Avenatti's Lawyer Eyes Stormy Daniels' Credibility as Defense to Theft Charges
Prosecutors in the Southern District of New York last year charged Avenatti with wire fraud and aggravated identity theft for allegedly stealing nearly $300,000 from a book advance that was being paid to Daniels for her memoir.
February 25, 2020 at 06:04 PM
4 minute read
The original version of this story was published on New York Law Journal
A new lawyer for Michael Avenatti, the disgraced California attorney convicted earlier this month of extorting Nike Inc., said he plans to make Stormy Daniels' credibility a central issue in an upcoming trial on charges that he stole from the adult film star and one-time client.
Thomas Warren, a partner with Pierce Bainbridge Beck Price & Hecht, said Avenatti's defense team would challenge inconsistent statements that Daniels, whose real name is Stephanie Clifford, had made about her relationship with Avenatti, as well as money that she supposedly owed him for legal work he did on her behalf.
"I wouldn't pass up the opportunity to cross-examine Stormy Daniels in a million years," Warren told reporters after a hearing Tuesday afternoon in Manhattan federal court.
"It isn't a documents case, really. It's a case about the credibility of Stormy Daniels," he said.
The comments followed Avenatti's first court appearance after a Manhattan federal jury convicted him Feb. 14 in a separate scheme to shake down Nike Inc. for $15 million and $25 million. Sentencing in that case has been scheduled for July.
Clark Brewster, an Oklahoma attorney who represents Daniels, said there were months of texts between his client and Avenatti to corroborate the government's allegations, and he said the suggestion that Daniels owed Avenatti money was "preposterous."
"I guess that's a better defense than making [Avenatti's] credibility a central issue," Brewster said in a phone interview. "That didn't work the last time."
"I guess that's off the table, so now he wants to attack her. Good luck with that," he said.
Avenatti rose to national prominence thanks in large part to his representation of Daniels in her lawsuit against President Donald Trump, whom she accused of engaging in an extramarital affair. Trump has repeatedly denied ever having a sexual liaison with Daniels.
Prosecutors in the Southern District of New York last year charged Avenatti with wire fraud and aggravated identity theft for allegedly stealing nearly $300,000 from a book advance that was being paid to Daniels for her memoir "Full Disclosure."
According to the May 22 indictment, Avenatti forged Daniels' name on a letter he sent to her literary agent, and instructed that two payments be sent to a bank account under Avenatti's control. Prosecutors alleged that Daniels did not know about the bank account, and said half of the diverted sum has yet to be repaid.
Avenatti, who was formerly represented by San Clemente, California-based attorney H. Dean Steward, lost his bid in September to have the case moved to a federal court in California, where he is also charged in a sprawling indictment with stealing millions of dollars from unsuspecting clients and filing false tax returns. Trial in that case is expected to begin in May.
Avenatti has been held in Manhattan's Metropolitan Correctional Center since a California federal judge ruled in mid-January that he had violated the terms of his pretrial release. Attorneys for Avenatti had complained that he was being held in the jail's secure housing unit, where he had limited access to his attorneys and was kept in lockdown for 23 hours per day.
Since his conviction, Warren said Avenatti has been moved to the general population at MCC, where the conditions are less onerous and he is allowed more time outside of his cell.
Avenatti appeared Tuesday before U.S. District Judge Jesse M. Furman of the Southern District of New York wearing a light blue shirt and dark-colored pants. He was escorted to and from the courtroom by U.S. Marshals, with shackles around his feet and hands.
Asked by Furman whether they still expected to take the case to trial in light of Avenatti's recent conviction, attorneys for the defense and prosecution said that little had changed.
Responding to a question from a reporter after the hearing, Warren said, "It's my job to always be prepared for trial, and that's what I plan to do."
Furman has inherited the case from the late Judge Deborah A. Batts, who died suddenly earlier this month. Furman said the he would stick with the "firm" April 21 trial date Batts had scheduled in the case.
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLitigators of the Week: A Trade Secret Win at the ITC for Viking Over Promising Potential Liver Drug
Trending Stories
- 1PepsiCo's Legal Team Champions Diversity, Wellness, and Mentorship to Shape a Thriving Corporate Culture
- 2The Dynamic Duo Behind CMG's Legal Ops Team
- 3Land Use Issues Presented By Cold Storage Warehouses
- 4Zero-Dollar Verdict: Which of Florida's Largest Firms Lost?
- 5Appellate Div. Follows Fed Reasoning on Recusal for Legislator-Turned-Judge
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250