A federal appeals court on Wednesday refused to overturn Michael Avenatti’s conviction for blackmailing Nike, overturning efforts by the disgraced celebrity’s attorney to shorten his potential 19-year prison sentence.
In a 3-0 decision, the 2nd US Circuit Court of Appeals in Manhattan rejected Avenatti’s claims that the evidence did not support his conviction and that the jury was improperly instructed on whether he defrauded his client out of his “honest services.”
Avenatti, 52, rose to fame in 2018 while representing porn actress Stormy Daniels in litigation against then-President Donald Trump.
His February 2020 conviction stemmed from his taped threat the previous March to tarnish Nike’s reputation and hurt its stock price by revealing the sportswear company’s alleged bribe payments to the families of college basketball prospects.
Avenatti was heard threatening to “blow the lid” on Nike at a news conference unless the company paid him up to $25 million to conduct the investigation, plus $1.5 million to his whistleblower client, youth basketball coach Gary Franklin.
Michael Avenatti gained notoriety in 2018 while representing porn actress Stormy Daniels in litigation against then-President Donald Trump.AP
Prosecutors said Avenatti was looking to enrich himself and pay off huge debts tied to his law firm and a recent divorce.
For his part, Franklin testified that he did not want an investigation and just wanted Nike to resume his team’s sponsorship.
In a 79-page decision, Circuit Judge Reena Raggi said a reasonable jury could find that Avenatti “used a quid pro quo to solicit bribes from Nike,” and “did not reasonably believe that his retainer request would serve Franklin’s interests but, instead, recognized that it only serving his own.”
Nike has denied wrongdoing.
Prosecutors said Avenatti wanted to enrich himself and pay off heavy debts tied to his law firm and a recent divorce.REUTERS
A federal public defender representing Avenatti did not immediately respond to a request for comment.
Avenatti’s career was destroyed after his arrest in March 2019 in the Nike case. He was convicted of extortion and honest services fraud and sentenced to 2 1/2 years in prison.
Another 2-1/2 years in prison was added in June 2022 after Avenatti was convicted of defrauding Daniels out of a book contract.
Avenatti’s career was destroyed after his arrest in March 2019 in the Nike case. Reuters
Fourteen more years were struck last December after Avenatti pleaded guilty to defrauding four other clients, including a paraplegic, out of millions of dollars.
Avenatti may be eligible for release in January 2036.
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Source: thtrangdai.edu.vn/en/
