When corporate executives destroy evidence during legal proceedings, courts may impose severe sanctions by treating disputed facts as presumptively true, shifting the burden of proof onto the defendants to prove the opposite. In the WWE merger lawsuit, Vince McMahon and Nick Khan were sanctioned by a judge for destroying evidence, resulting in five damaging facts being treated as presumptively true, including that Ari Emanuel's promises influenced Vince's decision-making and that the company pursued the Endeavor deal before proper strategic review. This demonstrates that even sophisticated corporate executives can undermine their own legal defense through poor evidence preservation practices.
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Jim Cornette on Vince McMahon & Nick Khan Being Sanctioned By The CourtAdded:
Brian, apparently Vince McMahon and Nick Khan was not as smart as they thought they were when they were using the the the the Mission Impossible method of communication. This tape will self-destruct in 5 seconds.
That generally means you're doing government espionage or some kind of you're not supposed to be doing, right?
And now they've they've they've this big lawsuit has has they've been chastised for running this alleged major publicly traded company like goddamn mob outfit.
>> Well, they're in some trouble here. When I say they, Vince Vince McMahon and Nick Khan, not TKO, but Vince McMahon and Nick Khan. I have the headline here from post wrestling Brandon Thirstston who's been all over this story. Vince McMahon and Nick Han sanctioned by judge in WWE merger lawsuit heightening their burden to prevail at trial in a new ruling in the WWE merger lawsuit in which the shareholders challenged the Endeavor deal that created TKO.
Vice Chancellor J. Travis Ler. Oh [ __ ] the vice chancellor. He's right next to the Burgermeister, isn't he?
>> He found that Vince McMahon and WWE President Nick Khan destroyed evidence.
As a consequence, the court will treat five damaging facts as presumptively true when the case goes to trial next month.
>> Let's go to these five facts. So, so even if it wasn't true, it is true now in their eyes because they destroyed the evidence that would have determined whether it was true or not.
>> And you and I had talked about this when Brandon Thirsten previously reported about the text messages that had gotten out as part of this lawsuit in Discovery where Nick Khan told Vince McMahon backwards, go to Signal. And Vince was like, what's that?
>> Yeah, V. No, I swear to God I could I could hear it in Vince's voice because when when Nick Khan said go to he wrote signal backwards in his like lagnons or whatever and Vince said what in the blue hell is lagn just to call attention to it? What what crime would you like me to commit here? Oh, I see.
Well, here are the uh five presumed facts now that they they the defendants Vince McMahon and Nickon have the burden of trying to overcome these. It is presumed true that Arya Emanuel's promise to provide Vince with a continued role at any post merger company after a transaction influenced Vince's decisionmaking with respect to the merger.
Also presumed true. Ary Emanuel's offer of indemnification and other legal support related to pending federal investigations of Vince's alleged misconduct influenced Vince's decision-making with respect to the merger.
Also presumed true, Vince decided to pursue a transaction with Endeavor in 2022 before the company initiated the strategic review process.
>> Boom. Again, this is a publicly traded company. There are things they have to do. Also presumed true, Nick Khan communicated with Ari Emanuel between August and December 2022 to facilitate a transaction between WWE and Endeavor.
And finally, presumed true, Vince McMahon and Nick Khan worked with the advisement firm RAIN to steer the process towards a deal with Endeavor and away from other potential biders.
So, we could stop there because I think >> well that's the crux of the situation.
>> You know, usually it would be the plaintiff's job to prove these things.
Now the burden is on Vince and Nick Khan to prove the opposite.
>> Well, and because they they can't really at this point because they're presumed true because they destroyed evidence that people could have reviewed to find out. But that's so usually the burden of proof is on the plaintiff in this case, the [ __ ] defendants or what had prove proved themselves. They they divined themselves is what they did. They stoogge themselves in effect.
And that's if if there is the lawsuit, the crux of it for the layman out there and the people like me who just can't stand this minute legal ease [ __ ] These people are suing because they say it was a setup deal. It wasn't really a the finish was called beforehand. it wasn't a legitimate sale and that Vince steered it the way he wanted it to go and therefore the shareholders were potentially shortchanged or whatever harmed in some fashion.
And we had been saying it it's going to be hard for them to prove a case like that because the stock is worth twice as much as it was before and the company has exploded after their new newfound ability to squeeze blood out of a [ __ ] turnup and all that type of thing. But in the process of this, they're uncovering that this was a lot of this was done in a way that technically violates, I don't know, federal law, state law, the laws of goddamn how you do this with a publicly traded company. So even if they're not going to make their one point, they're airing everybody's dirty laundry out on the goddamn public line. And somebody potentially could get in some kind of goddamn trouble over this, couldn't they, Brian?
>> Well, again, certainly they'll be held liable for a fine. It'll be interesting to see how much of It'll be I mean, it's the same judge that's overseeing the case that just sanctioned them when he said it's going to be presumed true. He's the one who's going to be presuming that.
>> Yes.
And I'll tell you, it's a hard thing to get over with a judge once they think you destroy evidence.
Trust me, we're we're dealing with some uh situations that we may talk about in the future where this exact situation may have occurred from the other part.
>> You you can find out all kinds of things in discovery in a lawsuit that we mention regularly. And that's what this but that's the thing is you would think that these grown adult criminals, graduates of major universities and well-versed in the art of stealing people's money and business deals would have been able to goddamn be better at covering it up in [ __ ] that might come out in the course of a [ __ ] brew haha like this than to give these poorly coated lignens what blue hell's lignens and doing it on [ __ ] that self-destructs after five minutes or whatever.
And they're pro they're proving their own the other party's case against them for them is what I'm trying to say here.
