Posted on May 15 2019
Updated 6/4/2019 a plausible explanation as to why Avenetti’s original attorney had to withdraw - remember how I said it was bankruptcy related? Turns out YES that is the case - See bottom of entry with Court Filings.
Update 5/31/2019 9:35AM - caught Avenatti in yet another lie and new Trial date set
May 31, 2019 Update
Apologies for the less than timely update. At this point it’s difficult to keep up with Avenatti’s legal woes. About two weeks ago Avenatti started rage tweeting about how he didn’t retain: “Messers John Lewis Littrell & Steven Jay Katzman of Bienert Miller and Katzman PL” which is now a demonstrative lie. Hypothetically speaking (and taking Avenatti’s word) if Avenatti didn’t hire the aforementioned firm & attorneys - then what pray tell is this? And why would a Judge Grant/Order aforementioned “request”?
I should note that the longer these Avenatti are airing out in the Court of Public Opinion, it’s as if Avenetti is morphing in to Trump. They are both known & provable pathological liars. They both engage in next level gas-lighting. They both treat women as their property, while publicly stating how unassailable their advocacy of women is. Weird how Avenatti’s signature looks like he used a sharpie. Like I said it’s almost as if (subconsciously) Avenatti is morphing in to Trump.
As to the Court’s Order resetting Avenetti’s CDCA Trial to August 2019, from June 2016
Update 5/15/2019 2:15PM EST: At 10:52AM PST Avenatti informed the Court he has retained H. Dean Stewart. Avenatti then tweeted out his new attorney’s website. I swear Avenatti is itching for a gag order but at least our tax dollars aren’t being used to pay for his defense attorney.
it is worth noting at 10:28PM PST on May 14, 2019 the Judge rejected Avenatti’s request to appoint a Federal Public Defender to “represent” him (see the bottom of this entry for both the Ex Parte Application
I told you to stay down
Have you been blacklisted from Coast to Coast?
Because you’re facing an entire mountain of evidence, the 194 page affidavit should have given way to the amount of evidence the government has against Avenatti. On April 13, 2019 the Department of Justice uploaded the actual Indictment:
1343: Wire Fraud Counts 1 thru 10
26:7202;18:2(b): Willful Failure to Collect and Pay Over Withheld Taxes; Causing an Act to be Done. Counts 11 thru 18
26:7212(a): Endeavoring to Obstruct the Administration of the Internal Revenue Code. Count 19
26:7203: Willful Failure to File Tax Return Counts 20 thru 29
18:1344(1),2(b): Bank Fraud; Causing an Act to be Done Counts 30 thru 31
18:1028A(a)(1),2(b): Aggravated Identity Theft; Causing an Act to be Done. Count 32
18:152(3),2(b): False Testimony Under Oath in Bankruptcy; Causing an Act to be Done. Counts 33 tru 35
18:152(3): False Testimony Under Oath in Bankruptcy Count 36
The April 10, 2019 Case Summary found here (paywall), as you will note the highlighted text, Avenatti’s CDCA criminal matter IRS-CI and the disclosure of the following charges (beyond the embezzlement and wire/bank fraud) obstruction of administration of law, identity, theft, false declaration under oath, causing act to be done. What has yet to be reported is in early March 2019 Avenatti filed in US Federal Bankruptcy Court
Not to regurgitate Avenatti’s April 10, 2019 Indictment and true to Avenatti’s Style he tweeted the following in advance of his arraignment:
“As a citizen of this country, I am entitled to both, I expect both, and I demand both,” Avenatti tweeted. “We don’t convict someone in America based on a one-sided argument and a press conference. Even when he is one of the biggest enemies of the president and his son.”
Avenatti’s twitter statement goes on to say...
Keep in mind these public (not locked) Statements were published via Twitter, but that was about 48 hours after this CNN interview
After a year in the spotlight, Michael Avenatti tells @sarasidnerCNN, "I've been humbled significantly."— CNN (@CNN) April 27, 2019
Stormy Daniels' former attorney has been charged with a plethora of financial crimes that carry more than 300 years of potential prison time. https://t.co/x5joLWWlLa pic.twitter.com/m4YeNn5VhL
There appears to be a bit of confusion (perhaps intentional and perhaps not) , as to who and which firm Avenatti hired to represent him in the CDCA criminal matter, the record shows the following attorneys and firm: Messers John Lewis Littrell & Steven Jay Katzman of Bienert Miller and Katzman PLC yet neither of those attorneys were present in today’s hearing. It’s also worth noting neither attorney has filed the prerequisite Notice Of Appearance. (I am pretty sure I know why because it involves a bankruptcy matter).
Granted this might not be the actual reason, but you should know in late 2013, US Bankruptcy Case No: 8:2013-bk-12026 (cacb) RE3W, Inc. known as RE3W WorldWide Limited:
RE3W WorldWide Limited develops Internet-based application software for the commercial real estate industry. The software offers location, owner name, REStreets, Tax Assessors Parcel Number, and parcel map search. The company was founded in 2000 and is based in Santa Ana, California.
