Friday, October 30, 2020

U.S. judge rejects Michael Avenatti’s bid to dismiss fraud charge in Nike trial

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A U.S. judge on Thursday rejected celebrity lawyer Michael Avenatti’s bid to dismiss a criminal charge that he defrauded a client who he said knew about improper payments that Nike allegedly made to families of college basketball recruits.

U.S. District Judge Paul Gardephe in Manhattan ruled three days after refusing to dismiss two extortion charges accusing Avenatti of threatening a news conference about the payments unless Nike (NKE.N) paid him up to $25 million.

Nike has denied wrongdoing.

Known for representing porn star Stormy Daniels and criticizing U.S. President Donald Trump, the 48-year-old Avenatti faces a scheduled Jan. 21 trial over his dealings with Nike, and two other criminal trials this spring on unrelated charges. He has pleaded not guilty to all charges.

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Lawyers for Avenatti did not immediately respond to requests for comment. A spokesman for U.S. Attorney Geoffrey Berman in Manhattan declined to comment.

Prosecutors accused Avenatti of telling Nike last March he would not publicize his client Gary Franklin’s claims about the payments if the sportswear company would pay Franklin $1.5 million, and him up to $25 million to conduct an internal probe.

They said Avenatti also failed to tell Franklin, who coached a youth basketball team in a Nike-sponsored league, that Nike offered to settle the coach’s claims without paying Avenatti, and instead used those claims to secure riches for himself.

Prosecutors said this deprived Franklin of Avenatti’s “honest services” and constituted fraud.

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Avenatti said the charge should have been thrown out because it did not mention a “bribe” or “kickback,” which he said was necessary under a 2010 Supreme Court case involving former Enron Corp Chief Executive Jeffrey Skilling.

Gardephe, however, said the absence of those words had no “talismanic significance,” and it was enough for the government to accuse Avenatti of violating a “known legal duty” to Franklin even if Nike never paid Avenatti a cent.

“The indictment pleads facts sufficient to demonstrate that Avenatti violated the legally cognizable duties a lawyer owes to his client,” Gardephe wrote.

The fraud count and one extortion count carry maximum 20-year prison terms.

Avenatti also faces an April 21 trial in Manhattan for allegedly cheating Daniels out of proceeds from a book contract, and a May 19 trial in Santa Ana, California for allegedly defrauding clients out of millions of dollars and lying to the Internal Revenue Service.

The case is U.S. v. Avenatti, U.S. District Court, Southern District of New York, No. 19-cr-00373.

Source: Reuters

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