>> Yeah. And again, why would you even use signal? Were they arrogant enough to think there wouldn't be anyone looking into how this deal happened all of a sudden after Vince McMahon left the company? All of a sudden, he comes back because he says that the board can't do anything without him. They need him there for media rights or anything else and to facilitate a sale. And then it quickly happens to Ari Emanuel.
>> Wouldn't you know who won the pony?
>> And like you said, the stock is through the roof.
But it's not about that. It's about how much the stock It's about how much the shareholders got when the deal was made.
Would Liberty Media, for instance, have paid more to the shareholders on the purchase date than Endeavor did? That's what they're arguing. And again, the shady behavior.
If you are the head of a publicly traded company, let alone one going through a merger or a sale, why the [ __ ] are you on Signal with AutoDe? And they constantly are updating. I mean, there's a whole list of like Nick Con on this day changed his delete settings three different times in the same day and on this day four times in the same day.
They're constantly >> Why can't THEY JUST TALK ON THE GODDAMN phone like normal criminals did from back in the 20s and 30s >> or just text? I mean, at this point, you know, I mean, well, they're going to deal with it. It's going to be a big fine, I'm sure. If I if and I know somebody's going to say, "Well, you can bug a phone if we're not talking about an FBI investigation into the goddamn mob." Their phones weren't bugged. But you would think that they wouldn't leave all this [ __ ] in effect written down.
And and remember I told you one time I don't I don't know if I have one piece of paper in my possession that was actually written by Vince McMahon. He would write [ __ ] in his book or notes for himself, but he would have memos done or things sent out or whatever. And so all of a sudden he's just willy-nilly pulling this highlevel white collar crime [ __ ] on the interwebs where the documentation is there. I don't I don't get it.
>> And by the way, again, Brandon Thirstston's done a great job. I know he's with WrestleNomics, but these articles have been with Post Wrestling.
He's done a great job covering the story. It also shoots a hole in the whole argument of Stephanie McMahon is disgusted by her father and would never behave this way and that's why she's around. She's different than the rest of them. She was mixed up in this whole [ __ ] thing. She was at lunch.
>> She was at every lunch. She was also changing her delete settings and signal.
She was also getting messages.
>> She was mixed up in this whole thing.
She's just as bad as the rest of them.
Well, and and when she came back or when he came back and she left, it wasn't apparently out of protest. It was just like she was a keeping his seat warm.
>> I'll give you the board, Dad. Do what you got to do. That's what it was.
But this is going to be interesting.
This lawsuit's about to come to trial.
Uh there's no jury. It'll be just the judge making the rulings.
And uh I'm excited to see what happens.
I mean, a lot of people have to testify.
Triple H, Stephanie, Ari, Emanuel under oath about this deal >> and a lot of these people deleted all their their messages. That's gonna >> And the best part of it is they've all already showed the referee they're trying to cheat and now they get to try to win him over again.
Uh, I don't know, Brian. If if if this thing turns out uh wrong for him in court, does this mean is is it possible? Is it up in the air? Could any of them get the chair, do you think?
>> No.
>> Sparky, it's not. Again, this is not a uh criminal uh complaint. This is a >> Well, but now, you know, they they've changed a lot of the penalties these days. You know, we're going we're trying to crack down on crime. Does anyone does it? You either throw away the key or you reward them.
>> Is the chair still in use anywhere?
>> Well, they take it from from county fair to county fair from what I understand.
>> No, they do not. That's not what you >> throw it off every what's this this one this one kid in Hiden, Kentucky, he plugged the son of a [ __ ] in and boy, that was the most shocking thing that happened in town all week. But I'll tell you folks, if you would like to be in the electric chair, you're sitting there, you're on the road, you're traveling somewhere, your phone's dead, your headphones are dead, your watch is dead, your Kindle's dead, your sex life is dead, everything's dead, and you'd love to sit down in a chair full of electricity and just charge everything all at the same time. Now before it was it was a pipe dream is what it was that before. But now in this modern age of space age technology we got you covered with the ridge power bank. We've talked about it before. We have spread the word. We have put out literally powered things across the country with all the power banks that have been sold thanks to our recommendations. why people are plugged in and turned on and charged up and tuned out all over the country thanks to us. But if you haven't caught on yet, instead of all the cords and all of the various things you got to plug in and every end is different and you don't know what the hell's going on and you can't find a spot with it has any power.
Oh, please uh may I have more power? The Ridge Power Bank is a 5 in one. It's got built-in cables that let you charge everything that you might need to charge with just the one power bank. No extra cables. And this thing has 20 watts of power and a 10,000 m capacity. What is that? M capital A small H m.
It'll hold 10,000 m.
So that's a that's equal to three full phone charges. I guess each full phone charge is 3,333 M.
But anyway, >> yeah, >> so you can plug everything in on this.
Even even when you check into a cheap motel, the vibrating bed, you don't need to put the quarter in the slot. You just plug that wire into your power bank and you can shake all night, baby.
And this whole thing was built by a father and son. Do you know that? That's amazing how that both the father and the son were on the vibrating bed in the [ __ ] days in motel in Hopkinsville, Kentucky for 25 cents at the same time and had this idea.
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No more asking anybody for a charger.
You know, sometimes you go, you walk down the street, you can't plug into anything. You don't have a charger. You ask a a innocent bystander for a charger and they think you're trying to assault them and they either call the police or pepper spray you. Then you got to pay bail and medical bills just because you couldn't plug your [ __ ] phone in because you didn't have a Ridge >> power bank.
>> This is not the best example to use in the situation.
>> Well, things can happen.
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Have you gotten an atomic purple one yet? It's [ __ ] it. It glows.
>> I have not.
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