‘I Got too close to the sun’ Michael Avenatti is known for saying as he challenged President Trump. And now, another defeat for him. Now, on the net, Mr Avenatti has been siding with Trump…
Wow. Even Trump-hater Michael Avenatti is saying that Donald Trump will win his New York hush money case 👇 https://t.co/DfNluEvU14
— Proud Elephant 🇺🇸🦅 (@ProudElephantUS) May 28, 2024
On Tuesday, the Supreme Court dismissed an appeal from Michael Avenatti, the former lawyer for Stormy Daniels, regarding his 2020 conviction for attempting to extort up to $25 million from the shoemaker Nike. This case is one of three that have resulted in Avenatti’s imprisonment.
Avenatti, who gained notoriety for his legal confrontations with former President Donald Trump related to a hush money payment to Daniels, was sentenced to 2½ years in prison. He faced charges of attempted extortion and honest-services fraud. His conviction stemmed from threats to expose what he claimed was evidence of Nike making improper payments to high school basketball players unless the company paid $1.5 million to one of his clients and between $15 million to $25 million for him and an associate to conduct an internal investigation into the company.
Supreme Court leaves in place Avenatti conviction for plotting to extort up to $25M from Nike https://t.co/MQ9CrU0Ds4
— The Associated Press (@AP) May 28, 2024
The lawyer from California maintained that his actions were part of legal settlement discussions on behalf of his client, a coach in the Amateur Athletic Union who had leveled the allegations against Nike. Nike has consistently denied these accusations.
In defense, Avenatti’s public defender argued before the Supreme Court that the worst Avenatti could be accused of was misusing his fiduciary duty to his client by leveraging the situation to secure his own payment. However, the U.S. Court of Appeals for the 2nd Circuit, based in New York, previously determined that it was unreasonable to believe that Avenatti was acting in his client’s interests. They noted he was primarily focused on securing millions of dollars for himself, rather than advocating on his client’s behalf. The district judge echoed this sentiment, indicating that Avenatti had exploited his client’s claims to seek a substantial personal financial gain.
Additionally, Avenatti challenged the constitutionality of the criminal code under which he was charged with honest-services fraud, arguing that it was too vague. Nonetheless, the Justice Department upheld that the statute was clear enough for an ordinary person to understand what conduct was prohibited and did not permit arbitrary enforcement. The federal mail and wire fraud statute identifies criminal activity as “a scheme or artifice to deprive another of the intangible right of honest services.” The Supreme Court had already ruled in 2010 that this law, encompassing bribery and kickback schemes, is not unconstitutionally vague.
This unsuccessful appeal is not Avenatti’s only legal woe. He previously represented Daniels in a lawsuit related to a payment intended to prevent her from disclosing a past sexual encounter with Trump during his presidential campaign. This high-profile case is separate from the legal battles that led to his conviction and subsequent appeals.
Major Points
- The Supreme Court dismissed Michael Avenatti’s appeal concerning his 2020 conviction for attempting to extort up to $25 million from Nike.
- Avenatti, formerly Stormy Daniels’ lawyer, was sentenced to 2½ years in prison on charges including attempted extortion and honest-services fraud.
- He threatened to expose alleged improper payments by Nike to high school basketball players unless they compensated him and a client.
- Appeals courts and the Supreme Court found Avenatti prioritized personal gain over his client’s interests, rejecting his defense that the relevant criminal code is unconstitutionally vague.
- This legal setback is one among several for Avenatti, who also represented Daniels in a high-profile lawsuit against Donald Trump.
James Kravitz – Reprinted with permission of Whatfinger News
