Now, Ms. Perry is going to argue why 108 months is too much. She is saying he wanted to be the David fighting Goliath. She is saying he is a good father and friend to many. (daughters letters to be sealed) Ms. Perry is suggesting anyone who supports him gets attacked. this
is the basis why they didn't see a lot of letters. She is basically saying he is a kind man who is generous. She is citing his ex wife's letter. she is quoting his daughters letters. (using kids is always risky, many judges don't like it) Perry is trying to distance the
him from the recordings. This is odd as there is an appeal so is he going to admit guilt? he never testified. how is going to allocate? a lot of match playing here for sure. she is now claiming MA is humble. She is also saying he has remorse. She is now addressing deterrence.
she is referencing deterrence. she says he lost his license so he can't hurt anyone again. She says the facts are unusual in this case. she is addressing the charging decision issue. she says its impossible to discern MA's conduct and Mark Geragos who was NOT CHARGED.
Geragos wasn't representing Franklin for starters. She is now complaining he didn't get charged. She is arguing the charges are ambiguous. This is not a clear cut violent extortion case. This doesn't come close to a guideline sentence. She is arguing because Geragos was not..
charged, there is a need to avoid sentencing disparity. She is now citing other crooked attorneys who plead to extortion but got lighter sentences. The judge cuts her off and said one of the attorneys got a 5K. the judge said they offered the other attorney a plea which
had a statutory maximum. The judge is focusing on those cases that the defendant's plead out and accepted responsibility. In this case, Avenatti went to trial. She can't compare a plea deal versus a trial verdict. the judge is very smart, nothing will get past him. this..
argument is not moving the judge and she should move on. She is requesting a downward variance for MCC conditions as MA was in solitary in 10S. She wants a variance for that. I will release this thread now and wait for the judges comments on this issue.
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Judge is now ruling: Here we go. Judge is reciting the code. The judge is going through his researching and reasoning. He has something prepared. He is going through Franklin's background and representation by MA. Then the historical history of the case. Franklin..
wanted to reestablish his relationship with Nike and do this as a whistle blower and last compensation. Auerbach and Franklin provided documents to MA. (he was very desperate for money at this time) Nike referred Geragos to outside counsel. March 19, 2019, Geragos and MA met
at MG's office. MA didn't disclose he even brought Geragos into the case. (can't do this without client consent) Franklin didn't understand MA wasn't trying to persuade nike to get control of his team. MA had a different agenda. The judge is going over MA's threats for the
Avenatti is now doing his allocation. he said he dreamed of becoming an attorney. fighting for the little guy against goliath. i betrayed my profession. (THIS IS ALL ADMISSIBLE in his FRAUD TRIAL). He is asking himself why did this need to happen? He says all the fame, tv.
twitter, mean nothing. everyone wants to ride the limo, but not the bus. he said what matters is being a good dad to his children. that is the only legacy in life that matters. MA says he is truly sorry for the pain he caused franklin and others. (doesn't even mention Nike)
he says he can do better. he is welting up. court is silent. he is crying. he will do better if given a chance. he says he will never have the privilege of practicing law against. he is forever grateful for his family support. his allocation is very moving for sure. judge
Michael Avenatti sentencing continued: Perry is now claiming she was an AUSA. Again, not important that she hasn't seen MCC and how bad it was. No one is disputing MCC is not a great place. She is over arguing this. She is now telling this judge about what other judges do..
Always risky, telling a judge what other judges do. The judge didn't address her comments on the conditions. She is relying on the briefs and if he has any questions. Judge has none and invites the government counsel to speak. AUSA points to Mr. Franklin, and Nike. He..
called them defendants but he meant victims unless I heard it wrong. He now addressing MA. He is lamenting MA about referring this to negotiations or thin lines. He says the case is about deceit, threats, and taking from others, and abuse of trust. He is focusing on the
The sentencing is starting, court calls case. three AUSA's, and two special agents. danya perry, scott srebnick, judges addresses rule 5, and re directs governments obligation under rule 5. judge entered a written order, government reaffirmed. court is going through the
the submission of the parties. Srebnick, is going to address the court re: the sentencing guidelines, perry will address the actual sentence. judge is directing the probation department to correct portions of the report which are basically typographical errors. the court
otherwise adopted the facts of the report. the first issue is whether the extortion should grouped with the honest services. this would effect concurrent sentence issues. The judge is focusing on avenatti acting without authorization or direct, and not reveal confidential
MA: Defendant’s scheme to defraud these victim-clients was simple: first, he would negotiate, on behalf of a client, a settlement that would require the payment of funds to the client; then, he would misrepresent, conceal, and falsely describe to the client the true terms of the
settlement and/or the disposition the settlement
proceeds; next, he would cause the settlement proceeds to be deposited into a bank account that defendant controlled; he would then embezzle and misappropriate settlement proceeds to which he was
not entitled; and finally, he
would lull the client to prevent the client from discovering his embezzlement and misappropriation by, among other things, falsely denying that the settlement proceeds had been paid, sending funds to the client under the false pretense that such funds were “advances” on the
She can accept credit cards for her beauty business and "lashes's business. The judge is having her get consent for any expense over $5k. Her attorney said he is on the housewives show as her other business. Judge now wants defense position for the large bond.
Here attorney is
opposing cash or property. This is probably because they took her available cash! He is opposed to any security for the bond.
The judge is telling the attorney what a financially responsible person who actually asked the judge what the government meant by that. The judge asked
the attorney if he ever practiced here.
The judge then asked if she owns her home and her attorney said she does not own any other real property and rents her home.
Her attorney is panicking about the security for the bond because she has none!
Judge asked where her passport is