23XI, FRM vs. NASCAR trial: Insider describes CEO Jim France testimony as 'shockingly bad'

The lawsuit from 23XI Racing and Front Row Motorsports against NASCAR continues, and Tuesday brought a round of testimony from NASCAR CEO Jim France. According to reporters present for the testimony, things could have gone better for France.

And that might be putting it mildly. The Athletic’s Jeff Gluck put things in no uncertain terms.

“Court is done for the day,” Gluck wrote on Twitter. “I don’t think I’m underselling it to say Jim France’s testimony was shockingly bad so far. Just not good at all for NASCAR IMO.”

One of the primary points of information the trial sought to suss out on Tuesday was the financial interest Jim France has in NASCAR. That came to light in much more clear terms.

“Jim France has taken the stand as the last witness for plaintiffs, with France confirming that his salary is around $3.5 million annually and his side of the family owns 54% of France Enterprises Inc., which is the holding company of NASCAR (Lesa France Kennedy’s side owns 46%),” Adam Stern of Sports Business Journal reported.

It was also revealed that the France family took in $397 million between 2021 and 2024 to their family trust. NASCAR’s Steve Phelps testified that about 75% of that $397 million figure was used to pay taxes. That leaves roughly $99,250,000 leftover to the France Family trust.

The legal team for 23XI and FRM put France to the test, particularly engaging him on his reported comments about a letter from Heather Gibbs. The letter was first revealed to the public on Oct. 30 and included the following key snippet:

“When all the stakes are on the table, teams need to know their worth is valued and secure,” Gibbs wrote. “NASCAR has the guarantee that teams are ‘in it’ for the long run, and teams have assurance from the sanctioning body that their charters are secure. If there was anything to decide to move the team forward it will be trust in them, the owners, the legends and leaders of your sport with a permanent spot in your history book.”

NASCAR’s Steve O’Donnell wrote in an internal message thread at the time that he observed Jim France reading the letter, claiming France was swearing every other sentence while reading it. That has come up in court.

“When it comes to O’Donnell’s comments about France being mad while reading Heather Gibbs’ letter aloud, France says he doesn’t recall that, but said he wasn’t saying O’Donnell was lying,” wrote journalist Toby Christie. “However, he says he doesn’t think he’d read it out loud.”

Finally, Stern added another key element to the Jim France questioning. Lawyer Jeffrey Kessler pressed on this front.

“Kessler tried to get France to concede he was the key impediment to permanent charters, or that at least his execs said he was,” Stern wrote, ‘he disagreed with Kessler’s phrasing but admitted he said no to permanence.

“Kessler then asked, ‘No means no, correct sir?’ France responded, ‘Yes.'”

The trial will continue with Jim France questioned by the NASCAR legal team on Wednesday. That portion of the trial is set to begin at 8:30 a.m.