Exploring the Delay in Tim Leiweke’s Trial

In a recent legal move, the defense attorneys for Tim Leiweke, former CEO of Oak View Group, have sought to delay his trial, scheduled for December 2025, until at least October 2026. The request was made through an 11-page motion by criminal defense attorney David Gerger, who highlighted the need to thoroughly review approximately seven million pages of evidence presented by the prosecution.

This case, presided over by Judge Susan Hightower, centers around allegations of bid-rigging connected to the development of the Moody Center in Austin, Texas. According to charges unsealed by the DOJ’s Antitrust Division on July 9, Leiweke is accused of conspiring with Shervin Mirhashemi, then-CEO of Legends Hospitality, to manipulate the bidding process to their advantage.

The complexities of this case are deepened by the involvement of high-profile entities and individuals, including Legends Hospitality, partly owned by Dallas Cowboys owner Jerry Jones. The prosecution claims that Leiweke and Mirhashemi collaborated to ensure that Legends did not submit a competing bid, which allegedly allowed Oak View Group to secure the contract under dubious circumstances.

In response to the charges, Oak View Group has settled for a $15 million penalty through a non-prosecution agreement, while Legends has agreed to a $1.5 million payment. However, Leiweke faces potentially severe penalties under Section 1 of the Sherman Act, including a decade in prison and a $1 million fine.

David Gerger, defending Leiweke, argues that the prosecution’s interpretation of the law is flawed. He insists that the contract was won fairly through competitive means and that Legends was not a direct competitor but a potential subcontractor for specific services at the arena.

Further complicating the defense’s preparations is the voluminous nature of the evidence, which Gerger states is still being disclosed by the prosecution. He emphasizes that proper analysis of this substantial documentation is crucial for a fair trial, necessitating the requested delay.

While the DOJ has not officially responded to these claims and the request for postponement, the legal strategy of Leiweke’s team appears to hinge on challenging the prosecutorial theory and proving the legality of their client’s actions in the competitive bidding process.