Michael Avenatti's sentencing for extorting Nike is about to begin.
Read more about his sentencing judge recently rejecting his bid for a new trial on a number of grounds—including the fears of an ex-employee turned state's witness.
lawandcrime.com/high-profile/m…
Read more about his sentencing judge recently rejecting his bid for a new trial on a number of grounds—including the fears of an ex-employee turned state's witness.
lawandcrime.com/high-profile/m…
The proceedings are starting right now.
AUSA Podolsky introduced the government's table.
AUSA Podolsky introduced the government's table.
Avenatti's attorney Danya Perry introduces for the defense table.
Judge Gardephe is rattling off the federal sentencing guidelines and the relevant enhancements, now talking about the one for "abuse of trust."
Avenatti's attorney Danya Perry is now up:
"He feels he's brought enough pain to his parents and visited enough shame to his family."
"He feels he's brought enough pain to his parents and visited enough shame to his family."
Perry says Avenatti "lost his way."
"He always had an interest and passion for the law."
"He really did want to be the David fighting the Goliath."
She says Avenatti will address the court later.
"He always had an interest and passion for the law."
"He really did want to be the David fighting the Goliath."
She says Avenatti will address the court later.
Perry has asked for the letters submitted to the court by his teenage daughters to be sealed, citing public abuse of anyone who defends Avenatti.
—Including her, as a female lawyer, Perry adds.
—Including her, as a female lawyer, Perry adds.
Perry on the recordings extorting Nike:
"They made my skin crawl."
"He lost his way, and he knows it."
"They made my skin crawl."
"He lost his way, and he knows it."
Speaking about his epic fall, Perry says Avenatti served "hard time" already including "brutal" conditions of solitary confinement.
That would be enough to deter the general public from following his path.
His law career is over, she says.
That would be enough to deter the general public from following his path.
His law career is over, she says.
Perry questions why Avenatti was charged and his co-counsel in the case Mark Geragos was not.
Perry says her goal in bringing up Mark Geragos is not to offer a "whataboutism" argument, but to put the "unwarranted sentencing disparities" into perspective.
Geragos has not been charged.
Geragos has not been charged.
Perry says that Avenatti was in the 10 South unit of MCC, a notorious section known for holding terrorism suspects and other high-profile detainees.
Background on the unit: theatlantic.com/ideas/archive/…
Background on the unit: theatlantic.com/ideas/archive/…
The government is now up:
"This case wasn't about hard nosed negotiations. It wasn't about tough negotiations... It was about deceit. It was about threats. It was about taking from others. It was about abuse of trust."
"This case wasn't about hard nosed negotiations. It wasn't about tough negotiations... It was about deceit. It was about threats. It was about taking from others. It was about abuse of trust."
The prosecutor slams his treatment of his former client Gary Franklin, the amateur basketball coach whose case he used in his talks with Nike.
AUSA: "[Avenatti] saw Mr. Franklin as a way to get himself rich."
AUSA: "[Avenatti] saw Mr. Franklin as a way to get himself rich."
Avenatti speaks
Avenatti:
"Your honor, when I was a child, I dreamed about becoming a lawyer. Other kids dreamed about becoming athletes... but I dreamed about becoming a lawyer, about becoming a trial lawyer."
"Your honor, when I was a child, I dreamed about becoming a lawyer. Other kids dreamed about becoming athletes... but I dreamed about becoming a lawyer, about becoming a trial lawyer."
Avenatti says he dreamed of "fighting for the little guy against the Goliath."
"For years, I did just that, but then I lost my way. I betrayed my values, my friends, my family and then, myself," he says.
"I became driven by the things that don't matter in life."
"For years, I did just that, but then I lost my way. I betrayed my values, my friends, my family and then, myself," he says.
"I became driven by the things that don't matter in life."
Avenatti:
"TV and Twitter, your honor, mean nothing."
"TV and Twitter, your honor, mean nothing."
Avenatti says people want to sit in the limo with you but not ride with you on the bus.
"Even fewer want to take you calls from prison," he says.
His voice cracks as he says he now knows he will never have the "privilege of practicing law again."
"Even fewer want to take you calls from prison," he says.
His voice cracks as he says he now knows he will never have the "privilege of practicing law again."
Judge Gardephe is about to pronounce his sentence.
The preamble begins:
Gardephe is reciting the facts of the case.
Gardephe is reciting the facts of the case.
Judge quoting Avenatti: "This is going to be a major fucking scandal. I am going to bring the power of my platform to bear."
“Have you ever held the balls of a client in your hand?"
— another Avenatti quote recited by U.S. District Judge Gardephe
— another Avenatti quote recited by U.S. District Judge Gardephe
Judge Gardephe:
"Mr. Avenatti's conduct was outrageous. He hijacked his client's claims, and he used those claims to further his own agenda," i.e. extorting Nike.
Franklin was a "convenient pawn" for Avenatti, he adds.
"Mr. Avenatti's conduct was outrageous. He hijacked his client's claims, and he used those claims to further his own agenda," i.e. extorting Nike.
Franklin was a "convenient pawn" for Avenatti, he adds.
Gardephe:
"Mr. Avenatti became drunk on the power of his platform—or what he perceived his platform to be."
"Mr. Avenatti became drunk on the power of his platform—or what he perceived his platform to be."
Gardephe tears into Mark Geragos, whom he calls a "central figure in the criminal conduct" and notes was an "unindicted co-conspirator."
30 months for Michael Avenatti
Developing story here
Developing story here
https://twitter.com/KlasfeldReports/status/1413208002656718849?s=20
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