UPDATED: Lawyer threatens seizure of race car from NASCAR Sprint Cup team owner reportedly wanted on arrest warrant

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UPDATED (5:50 pm ET): 

In addition to a reported bench warrant that has been issued for his arrest, NASCAR Sprint Cup team owner John Cohen may soon have a lien placed against his assets, according to a report by USA Today Sports.

Attorney Elliott Malone told the news outlet Thursday afternoon that he is pursuing a lien against Cohen (in photo) that could include the Cohen-owned Team Xtreme and its race cars.

It was reported earlier Thursday by NJ.com that a judge in Essex County, N.J., had issued a warrant for Cohen’s arrest after he failed to pay back an $85,000 court-ordered judgment dating back to last August.

When contacted by NASCAR Talk later Thursday morning, Cohen said Malone was trying to extort him and said there was confusion over the name on the warrant.

USA TODAY Sports reported that court documents indicated Cohen was aware of a pending arrest warrant against him as early as January.

With the No. 44 race car being stolen two weeks ago in suburban Atlanta, Malone said the race car’s value of $250,000 cited by Cohen at the time of the theft prompted him to begin placing a lien on any insurance claims Cohen made on the car.

“That actually works out better because if he doesn’t pay the judgment then I’ll start the process of seizing assets, including the car,” Malone said in an email to USA Today Sports.​

 

ORIGINAL STORY:

An arrest warrant reportedly has been issued for NASCAR Sprint Cup team owner John Cohen, whose team made national news when its race car was stolen in suburban Atlanta two weeks ago.

According to a report Thursday by NJ Advance Media (also known as NJ.com), a bench warrant seeking Cohen’s arrest has been issued in Essex County, N.J.

The warrant states Cohen, of Union, N.J., has failed to abide by a August 2014 court order from a civil lawsuit settlement that he repay two former business partners $55,000 from a failed Manhattan night club venture.

Cohen told NJ.com Thursday morning, “It’s a story that’s not true. I didn’t make the settlement.”

As for the warrant, Cohen told NJ.com, “That’s not me. That’s my father. That has nothing to do with me.”

Later Thursday morning, Cohen spoke with NASCAR Talk, denying the allegations made by Elliott Malone, the lawyer for the plaintiffs in the civil case.

“The lawyer is trying to extort me,” Cohen said. “He knew everything that happened last week. He’s using this to make himself look good.”

As for the lawsuit settlement, Cohen said, “My lawyer handled that. I don’t know what the situation is.”

Cohen also told NASCAR Talk that the bench warrant is for a “John Cohen,” but that his full legal name is really “Jonathan Cohen,” and that “John Cohen” lives “at an address I don’t live at.”

When told Cohen denies the charges that resulted in the bench warrant, Malone told NJ.com, “My response is one word: Typical.”

Cohen’s two former partners in the failed night club, Anthony Santucci and Jeff Rezink, reportedly invested a combined $85,000 with Cohen. They allege the money was never used for the club and that Cohen never returned the funds to them.

“He obviously just pocketed the money,” Santucci told NJ.com. “We believe he used the money to fund his NASCAR team.”

Santucci added that the loss of his investment “completely crushed me. It was my first $50,000 I’ve saved. I still haven’t really recovered. It completely wiped me out.”

Cohen owns the Team Xtreme Sprint Cup team, based in Mooresville, N.C.

The organization made national news when its race car was stolen from a hotel parking lot in Morrow, Ga., only to be found abandoned and undamaged on the side of a road less than 24 hours later and about 40 miles from where it was stolen.

A pickup truck used to pull the trailer that transported the race car from Team Xtreme’s headquarters to Atlanta for a race that weekend was found nearly two days later.

The trailer itself, as well as a race engine and assorted parts reportedly worth over $100,000, remain missing.

Despite the bench warrant, the team will be in Phoenix for this weekend’s Sprint Cup race, the CampingWorld.com 500, Cohen told NASCAR Talk.

According to NJ.com, Cohen also is being sued for using “unfair and deceptive trade practices” in the purchase of a race car last year from the now defunct Swan Racing.

The suit is seeking $200,000 in damages from Cohen, according to court documents cited by NJ.com.

Contributing: @DustinLong

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NASCAR to teams: Address ‘complacency’ to COVID-19 mask protocols

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NASCAR sent a memo to teams earlier this week advising them to address “pockets of complacency” toward its COVID-19 mask protocols.

The memo was first reported by WCNC, NBC’s Charlotte affiliate.

