Curtis Polk at the Center of NASCAR’s Explosive Legal Battle—Accused of Leading “Illegal Cartel”
A powerhouse in the sports world, Curtis Polk has been Michael Jordan’s right-hand man since 1989. As a renowned sports agent and key figure in Jordan’s NASCAR venture, Polk co-owns 23XI Racing, the Cup Series team making headlines in a heated legal war with NASCAR. But now, the focus has shifted to Polk himself, as NASCAR has accused him of orchestrating an “illegal cartel” in a stunning counter-lawsuit.
Who is Curtis Polk?
While little is known about his early years, Polk’s influence in sports is undeniable. As a sports agent and Executive Vice President at SFX Entertainment, he has represented Michael Jordan, Patrick Ewing, and Juwan Howard, among other top-tier athletes. In 1992, he co-founded Falk Associates Management Enterprises, and by 1996, he had negotiated four of the NBA’s five highest-paying contracts.
When Jordan owned the Charlotte Hornets, Polk served as vice chairman and played a pivotal role in reshaping Jordan’s relationship with Nike. His contributions earned him recognition in Sports Business Journal’s “Forty Under Forty” and Sporting News’ “100 Most Powerful People in Sports”.
Beyond business, Polk is also a philanthropist, actively supporting the Juwan Howard Share the Care Foundation and local Jewish organizations.
How is Curtis Polk Tied to NASCAR—and Why is He Being Sued?
Michael Jordan and Denny Hamlin launched 23XI Racing in 2020, quickly establishing it as a serious contender with 10 Cup Series victories from Bubba Wallace and Tyler Reddick. However, the team is now locked in a bitter lawsuit with NASCAR, alongside Front Row Motorsports (FRM), accusing the sanctioning body of monopolistic practices in the charter system.
But in a dramatic twist, NASCAR has fired back—specifically targeting Polk. According to their March 5, 2025, counter-lawsuit, Polk is accused of leading a conspiracy to manipulate negotiations in favor of the teams. The legal document states:
“Beginning no later than June 2022, Counterclaim Defendants engaged in a conspiracy and agreement in unreasonable restraint of interstate trade and commerce, constituting a violation of Section 1 of the Sherman Act. Curtis Polk knowingly and actively orchestrated and participated in this illegal conspiracy, while working as a member of the TNC (Teams Negotiation Committee) on behalf of the RTA and aiding 23XI’s and Front Row’s participation in the scheme.”
The Ongoing Battle: NASCAR vs. 23XI & FRM
The root of the dispute lies in NASCAR’s new charter agreement for 2025 and beyond. When it was introduced in September 2024, 13 out of 15 Cup Series teams signed under pressure, but 23XI Racing and FRM refused. A month later, they filed an antitrust lawsuit, challenging NASCAR’s control over team charters.
Initially, a federal court denied their request for an injunction, citing insufficient evidence of harm. But in December 2024, Judge Kenneth Bell ruled that the teams’ drivers could leave without a secured charter, forcing NASCAR to grant both teams a spot for the 2025 season.
Now, NASCAR is striking back with a counter-lawsuit, claiming that Polk and the teams tried to “weaponize the antitrust laws” to force better financial terms. NASCAR’s statement directly calls out Polk, stating:
“His individual role was at the very center of the plot to use collusive behavior to extract more favorable commercial terms from NASCAR in the Charter negotiations.”
Legal Expert Weighs In: “This Changes Nothing”
Jeffrey Kessler, legal counsel for 23XI Racing and FRM, dismissed NASCAR’s counter-lawsuit as baseless, stating:
“My clients’ lawsuit has always been about transforming NASCAR into a more competitive and fair sport for the benefit of drivers, fans, sponsors, and teams because of their love of the sport. Every major sport goes through a transition to competition when antitrust claims are asserted, and that moment has come for NASCAR.”
He added:
“Today’s baseless filing changes nothing. We are confident in the strength of our case and look forward to presenting it at trial.”
Will the Charter System Survive?
Since 2016, the charter system has guaranteed NASCAR teams a starting spot and a share of the prize money. However, if Polk and the teams win their lawsuit, NASCAR may scrap the system altogether.
Chris Yates, NASCAR’s lead attorney, hinted that no renegotiation would take place, stating:
“We’ll obviously comply with that, but … this is not going to be a renegotiation of the 2025 charter. That’s not going to happen. … I don’t see a great path to settlement.”
The counter-lawsuit is now set for trial on December 1, 2025, in the U.S. District Court in Charlotte, North Carolina. Yates also confirmed NASCAR’s intention to seek a summary judgment, potentially aiming to shut down the case before trial.
What’s Next for Curtis Polk?
As NASCAR takes an aggressive legal stance, Curtis Polk’s role in the lawsuit is now under intense scrutiny. Will he be able to clear his name, or will NASCAR’s accusations derail his legacy in motorsports?
One thing is certain—this high-stakes legal battle is far from over.