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In Nike Extortion Trial US Wants Stormy In If Avenatti Testifies

By Matthew Russell Lee, Patreon Song Thread
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SDNY COURTHOUSE, Feb 8 –  When after three days of jury selection the trial of Michael Avenatti for allegedly extorting Nike began on January 29, Assistant US Attorney Robert Sobelman told the selected jurors that Avenatti was supposed to look out for the interests of his client, but he did not - he had a weapon, social media.  More on 1st day on Patreon here.

  On February 8, Avenatti's lawyer Scott Srebnick wrote to Judge Paul G. Gardephe seeking among other things to preclude cross-examination about Stormy Daniel. The US has responded on this: " clients accused the defendant of defrauding them, in the aggregate, of millions of dollars. The mere fact of these accusations, which would have led the defendant to be concerned that he might owe even more money to even more people, and soon, is relevant to the defendant’s motive and state-of-mind and impeaches innocent explanations of his intent and motive. Moreover, the Government has far more than a good-faith basis to inquire into the defendant’s fraudulent conduct, which goes both to his state-of-mind in March 2019 and to his truthfulness as a witness. In particular, the defendant lied repeatedly, misleading client into believing the defendant had not received settlement funds when, in fact, the defendant had received and appropriated those funds. As to the fifth client—Stephanie Clifford, a/k/a “Stormy Daniels”—the defendant defrauded her of the proceeds of an advance on a book deal through the use of a fraudulent consent purporting to bear her signature, and again lied and misled her into believing that the funds he had converted to his own use had never been sent. These matters are directly relevant to the defendant’s intent in this case, and are highly probative, if not necessary, for the jury to be able to evaluate fairly and fully the credibility of the defendant as a witness. The defendant suggests that the Government should not be permitted even to ask about any such conduct, because that would create a “trial within a trial.” FN 1 The Government reserves the right to seek to cross-examine the defendant concerning other conduct in the event that his testimony opens the door to the Government doing so, including, but not limited to, if the defendant suggests that has never defrauded other clients, carefully follows the law or his ethical duties, listens closely to clients, and/or has achieved the goals of other clients."

Avenatti also proffered Carlton Debose, but not Jamal James. Also proffered are Casey Kaplan, Tina Glandian as a proxy for Mark Geragos, and the elusive John Slusher - More on Patreon here.

 On February 6, ostensible victim in chief Coach Gary Franklin began to be cross examined by Avenatti's lawyer Scott Srebnick. Day's live-tweeted thread here.

 Meanwhile also on February 6, as jugglingly covered by Inner City Press, the SDNY prosecutors' cooperator in their Adidas prosecutions, Marty Blazer, got a "time served" sentence urged by AUSA Boone. He did a fine job, soon to be seen on HBO, he said. But where are the prosecutions of Nike? More on Patreon here.

 On February 5 the Nike lawyer who attended the meeting in New York with Avenatti and Mark Geragos was on the stand. Under cross examination by E. Danya Perry he admitted knowing that invoices were bogus, to Shaun Manning to move players to Peach Jam. Day's live tweeted thread here.

  Judge Gardephe said, You are objecting to a document you the prosecutors put into the record. Again the payments to Deandre Ayton, mother and handler Melvin McDonald, to Bol Bol and to Shaun Manning Brandon McCoy came up. People wanted to know more but there are limits. More on Patreon here.

  On January 31 Inner City Press published the March 25, 2019 draft settlement agreements, with dollar figure left blank, here on Scribed and on Patreon for download here, as well as the more than one hour video of Avenatti's and Mark Geragos' meeting with Nike's outside counsel, Scott Wilson of Boies Schiller, here.

  Inner City Press has also published three audio records of Wilson's conversations on March 20, 2019 with Geragos, and Avenatti, saying "I'm not f*cking around." Audio I, II and III. More including transcripts on Patreon here.

  We will have more on this, here and on Patreon.

   Inner City Press live-tweeted the start of the proceedings, here, and since and will have more. More on Patreon here. The case is US v. Avenatti, 19-cr-373 (Gardephe).


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