A lawyer representing Bank of America raised the possibility that the documents at the center of Brian Davis’ lawsuit against the bank are “fictitious” at a hearing on Friday.
Davis’s Urban Echo Energy sued Bank of America last Friday and has since sought an injunction for the return of the $5.1 billion funds allegedly sent to the bank as part of the former Duke men’s basketball player’s quixotic attempt to purchase the Washington Commanders.
“The documents we have in our possession raise considerable concerns about their genuineness,” Ava E. Lias-Booker, one of Bank of America’s lawyers, said during the hearing.
Davis’ attorney, Jeff Martin, filed the lawsuit that originally sought $500 billion in damages. The award amount sought was eventually reduced to $999,000. On Monday, Martin filed an emergency motion for a temporary restraining order.
When confronted with the possibility that the bank documents at the center of the case could be bogus, Martin shifted course from his injunction request.
“He quickly pivoted to his backup remedy — a request for the return of the bank drafts,” said sports law attorney Daniel Wallach.
U.S. District Court Judge Deborah L. Boardman questioned whether Davis’ case met the threshold for an injunction in a Wednesday order since a group led by Josh Harris had already secured an agreement to purchase the Commanders on May 12.
Wallach, co-host of the Conduct Detrimental podcast, said if the documents are fake, Davis and his company face some legal risk.
“The bank may have an obligation to report this to federal regulators,” Wallach said.
