After shocking NY arrest, Avenatti faces court in California

Law Journals

A week after Michael Avenatti’s shocking arrest in New York, the attorney famous for representing porn star Stormy Daniels in legal battles against President Donald Trump will be back in federal court Monday to face fraud charges in California.

The brash lawyer faces a hearing in the Orange County city of Santa Ana on charges he fraudulently obtained $4 million in bank loans and pocketed $1.6 million that belonged to a client. Avenatti has long faced allegations from a former client and a former partner that he was hiding money to avoid paying what he owed.

Now, federal authorities are adding their voices to that chorus, with the specter of a long prison sentence that could be the downfall of a man who once considered challenging Trump in his re-election bid.

Avenatti, 48, is charged with wire and bank fraud. He was arrested last week in New York and released on $300,000 bail on unrelated extortion charges. He has said he expects to be exonerated.

Federal prosecutors in New York allege that Avenatti tried to shake down Nike for millions of dollars so he wouldn’t reveal allegations the apparel company paid off high school basketball players. He has denied the charge to reporters and began tweeting what he called evidence of the scandal the day after he was arrested.

In California, federal prosecutors said Avenatti filed bogus tax returns to fraudulently secure $4 million in loans from a Mississippi bank and embezzled a client’s settlement funds.

The U.S. attorney’s office in Los Angeles said Monday’s hearing would likely focus on setting future court dates.

Avenatti is known for his outspoken challenge of Trump and lavish lifestyle, including renting a $100,000-a-month home in upscale Newport Beach. He represented Daniels in her claim that Trump paid her to keep quiet about their alleged affair ahead of the 2016 election.

Avenatti’s former law firm went through bankruptcy proceedings and was ordered to pay $10 million to a former partner, who is still seeking to collect the money.

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At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.