Thread by @meghanncuniff

Michael Avenatti's lawyers in the Stormy Daniels case want his May 24 sentencing delayed by 60 days, so they can "prepare and obtain mitigation related to loss-amount arguments" which is crucial to wire fraud prison sentences. Filed tonight.

As I said back in February, New York prosecutors have said the total dollar amount loss here is $148,750, the amount of @StormyDaniels' third book payment that to this day she's never received.

https://twitter.com/meghanncuniff/status/1489721099101290500

Avenatti also took Stormy's second $148,750 payment, but he ended up giving her the money a few weeks later, the same day he got a $250,000 loan from @markgeragos, as lawyer Sean Macias' testimony revealed in the Stormy trial in Manhattan last month. bit.ly/3rEwy6P

Prosecutors have said they aren't counting that payment in total loss amount, which is interesting because there are varying prosecutorial approaches to calculating total loss for wire fraud sentences. Some try to include money that was stolen but then reimbursed w/ other money.

In the Summer of Avenatti Trial last year in California, @USAO_LosAngeles clearly differentiated between actual settlement money that Avenatti got for clients, and other money he used for small payments to them after he spent the original settlement money. bit.ly/3CA9VEa

We of course never got to total loss amount arguments because there as a mistrial and Avenatti was never convicted, but it's a safe bet prosecutors were going to argue the total loss amount should be the original settlement money Avenatti stole, with no credit for other payments.

That's what other @USAO_LosAngeles prosecutors tried to do in this low-profile case of another lawyer charged with wire fraud in a client theft scheme who was tried and convicted last summer in LA. bit.ly/3sV0U4x

It appears the judge in that case didn't do it, though, because the imposed sentenced was two years less than prosecutors requested. (I didn't go to the sentencing and there is no written opinion about the total dollar loss.) bit.ly/3sV0U4x

This shows how total loss affects sentencing. In Avenatti's case, if New York prosecutors do indeed argue for $148,750, the chart says the defense will have to try to get it under $95,000 to make a difference.

Judge Jesse Furman said last month that the May 24 sentencing is pretty well set, unless it ends up conflicting with Avenatti's re-trial in California. Which, after that incredibly fast turnaround by the 9th Circuit, there is a chance that could happen. bit.ly/3qb4ZB4