Michael Avenatti just filed his reply to prosecutors' opposition to his double jeopardy motion. "The government’s consistent assertions that there was no Brady violation is based on an alarming misunderstanding of the law." bit.ly/2Y3uxFp
Here's a previous thread with the motion and opposition. There's a hearing Monday with Judge Selna.
One thing that jumps out at me is the argument over how much Avenatti actually stole from clients. Prosecutors said the entire settlement amounts, but Avenatti is saying info he's found undercuts that assertion.
HOWEVER, as I explained in this now-outdated trial story, prosecutors differentiate between the actual settlement money and the small payments Avenatti made to some clients. Those payments were from other sources, as expert John Drum's charts explained. bit.ly/3CA9VEa
Another filing today, with prosecutors seeking to prevent jurors in second trial from hearing anything about the mistrial. "Neither the fact that there was a first trial, the fact of a mistrial, nor the reason for the mistrial is relevant to the charges." bit.ly/3upqte3
Also, Judge Selna requested info regarding the remaining server data for Monday's status conference. "In other words, can the production of the full server be short-circuited so that entire production is not needed." bit.ly/3CXarev Image
Well today is turning into a treasure trove of unexpected Avenatti filings. Here's another one from the USA seeking to limit Avenatti's cross-examinations. It opens with a quote from Judge Selna: “Your right to cross-examine isn’t unlimited.” ⚖️ bit.ly/3F0Qp4J
The flip chart also gets a shoutout. "In addition, defendant spent considerable time during the cross-
examination of several witnesses writing information on a flip chart..." bit.ly/3F0Qp4J Image
Oh boy. Here's the most interesting one yet. Prosecutors want Avenatti prohibited from mentioning his former law partner turned creditor Andrew Stolper, including the Broadcom case and Stolper's friendship with AUSA Brett Sagel. bit.ly/2ZKsoyL 👀
"As the Court is aware, the entire predicate of defendant’s questions in relation to Mr. Stolper’s decision to leave is the U.S. Attorney’s Office is false." The motion references Stolper's severance agreement with Avenatti, which I posted here:
And here's a new motion from Avenatti, seeking to exclude the testimony of chart maker and @OhioState Buckeye John Drum of @analysisgroup. "During the trial, and beyond, the critical nature of the missing financial data was revealed." bit.ly/39OxdZs
Here's a thread I did during trial about Drum's testimony and his charts.

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More from @meghanncuniff

1 Oct
Michael Avenatti just filed a status report ahead of Monday’s 9 a.m. hearing with Judge Selna, and it’s still really not looking good re: all the stuff @TheJusticeDept still needs to give him. He’s asking for 75 days to review aka a trial delay. bit.ly/3l0NxwL Image
Here's another Avenatti-related filing, this time in the law firm bankruptcy case. The trustee wants more time to file adversary cases (which seek to recover misused firm money), and his reasons remind of what we're seeing with the server data in the criminal case. Image
"...the volume of pre-petition financial information to be analyzed, the cumbersome nature of accessing that information in the Forensic Image, and Avenatti’s practice of transferring funds among entities without explanation have all delayed that work." Image
Read 4 tweets
1 Oct
It’s a beautiful Friday afternoon after a long and action-packed week, which means it’s time to go sit in a dumpy @OCSuperiorCourt courtroom and find out if @PIMCO billionaire Bill Gross is going to go to jail for his Laguna Beach neighbor dispute. Stay tuned for updates! ⚖️🧵⚖️ Image
This is the saga that has showcased Gross’ taste in decades-old TV show theme songs, including “Gilligan’s Island” theme. Today is about whether he violated a court order that prohibits him from playing music in violation of city code or on outdoor speakers when he's not outside.
At issue is what happened during what looks like a very fun night for the Grosses back in July. A video of Amy singing in the swimming pool was played REPEATEDLY during the hearing. (So, so many times.)
Read 38 tweets
20 Sep
It’s Monday and I’m here at the federal courthouse in Santa Ana, California, for what should be a short status conference in Michael Avenatti’s wire fraud case. Follow this thread for updates from the courtroom.
⚖️🧵⚖️
Avenatti's case is on Judge Selna's 9:30 a.m. calendar. There's a sentencing ahead of them, but they're doing that one now, so Avenatti's should start right at 9:30 a.m. cacd.uscourts.gov/daily-calendar
Remember, when we last left off last Wednesday, Judge Selna had ordered @TheJusticeDept to give Avenatti complete copies of the forensic images of his law firm servers. Here's my @lawdotcom article on that: bit.ly/2YR2bOs
Read 24 tweets
17 Sep
Michael Avenatti is asking the California federal judge who declared the mistrial in his wire fraud case to dismiss his charges because of prosecutorial misconduct. Motion just filed: bit.ly/3lyZngO
The motion includes a massive 560 pages o' exhibits and declarations. Available here on Google Drive: bit.ly/3hH1nCg
This motion has a tough road ahead, as Judge Selna didn't find prosecutorial misconduct and has told Avenatti a retrial is pretty clearly in order. He also said at Wednesday's status conference the Nov. 2 trial is for sure happening.
Read 6 tweets
15 Sep
Another chapter in Orange County homeless saga continues w/ motion to halt closure of service provider. This is part of a proposed class action, and not exactly the harmonious dispute resolution process Judge Carter's consent decrees were aimed at: bit.ly/3Clno1D
This isn't completely unexpected, as there are other lawsuits including Santa Ana's still-pending lawsuit against OC over jail releases and out-of-city transfers, which I wrote about last year for @timesocofficial. lat.ms/3AiDMPH
But it's worth noting that people in LA celebrate Judge Carter's involvement up there because they want to replicate the same kind of consent decree dispute resolution process. But that assumes things are actually going well in OC, which is in reality heavily debatable.
Read 8 tweets
15 Sep
It’s Wednesday in Orange County, California, and I’m here at the federal courthouse because Judge Selna is getting the gang back together again i.e. there’s a 9 a.m. status conference in Michael Avenatti’s wire fraud case. Follow this thread for updates from the courtroom. ⚖️🧵⚖️
The judge called this status conference after receiving reports of trouble on the Tabs3 front, with Avenatti already saying a trial continuance is needed and prosecutors artfully telling Selna his mistrial ruling was flat wrong. Here's the USA's brief: bit.ly/3lowaF2
And here's Avenatti's status update on the remaining financial data @TheJusticeDept is to give him. bit.ly/3lsiCIL He's in court now awaiting Judge Selna, and was asking AUSA Patrick Fitzgerald of the privilege-review team aka taint team about the remaining files.
Read 27 tweets

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