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May 28, 2019

Avenatti Pleads Not Guilty to Fraud, Identity Theft in Stormy Case

NEW YORK – Appearing before a U.S. District Judge Deborah Batts in New York today, embattled attorney Michael Avenatti pleaded not guilty to charges of wire fraud and aggravated identity theft in representing adult performer Stormy Daniels.

According to prosecutors, Avenatti took money from a book deal which was supposed to go to Daniels – one of several instances in which prosecutors claim Avenatti ripped off a client. The judge in the case set bail at $300,000 and Avenatti agreed not to have contact with Daniels. The $300,000 figure matches the amount prosecutors claim Avenatti diverted from Daniels’ publisher in the book deal.

One of Avenatti’s attorneys, Scott Srebnick, who is representing Avenatti in the case in which he’s accused of attempting to extort money from Nike, reportedly indicated he’s hesitant to take on the case involving Daniels. If he does decide to take the case, Srebnick indicated he’d likely try to get the case transferred to California, where the attorney is facing similar charges that he defrauded five other clients.

“This is the sixth client that the government alleges has been defrauded through the same modus operandi,” Srebnick said, according to Courthouse News, adding that the multiple federal indictments he faces are stretching thin Avenatti’s his client’s resources. “It just makes eminent sense for this case to be transferred to California. It’s a very rare situation.”

Assistant U.S. Attorney Matthew Podolsky argued that the case is already in the correct venue, given the facts involved.

“There’s no likelihood of success on the merits on the motion to transfer this case,” Podolsky said, adding later that the motion, if filed, would be “clearly a delay tactic.”

For her part, Judge Batts wasn’t about to waste her time entertaining potential motions from an attorney who isn’t yet representing Avenatti in the case at bar.

“The motion to make the motion is denied,” Batts said, adding an order that Avenatti retain counsel before his next hearing in the case, which is scheduled for June 8. Avenatti’s current counsel in the case, Sylvie Levine, is an attorney with the Federal Defenders of New York who was representing Avenatti only for his arraignment today.

The hearing is not the only one Avenatti will attend today; he’s also due for a 3:30pm hearing in the Nike case, which will be overseen by U.S. District Judge Paul Gardephe.



 
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