In the memo, NASCAR said it was “seeing more and more van loads of crew members rolling up to the track without masks on, and people wearing their mask down around their chin.”

The memo stated that further flouting of the protocols “will threaten our ability to continue racing.”

“More people in our industry are going to contract the virus,” the memo added. “The key is limiting it.”

“It is important for everyone to do their part ALL THE TIME. One cluster outbreak can derail our season.”

In May, NASCAR issued a bulletin stating failure to comply with COVID-19 rules could result in a $50,000 fine.

The memo comes after seven-time champion Jimmie Johnson tested positive for COVID-19 last week, forcing him to miss the Brickyard 400. Earlier this week Johnson had two negative tests, allowing him to be cleared for Sunday’s race at Kentucky Speedway.

Previously, Stewart-Haas Racing had two employees test positive for virus and Team Penske had one employee test positive.

In North Carolina, where most NASCAR teams are based, the state now has 81,000 cases and it has reached 1,000 hospitalizations for the first time.

The Cup Series is scheduled to hold its All-Star Race on Wednesday at Bristol Motor Speedway in Northeast Tennessee. Tennessee has just over 59,000 confirmed cases and has had 86 deaths since Sunday, a single-week record.

NASCAR is scheduled to compete next weekend at Texas Motor Speedway. Texas has more than 235,000 cases and almost 3,000 deaths. On Thursday, it recorded 10,000 new daily cases for the second time.

Jimmie Johnson: ‘I’m smarter, stronger’ after COVID-19 episode

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Having been in an admitted “dark head space” after testing positive for COVID-19 a week ago, Jimmie Johnson said Friday that he is “ready to go” to return to the NASCAR Cup Series and Sunday’s race at Kentucky Speedway.

Johnson was forced to miss last weekend’s race at Indianapolis after testing positive for COVID-19.

Earlier this week, Johnson tested negative twice more than 24 hours apart. After that and being cleared by a doctor, NASCAR reinstated Johnson.

“It’s been an interesting week or so, to have a positive test and then the two negative tests, just the emotional journey you go through and worrying about your safety, your family’s safety, watching a race with someone else in your race car,” Johnson said during a media Zoom conference. “Coming to grips with the reality of all that has been challenging.

“I feel like I’m a smarter, stronger person today experiencing all this. Clearly extremely happy to be reinstated and ready to be back with my race team and that race car.”

Johnson proved to be asymptomatic. He demurred when asked if the original test was a false positive.

“I’ve had no symptoms through this journey,” he said. “There are a lot of scenarios that can play out and to go through them and to form an opinion would just be speculating. At this point, I just don’t think that’s very intelligent or smart to do.

“I followed the protocol that NASCAR has in place and is the same protocol all the other major sports have as well. I’ve been watching the numerous positives take place and also seen many examples of a double negative within a 24-hour period take place and those athletes have been reinstated. It’s a science-based reinstatement process.

“… I’ve followed the protocol, it brings a lot of questions as to where I was in the journey of being positive. There’s a lot of speculation there. I don’t know those answers and I’m the most frustrated person out there, especially living in the world of facts that I do. To not have the facts drives me bananas.”

Johnson pronounced himself fit for Sunday’s race: “I feel great, I’m excited and I’m ready to go. … I’m super excited. In my head of optimism, boy, what a comeback story, the COVID comeback. It would really be a special moment. I’ve always been highly motivated but it would be really cool to have great success Sunday or certainly in the near future with everything.”

As the last week has played out, Johnson has run the gamut of emotions since he was first told about the positive result.

“My first response was just anger, I started cussing and I used every cuss word I knew of and I think I invented a few new ones,” Johnson said with a chuckle. “It was just so weird at the anger because I’ve been asymptomatic. First anger hits and then speculation in my mind and it was like wait a second, there’s nothing good to come of this. No one knows, I don’t know, it’s just time to move on.

“Then I got very excited looking at the facts: I missed just one race, still am above the (playoff) cut line and then the optimism I hope I get that second negative (result) and then I did. I feel like I’m more on the optimistic side of things and really out of the dark head space I was in, and moving in the right direction and looking forward in all this.”

Last Sunday, sitting at his family’s home in Colorado, Johnson admitted it was strange to see someone else – namely fill-in driver Justin Allgaier – in his No. 48 Chevy for the first time since Johnson first began driving that car in Cup late in 2001.

