Judge Rejects New Trial for Avenatti, Sets Thursday Sentencing

Convicted lawyer Michael Avenatti's request for a new trial was denied as a judge ruled prosecutors' allegedly improper conduct did not impact a jury that found he tried to extort $25 million from Nike Inc.

The ruling ensures Avenatti, who was found guilty in February 2020 after a three-week trial in Manhattan, will be sentenced this week after a long delay caused by the pandemic.

U.S. District Judge Paul Gardephe rejected Avenatti's claim that prosecutors failed to hand over evidence that could have helped him at trial, including notes about a witness – a former employee of Avenatti's – indicating she had felt threatened by a tweet posted by someone who was not involved in the case. But the witness was "inconsequential" because her testimony related to Avenatti's financial distress rather than the crimes he was accused of, according to the ruling.

Even her limited testimony was not crucial, Gardephe said, because "there was abundant evidence that Avenatti was in financial distress."

After initially ordering a July 9 sentence date Tuesday, Gardephe issued a second order, moving the sentencing to July 8.

The judge also rejected Avenatti's claim the evidence was insufficient to prove he had an "intent to defraud" Nike, and the laws he was accused of violating were vague as applied to the case. Gardephe also denied Avenatti's argument the court improperly excluded some text messages and emails the lawyer believed would have helped his case.

The Probation Office calculated Avenatti, who gained a national profile while representing the adult-film actress Stormy Daniels in a lawsuit against former President Donald Trump, should spend 11 to 14 years in prison. Avenatti had asked the judge to give him no more than six months.

Avenatti's attorney Scott Srebnick did nopt immediately respond to a message seeking comment.

Avenatti's legal woes are far from over. He is due to go on trial again next month in California on federal charges accusing him of defrauding clients and ripping off banks. And early next year a third trial is scheduled – back in Manhattan – on federal charges alleging he stole Daniels' book advance.

The case is U.S. v. Avenatti, 19-cr-373, U.S. District Court, Southern District of New York (Manhattan).