💙 🔷 Not impressed by Big Tech in Q3? Explore these Blue Chip Bargains insteadUnlock them all

Disgraced lawyer Michael Avenatti fails to overturn Nike extortion conviction

Published 08/30/2023, 11:54 AM
Updated 08/30/2023, 12:11 PM
© Reuters. FILE PHOTO: Former attorney Michael Avenatti exits after the guilty verdict in his criminal trial, at the United States Courthouse in the Manhattan borough of New York City, U.S., February 4, 2022. REUTERS/Brendan McDermid
NKE
-

By Jonathan Stempel

NEW YORK (Reuters) - A federal appeals court on Wednesday refused to overturn Michael Avenatti's conviction for extorting Nike (NYSE:NKE), setting back the disgraced celebrity lawyer's effort to shorten his potential 19-year stay in prison.

In a 3-0 decision, the 2nd U.S. Circuit Court of Appeals in Manhattan rejected Avenatti's claims that the evidence didn't support his conviction and that jurors were instructed incorrectly about whether he defrauded his client out of his "honest services."

Avenatti, 52, gained fame in 2018 while representing porn actress Stormy Daniels in litigation against then-U.S. President Donald Trump.

His February 2020 conviction arose from his tape-recorded threat the prior March to stain Nike's reputation and hurt its stock price by exposing the athletic wear company's alleged corrupt payments to families of college basketball prospects.

Avenatti was heard threatening to "blow the lid" on Nike at a press conference unless the company paid up to $25 million for him to conduct a probe, plus $1.5 million to his whistleblowing client, youth basketball coach Gary Franklin.

Prosecutors said Avenatti was looking to enrich himself and pay down heavy debts tied to his law firm and a recent divorce.

For his part, Franklin testified that he didn't want an investigation and merely wanted Nike to resume sponsoring his team.

In a 79-page decision, Circuit Judge Reena Raggi said reasonable jurors could find that Avenatti "used a quid pro quo to solicit a bribe from Nike," and "did not reasonably believe that his retainer demand would serve Franklin's interests but, rather, recognized that it served only his own."

Nike has denied wrongdoing.

A federal public defender representing Avenatti did not immediately respond to requests for comment.

Avenatti's career was destroyed after his March 2019 arrest 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 behind bars were added in June 2022 after Avenatti was convicted of defrauding Daniels out of a book contract.

Fourteen more years were tacked on last December after Avenatti pleaded guilty to cheating four other clients, including a paraplegic, out of millions of dollars.

© Reuters. FILE PHOTO: Former attorney Michael Avenatti exits after the guilty verdict in his criminal trial, at the United States Courthouse in the Manhattan borough of New York City, U.S., February 4, 2022. REUTERS/Brendan McDermid

Avenatti may be eligible for release in January 2036.

The case is U.S. v. Avenatti, 2nd U.S. Circuit Court of Appeals, No. 21-1778.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.