“It’s a weird set of events,” Johnson said. “Saturday night trying to go to sleep was probably the most difficult time for me, knowing I wasn’t going to be in the car.

“It was the peak of emotions going with missing a race and the consecutive start streak coming to an end, not being in a car, my final year (racing in NASCAR), all the things you can think of.

“Sunday morning wasn’t great, but I joined the team call we have before the race, I was able to hear the voices of my crew guys, and give them a shot in the arm and pump them up and just be involved in that team moment. It’s crazy how that relaxed me because I was convinced I wasn’t going to be able to watch the race.”

Johnson’s teleconference lasted nearly 30 minutes. Here are some other topics he covered:

Racing this weekend at Kentucky, one of only four current tracks the seven-time Cup champ has never won on (others are Charlotte Roval, Chicagoland and Watkins Glen): “Kentucky has probably been one of my top two or three most difficult tracks to compete at. I have mixed feelings for the place because when I first started at Hendrick Motorsports, I felt like I lived at that raceway doing testing for the team, getting in my laps and reps as a rookie coming into the sport. I have positive vibes from there, but my race experience there from the Busch Series days and even the Cup (series), has been demanding and tough. I hope to conquer the track from that personal standpoint and then clearly with what I’ve been through, my friends, family and fan base have been through, it’d be nice to leave there with a trophy.”

Why he tweeted out another show of support for Bubba Wallace earlier this week: “With the current events, just letting it be known I stood with Bubba at the beginning of this journey and I continue to stand with Bubba. (It was in response) to the tweet the President put out.”

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Friday’s Xfinity race at Kentucky: Start time, forecast and more

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Time for Part II of the Xfinity Series doubleheader at Kentucky Speedway.

Xfinity teams return to the 1.5-mile speedway tonight for the Alsco 300.

The top-15 finishers from Thursday night’s race have been inverted, resulting in Myatt Snider starting on the pole for tonight’s race. Jesse Little will start second.

Here’s all the info you need for the race.

(All times are Eastern)

START: The command to start engines will be at 8:05 p.m by Tyler Reddick. The green flag is scheduled to wave at 8:14 p.m.

PRERACE: Garage access health screening begins at 10:30 a.m. (teams are assigned specific times). Engine prime and final adjustments are at 6 p.m. Drivers report to their cars at 7:50 p.m. The invocation will be given at 7:57 p.m by Larry Campbell of Kentucky Raceway Ministries. The national anthem will be performed at 7:58 p.m. by Felita LaRock, former lead vocalist, United States Air Force Band of Flight.

DISTANCE: The race is 200 laps (300 miles) around the 1.5-mile speedway.

PACE LAPS: At the direction of race control, the entire field will go down pit road during a pace lap for pit road speed verification. If a driver stops in the pit box for any reason, pull over or slow down, they will start at the rear of the field.

STAGES: Stage 1 ends on Lap 45. Stage 2 ends on Lap 90.

COMPETITION CAUTION: Lap 20

TV/RADIO: FS1 will televise the race. Its coverage begins at 7:30 p.m. Performance Racing Network’s coverage will begin at 7:30 p.m. and also can be heard at goprn.com. SiriusXM NASCAR Radio will carry PRN’s broadcast.

FORECAST: The wunderground.com forecast calls for mostly clear skies, a high of 81 degrees and a 2% of rain predicted at the start of the race.

LAST RACE: Austin Cindric beat Riley Herbst in overtime to win Thursday night’s Kentucky race.

TO THE REAR: Daniel Hemric (driver change for No. 8 car), Justin Allgaier (backup car), Colby Howard (backup), Brandon Jones (backup), Kody Vanderwal (backup), Timmy Hill (backup), Brandon Brown (backup), Ronnie Bassett Jr. (backup), Tommy Joe Martins (unapproved adjustments)

STARTING LINEUP: Click here for the lineup

Stage is set for Cup teams in race for points

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With 10 races left in the Cup regular season, the push for stage points is starting to play a key role in strategy and the results are showing in the standings.

Austin Dillon holds what would be the 16th and final playoff heading into Sunday’s race at Kentucky Speedway (2:30 p.m. ET on FS1). But as Matt Kenseth nearly showed last weekend at Indianapolis Motor Speedway, a victory by a driver outside the top 16 will take a playoff spot away from one hoping to make it by points.

Teams also are mindful that the regular season finale will be at Daytona International Speedway, which could lead to a surprise winner. Three of the last five Cup points races at Daytona saw a driver score either their first or second career Cup win: Dillon, Erik Jones and Justin Haley.

