Jeffrey Kessler flips script on NASCAR CFO about increasing team payments during antitrust trial

During the NASCAR antitrust trial, Jeffrey Kessler appeared to repel an argument from NASCAR CFO Greg Motto. There is a lot of debate over whether or not the sanctioning body could afford to pay teams even more than they currently do. It is a topic that has come up multiple times in the trial.

According to Toby Christie of Racing America, Greg Motto testified that NASCAR can’t pay teams more money. However, through cross-examination, Kessler was able to put holes in that argument. As Christie put it, Kessler “ripped that theory to shreds.”

Among other lines of questioning, Kessler asked about the payments made to the France Family trust. Those payments, nearly $397 million between 2021 and 2024, are primarily used to pay taxes since NASCAR is an S-Corporation. Kessler got Motto to admit that NASCAR has a contract to make these payments.

Kessler also argued that NASCAR is not required to send dividend payments to the France Family trusts or the tax disbursements for them to pay their taxes.

Motto acknowledged that NASCAR has a contract to pay shareholders the tax dispersement each year.

Kessler asked if NASCAR…

— Toby Christie (@Toby_Christie) December 10, 2025

A lot of numbers and dollar amounts have been thrown around in the NASCAR trial. It is going to be a challenge for the jury to go through all of the evidence and sift out what they need to make their decision.

It sounds like Jeffrey Kessler did a good job of cross-examining Motto. The point of cross is to cast doubt on the previous testimony of the witness, make them seem less credible, or refute earlier statements made.

NASCAR trial: Judge Bell blocks FOX exec from testifying

Earlier this afternoon, Judge Kenneth Bell informed NASCAR that he would not allow a witness to testify at trial. The move might be seen as controversial by those watching the trial from the outside. It is also going to be a point of contention that could later come up in an appeal.

Prior to breaking for lunch, Judge Bell addressed the issue. He will not allow FOX Sports executive Jordan Bazant to testify for NASCAR in the trial.

According to Adam Stern of Sports Business Journal, NASCAR attorney Christopher Yates was not thrilled with the ruling. He said he wanted “to make note” of his disagreement with the ruling. Judge Bell told him that his disagreements can be taken up with the court of appeals. The jury was not present for this conversation.

Should NASCAR lose at trial, they are likely going to appeal. That was always the case for either side. The teams would likely appeal as well if they were to lose. However, this might be the first example we have of an issue in the trial that could legitimately be brought up.