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In Nike Trial After Avenatti Found Guilty Now Motions Due March 16 Sentencing June 17

By Matthew Russell Lee, Thread Song Patreon
BBC - Decrypt - LightReading - ESPN Radio

SDNY COURTHOUSE, Feb 18 – In the countdown of the US v. Michael Avenatti Nike extortion trial, on February 10 the charging conference was held, until 7:10 pm. See Patreon here.

 On February 14 Avenatti was found guilty on all three counts, and his sentencing was set for June 17 at 4 pm.

 Now on February 18 Judge Gardephe has docketed a briefing and sentencing submission schedule: "ORDER as to Michael Avenatti. It is hereby ORDERED that any post-trial motions filed by Defendant are due by March 16, 2020. The Government's opposition is due by April 6, 2020. Any reply from Defendant is due by April 13, 2020. It is further ORDERED that the sentencing of the Defendant will take place on June 17, 2020 at 4:00 p.m. Any submissions on behalf of the Defendant are due on May 28, 2020, and any submission by the Government is due on June 4, 2020. The Probation Department is directed to prepare a presentence investigation report for the Defendant. SO ORDERED."

Avenatti also faces a February 25 status conference in the Stormy Daniels case, also in the U.S. District Court for the Southern District of New York, now before Judge Jesse Furman.

  As the jurors were polled about their verdict, Avenatti stared straight ahead; he was seen to shake his head, once, as the jurors filed out for the last time. His lawyer Scott Srebnick said he will appeal. More on Patreon here.

  An hour after the verdict, US Attorney Geoffrey S. Berman issued this statement: "Today a unanimous jury found Michael Avenatti guilty of misusing his client’s information in an effort to extort tens of millions of dollars from the athletic apparel company Nike.  While the defendant may have tried to hide behind legal terms and a suit and tie, the jury clearly saw the defendant’s scheme for what it was – an old fashioned shakedown." Day's Twitter thread here.

  Some wondered if Nike would be putting out a gloating statement, even though the company was said at trial to still face an SEC investigation. Given the evidence about Nike officials Carlton Debose and Jamal James arranging structured cash payments of $10,000 to the mother of DeAndre Ayton, it seems more action is necessary. But this is today's action: Michael Avenatti, guilty on all counts. More on Patreon here.

 Back on February 12, after the reading of a slightly tweaked jury charge, the jury got the case to deliberate. On February 13, the jury asked a number of questions, some of which Judge Paul G. Gardephe expressed frustration at. He told the jury they could leave for the day but to clarify one of its questions, about recording(s) of the March 21 meeting involving Avenatti. Video of that meeting here.

 Another question had a simple answer. Is a filing of a lawsuit request in order to reach a settlement agreement? The answer was and is No. Day's live-tweeted thread here. More on Patreon here.

  Here's audio of a question and answer Inner City Press did on the evening of February 12 with ESPN Louisville, here.
More on Patreon here.

The day before on February 12 the jurors emerged in late afternoon to request to hear one of the Avenatti phone calls (Inner City Press has put them on Soundcloud here and here and a song here), and requesting text messages between Gary Franklin and Jeffrey Auerbach.

More on Patreon here.

  On February 11, over hours, the closing arguments were held. Inner City Press live-tweeted them, in 96 installments, here.

  Assistant US Attorney Matthew Podolsky led off with the now famous "have you held the clients balls in your hands" audio, and went on from there.

 Avenatti's lawyer Scott Srebnick covered the case focusing on the desired and goals of client Gary Franklin and his consultant Jeffrey Auerbach.

 His brother Howard Srebnick followed with the case from the perspective of Avenatti in New York, saying he was carring out Franklin's stated desire to "light the fuse" for justice.

  AUSA Daniel Richenthal derided that narrative, and told the jury it didn't matter that Mark Geragos, much less Nike, were not charged. More on Patreon here.

   The case is US v. Avenatti, 19-cr-373 (Gardephe).

***

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