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Disgraced, Former Anti-Trump Lawyer Handed Giant Defeat


Remember Trump-hater Michael Avenatti?

The former, disgraced attorney made headlines for representing Stormy Daniels in one of her defamation lawsuits against President Trump. … He also made headlines for various forms of fraud he was convicted for. …

I want to stress that Avenatti was defrauding people left and right, multinational corporations, his clients, and later Deniels herself. …

Avenatti was arrested in 2019 and later sent to prison for extorting Nike. …Following his conviction and sentencing Avenatti sought to overturn the initial verdict.

Reuters Legal summed up the court’s ruling: “Lawyer Michael Avenatti failed to overturn his conviction for extorting Nike. The 2nd Circuit rejected Avenatti’s claims that the evidence didn’t support his conviction and that jurors were instructed incorrectly about whether he defrauded his client.”

 

Courthouse Reporter Josh Russell presented some of the corresponding court documentation: “2nd Circuit Court of Appeals rejects Michael Avenatti’s “meritless” claims comprising his appeal of his 2020 conviction for attempting to extort $25 million from Nike.”

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The New York Post provided the background information surrounding the case:

His February 2020 conviction arose from his tape-recorded threat the prior March to stain Nike’s reputation and hurt its stock price by exposing the athletic wear company’s alleged corrupt payments to families of college basketball prospects.

Avenatti was heard threatening to “blow the lid” on Nike at a press conference unless the company paid up to $25 million for him to conduct a probe, plus $1.5 million to his whistleblowing client, youth basketball coach Gary Franklin.

Legal journalist Meghann Cuniff provided the 79-page ruling from the court and this passage: “Accordingly, because Avenatti’s arguments on appeal all fail on the merits, we AFFIRM the February 18, 2022 amended judgment of conviction in its entirety.”

 

One footnote from the court documentation reads:

“The record is devoid of evidence as to Avenatti’s billing rates or the precise time he spent on Franklin’s behalf. Nevertheless, it shows that Avenatti first spoke with Geragos about Franklin’s concerns on March 1, 2019, and that Avenatti was arrested on the morning of March 25, 2019.

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Even assuming what is highly unlikely-that the two men worked 24 hours a day for those 25 days (i.e., 25 x 24 x 2 = 1,200 hours), each billed $1,000 perhour (i.e., 1,200 x $1,000 x 2 = $2,400,000), and had $250,000 each in expenses (i.e., $250,000 x 2 = $500,000) – that totals $2,900,000, nowhere near the $12
million for which the demanded retainer would have required immediate payment (deemed earned when paid) or the guaranteed total $15 million minimum payment.

Nor is there evidence of any other rational fee arrangement-e.g., contingency-that would support such an extraordinary payment. 25 Given Avenatti’s failure ever to mention his retainer demand to Franklin, and his plan to document the retainer separately from Franklin’s settlement and release, a reasonable jury could conclude that Avenatti did not intend to secure Franklin’s informed consent.”

Daily Caller added:

Moreover, Avenatti received an additional two and a half years in 2022 for defrauding Daniels out of a book deal.

Further, a judge sentenced Avenatti to another 14 years following his pleading guilty to embezzling millions from four of his clients.



 

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