Teams already are trying different strategies to get away from 16th in the standings or climb into a potential playoff spot.

Matt DiBenedetto entered the Pocono doubleheader weekend 15th in the standings. Focusing on stage results, he scored 17 stage points in the two races that weekend and added 11 stage points last weekend at Indy.

Stage points can just make such a huge difference, especially this point in the year when the point stuff is really starting to settle out a little bit,” DiBenedetto said after the Pocono weekend. “People are settling in place, so you’ve got to take everything you can get because that makes a big difference as far as securing a solid spot in the playoffs.”

Those 28 stage points he’s earned the past three races helped DiBenedetto climb to 12th in the standings heading to Kentucky. He’s scored 26 more stage points than Clint Bowyer the past three races. That 26-point advantage helped put DiBenedetto three points ahead of Bowyer in standings.

William Byron‘s stage win at Indy proved key in helping him climb the points standings. (Photo by Jamie Squire/Getty Images)

William Byron won the first stage last weekend at Indy and collected 10 stage points (and one playoff point) after crew chief Chad Knaus had Byron stay on track under caution when most of the leaders did pit with eight laps left in the stage. Byron restarted in the lead and held that position for the final four laps of the stage under green.

Those 10 points helped Byron pass Hendrick Motorsports teammate Jimmie Johnson for 14th in the standings. Byron leads Johnson, who sat out Indy because he had tested positive for COVID-19, by two points. Johnson has since had two negative tests for the coronavirus and been reinstated for this weekend.

Another driver who has benefitted from a strategy focused on stage points is Dillon. He’s scored 18 stage points the past three races to nine stage points by Jones. Dillon holds what would be the final playoff spot by six points on Jones.

2. Will this be Kyle Busch’s weekend?

The reigning series champion has one win in the last 38 races but heads to a Kentucky Speedway that has been good to him, even though Kurt Busch nipped his younger brother for the win in last year’s race.

Kyle Busch has two wins in nine starts at Kentucky and leads all drivers in top-five finishes (seven), top-10 finishes (eight) and laps led (621) at the track.

Busch’s lone victory in the last 38 races came in last year’s championship race in Miami. In that same span, his Joe Gibbs Racing teammates have combined to win 14 races.

Also during that 38-race stretch, Denny Hamlin and Kevin Harvick have combined to win 16 races (42.1%). Each has eight wins in that time.

3. Speeding on pit road

Here’s a look at the number of pit road speeding penalties drivers have had in the first 16 races of the Cup season:

6 – Quin Houff

5 – Ryan Newman, Bubba Wallace

4 – Corey LaJoie, Garrett Smithley, Daniel Suarez

3 – Ty Dillon, Ricky Stenhouse Jr., JJ Yeley,

2 – Christopher Bell, Clint Bowyer, Kyle Busch, Matt DiBenedetto, Austin Dillon, Denny Hamlin, Timmy Hill, Brad Keselowski, Joey Logano, Michael McDowell, Brennan Poole, Ryan Preece.

1 – Chris Buescher, William Byron, Chase Elliott, Joey Gase, Erik Jones, Matt Kenseth, John Hunter Nemechek, Tyler Reddick,

0 – Aric Almirola, Ryan Blaney, Alex Bowman, Kurt Busch, Cole Custer, Kevin Harvick, Jimmie Johnson, Martin Truex Jr.

4. Streakin’

With Jimmie Johnson missing last weekend’s race at Indianapolis after testing positive for COVID-19, his consecutive starts streak ended at 663, ranking fifth on the all-time list. Johnson has since been cleared to race this weekend at Kentucky Speedway.

Kevin Harvick ranks sixth on the list of longest consecutive starts streak with 656 consecutive starts heading into Sunday’s race at Kentucky Speedway.

Here is the top 6 in longest consecutive streaks:

797 — Jeff Gordon

788 — Ricky Rudd

704 — Bobby Labonte

697 — Rusty Wallace

663 — Jimmie Johnson

656 — Kevin Harvick

5. More of the same for Chevy teams?

Chevrolet teams are winless in their last eight Cup races and the manufacturer has one win in nine races at Kentucky. That victory came last year with Kurt Busch beating Kyle Busch at the finish.

Since Chase Elliott won the second Charlotte race in late May, Chevy drivers have not won. Elliott finished second in Miami, Ricky Stenhouse Jr. was second at Talladega and Matt Kenseth was second at Indianapolis.

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