower award.
26:51
Yeah. Future's kind of a
26:53
big fat question mark in the important
26:55
areas. The money seems a
26:57
little bit
26:59
irrelevant. it is really a small
27:01
thing that I kinda remember
27:04
once in a while. This is a much bigger
27:06
deal for me. Yeah. Of course. I I
27:09
guess everything
27:11
I wanna talk to you about seems a little
27:14
insignificant. insignificant Well,
27:16
It's actually a
27:19
kind of a a nice break from
27:21
the last several days
27:23
to switch gears and do
27:25
something different. So
27:26
I started to
27:27
ask him about his experience of
27:29
Trevor's trial. Where
27:31
were you when the verdict came
27:33
out? I was
27:34
at home. I
27:35
was refreshing my computer every
27:37
few seconds. What was
27:40
running through your head? Gosh. You
27:42
know, it's it's really a mixture of a whole bunch of emotions.
27:44
Kind of sense of
27:46
closure, maybe, a little bit.
27:49
little bit of a sadness. I really
27:52
don't really don't hate Trevor. I
27:54
did care
27:54
about I did I
27:57
did wanna believe him. I did
27:59
I never
28:00
one wanted what
28:01
happens to happen.
28:03
I
28:04
will say he has gifts and I'll and I'll and I'll say
28:06
it. They really are. They're god giving gifts. You
28:08
know, everyone has everyone has some some
28:10
talents and abilities and his
28:13
or conceptual. you Most people
28:15
would love to have a tenth of what he has.
28:17
The anger. I had sometimes
28:19
heard in Mike's voice this past summer before
28:22
the trial. before the guilty
28:24
verdict. That anger was
28:26
gone.
28:26
Mike went on
28:28
to say that his wife's illness gave
28:30
him a new sympathy for Trevor.
28:32
who lost his mom to cancer when he was a teenager.
28:35
Watching my wife kind of
28:37
fade away with cancer and
28:39
starting to see how that could
28:42
really, really nice with the like,
28:44
good. I'm an adult.
28:46
It's nice with me pretty
28:48
good. I don't
28:49
dismiss what he's done because of what's
28:52
happened to him, but but I but III
28:54
certainly sympathize with what
28:56
did happen. I'm gonna take
28:57
the conversation in a slightly different direction. Do
29:00
you wish you never met Trevor
29:02
Milton? No. I don't
29:04
I
29:04
don't I don't wish that.
29:08
I'll be honest. Trevor taught me some
29:10
things. He taught me some good life lessons,
29:12
not directly, but indirectly.
29:15
there's
29:15
there's so much
29:16
that happens downstream
29:18
of an event. And I've
29:20
learned that I need to be careful not to assume
29:22
that I know exactly the reason for that and
29:24
exactly what'll happen. because
29:26
often when I do that, I find out that
29:28
the thing that it seemed obvious
29:30
doesn't happen, but down the road
29:33
further, something bigger and better happens
29:35
because of it.
29:37
I
29:38
go trailed off a little bit there. No. No.
29:41
No. There's
29:42
a a Yiddish
29:45
property that you may or may not know. But
29:47
in translation, it's
29:49
man plans and god laughs.
29:51
You've heard that before?
29:53
Yeah. I have. I
29:56
believe
29:56
that all these experiences can shape us
29:58
for good or bad. But
30:00
ultimately, we we get
30:03
to choose what kind of effect they'll have on
30:05
us, whether we
30:07
become bitter or whether we
30:09
choose to be positive and and
30:12
Thank
30:12
good things
30:13
you. Good.
30:18
Thanks. Mike
30:27
Sprout,
30:27
Paul Lagey, Darren Brooks
30:29
and Hindenburg are still waiting to see if
30:31
they'll get a whistleblower award from the SEC. And
30:34
that's for Nikola, it's paying a
30:36
hundred and twenty five million dollars to settle fraud
30:38
charges with the SEC. The
30:40
company did not admit or deny
30:42
any wrongdoing. A report
30:44
by an outside law firm that
30:46
Nikola hired disputed Hindenburg's conclusion that the company was a
30:48
massive fraud. It said Nikola
30:50
had a defined product and a maturity
30:52
level that was consistent with an
30:54
emerging company. After Trevor's
30:56
conviction, the company said it was pleased to close this
30:58
chapter and focus on its business
31:00
plan. The company has been trying to
31:02
deliver on its promises, and
31:04
delivered a hundred and eleven battery powered trucks between
31:06
April and September. It expects to
31:08
begin production of hydrogen powered semi trucks
31:10
by the end of next
31:12
year. As of the end
31:14
of September, Trevor is
31:16
still Nico's largest shareholder.
31:19
Bad
31:21
bets is a production
31:23
of The Wall Street Journal. This season is
31:25
produced with jigsaw productions in collaboration
31:27
with Storyforce Entertainment. This episode
31:29
is hosted by me, Ben Foldy. The
31:32
series is directed by Sruthi Pinemaneni.
31:34
Scott Saloway is the supervising producer.
31:37
Ken Brown is WSJ financial enterprise editor.
31:40
Shane McKinnon, Frank Matt, and Garrett
31:42
Graham are the producers.editorial consulting
31:44
by PJ Vo. Fact checking by
31:46
Elizabeth Moss, sound design, original
31:49
composition, and mixing by Armin
31:51
Bazarian. For The Wall Street
31:53
Journal, Daniel Rosen is the co executive producer of WSJ
31:55
Studios. Ben Weltman is the senior
31:57
executive producer. For jigsaw
31:59
productions, Stacey Hoffman and Richard
32:02
Perrello are executive producers.
32:04
For Storyforce Entertainment, Bli Pagan
32:06
Faust and Cory Sheppard Stern are
32:08
executive producers. Special thanks as well to
32:10
WSJ's Charles Ferrell, Jamie Heller, Brent
32:12
Kendall, Christina Rogers, Corey
32:14
Ramey, James finale, Rick Brooks, Emma
32:16
Moody, and Jessica Fenton.
32:18
If you can,
32:20
please leave a review on Apple podcasts or
32:22
wherever you get your shows. Thanks
32:25
for listening.
32:32
Make headlines for the right reasons,
32:35
not regulatory violations. Dow
32:37
Jones risk and compliance helps
32:39
you identify the most critical threats with
32:41
a range of data and technology
32:44
solutions. from sanctions and international trade
32:46
compliance to financial crime and third
32:48
party risk management. learn
32:50
more
32:50
at d j dot
32:51
com slash risk.
Podchaser is the ultimate destination for podcast data, search, and discovery. Learn More