Michael Avenatti Accused of Taking $2M Settlement Meant for Miami Heat Player's Ex-Girlfriend
California prosecutors allege Michael Avenatti never showed his client a $3 million settlement agreement and hid the first payment from Miami Heat player Hassan Whiteside, but Avenatti says otherwise.
April 22, 2019 at 04:14 PM
4 minute read
A 36-count indictment against celebrity attorney Michael Avenatti in the Central District of California includes allegations he swiped $2.5 million in settlement money that NBA star Hassan Whiteside paid to ex-girlfriend Alexis Gardner.
Avenatti was entitled to a 33 percent cut of the $3 million settlement he helped negotiate between Gardner and the Miami Heat star. But federal prosecutors claim he secretly took almost all of the initial $2.75 million paid in January 2017, allegedly putting it toward a private jet from Honda Aircraft Co. LLC.
The LA Times broke the story, which stems from a grand jury indictment April 10, accusing Avenatti of tax evasion, perjury and theft from five different clients. Gardner is reportedly “Client 2″ in the charging document, while Whiteside is “Individual 1.”
Also among Avenatti's accusers is a man with paraplegia who says he got just $124,000 of a $4 million settlement.
Avenatti has denied any wrongdoing.
“No monies were embezzled from anyone,” he said in an emailed statement. “I look forward to ALL of the details coming out regarding Hassan Whiteside's settlement, the money received by the client, the money deducted for fees and costs, etc. and the reason why he paid the money. I especially look forward to the inquiry by the NBA and its commissioner — we will fully cooperate if contacted.”
Prosecutors claim Avenatti never gave the settlement agreement to Gardner and hid the first payment from her. Whiteside wired the initial $2.75 million on Jan. 25. 2017, according to the indictment, and was scheduled to pay the remaining $250,000 in November 2020. But Avenatti allegedly moved $2.5 million of it to the bank account of X-Law Group, owned by Avenatti's then-law partner Filippo Marchino.
Counsel to Marchino and his firm, David Gammill, said his client knew nothing about the source of the money and is outraged at what has come to light.
“[My clients] will continue to assist in any investigation of Mr. Avenatti's fraudulent schemes and actively assist their clients in any way they can,” Gammill said. “Mr. Marchino and The The X-Law Group continue to represent Ms. Gardner in the pursuit of her stolen money. They look forward to justice being done and hope all victims of Avenatti, including themselves, can be made whole.”
Avenatti had told Gardner she'd receive the money in 96 monthly installments over eight years, according to the charging document, which says Avenatti gave her $194,000 over 11 months, but stopped when he claimed Whiteside wasn't complying with the settlement agreement.
|Read the indictment:
The underlying settlement reportedly represented Gardner's “investment of time and support over a number of years” during Whiteside's NBA career. Whiteside joined the Miami Heat in 2014 and was one of 2018's highest-paid athletes, according to Forbes.
His agent told the LA Times, “It is unfortunate that something that was meant to be kept private between us is now being publicly reported. We have both moved on amicably and wish nothing but the best for each other.”
Manhattan prosecutors launched similar charges against Avenatti in the Southern District of New York, accusing him of financial fraud and claiming he tried to extort millions from sportswear giant Nike.
Avenatti became a household name for representing adult-film star Stephanie Clifford, known as Stormy Daniels, who was allegedly paid during the 2016 election to keep quiet about an affair with President Donald Trump. The two parted ways in February.
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