But it could also be related to Avenatti’s former firm Eagan & Avenetti Bankruptcy - you know where Avenatti was ordered to pay his former partner Jason Franks - either way there’s definitely a reason why Bienert Miller and Katzman PLC is mum on the issue. See Case: 8:18-cv-01644-VAP-KES
Similar to his SDNY arraignment Avenatti had a Federal Public Defender
Rode same elevator down from federal court w/@MichaelAvenatti. His hands were trembling following his “not guilty to all charges” plea. He was repped by a federal public defender for arraignment— told judge he’s in process of coming to an agreement w/private council. @KNX1070— Craig Fiegener (@CraigNews3LV) April 29, 2019
And then things got super weird, whereby Avenatti “made a referral to the US Marshall Service” over a Twitter Parody Account. As reported by LawandCrime. Although I refused to buy the license but oh my how the “fighter” has fallen, it’s probably one of the most cringe worthy off the cuff interviews I’ve ever watched and now you can too.
With respect to my recent Twitter suspension, it is curious to me that both today’s suspension and my February 2019 suspension occurred shortly after providing factual research on various bots and botnets being used by the likes of Basta and Yang-Gang.
Mr Basta’s Trolls includes this delightful group of servile Twitter users. Who are masquerading as “resistance”, they are not. They are what some could label horseshoe amplifiers and nasty. But not in a nasty good way.
#TeamBasta fan girls: leave BRITTANY alone
Now granted on February 22, 2019 I point blank told Avenatti “the Calvary is not coming for you Michael, you are in deep kimchi”...I wasn’t been snarky, well maybe just a little bit. Meet Avenatti’s Twitter keyboard “warriors”...maybe they’ll consider being sister wives with moi?
@TotaLuv2Tweet she was one of the more obsequious Basta Trolls, she likes to tweet fuck you, a lot. Found here. The insane fact is “Susan” doesn’t even live in America and I’m 95% certain isn’t a US Citizen, thus ineligible to vote yet she’s Avenatti’s “biggest fan”
Hey hey hey.... Karen is and always will be #TeamAvenatti.— Susan Moreno (@TotaLuv2Tweet) April 8, 2019
You jumped ship before getting all the facts but u dont have to start insulting us. You can disagree while remaining respectful.I think Mr. Avenatti has every right to defend himself and expose corruption from all sides
I suspect a certain obnoxious twerp who lives in his mother's basement, who was permanently banned from Twitter two months ago, and who continues to personally harass you, even at the Federal Courthouse. Hmm..... who could that be?— Carolyn Haynes (@AskMe_idareyou) April 29, 2019
@BastaGal she’s just so delightful, not/
@Frida6181 Full protracted twitter “Frida” lurves Avenatti and Spicy is mean and jealous found here and here (laughable turns out your obsequiousness over Avenatti was in fact unfounded, whereas my factually based concerns were born out in his SDNY Indictment and his CDCA Indictment.
She @SpicyFiles is only attacking someone she is not deem to be trustworthy by her book and standard. I think she is right most of the time but I disagree with her judgement on Avenatti.@MichaelAvenatti— Frida618 (@Frida6181) September 11, 2018
@KCDurling yes I’m “lusting” and totally “jealous” over a man who embezzles millions from his clients, because the last I checked “my man” isn’t facing up to 385 years in prison because he stole from a paraplegic, NBA girlfriend or a mega YouTube make-up star. Yes Karen, you’re full of ____, found here.
Spicy dear...You have a jealous obsession with @MichaelAvenatti; it's so obvious, and frankly, quite amusing. Buckle up buttercup... you're in for a wild ride because Michael is here to stay. #JealousObsessionsArePasse— 🌊🔥Karen Durling🔥🌊 (@KCDurling) February 22, 2019
Come on! We know YOU are jealous of Michael Avenatti!! #SupporterOfCreepyPornPresident— 🌊🔥Karen Durling🔥🌊 (@KCDurling) March 22, 2019
And if you’re wondering how in the world did I know which accounts Basta skinflute playing twitter accounts to identify. Simple, once you’ve been marked and put on a Troll/Bot twitter list you learn how to identify predictive patterns and then you start hunting for actual receipts. Your November 2018 “the Basta Fan Girl” Gang receipt, Archived.
February 2019 Fry & Avenatti
The twitter thread that lead to my late February 2019 suspension. At this point I’ve actually lost count how many times I’ve had my twitter Account suspended. It’s not like I’m on Twitter doxxing, cursing or hacking people’s accounts. Here I walked through the February 22, 2019 John Fry Criminal Information and it had Michael Avenatti’s name all over it. Granted most of us know there’s a twitter troll crew. They actually offer nothing substantive and their accomplishments are limited to harassing and creating infighting. The reality is they have minimal to zero original research. Watching the convergence of that crew and Avenatti’s botnet weaponize Twitter’s known algorithmic flaw...well we all know how that ends.
March 25, 2019 Two for One:
The day these were unsealed, I tried my best to just stick to the facts presented by the SDNY AUSA and CDCA AUSA regarding the Avenatti matter. Clearly I was and am mindful that some have viewed my less than “kind” stance on Michael Avenatti as some kind of personal vendetta. Well for me it’s not. As I previously explained during March until early May 2018 I was willing to give Avenatti the benefit of the doubt. Granted the media saturation was, well it was well saturated. If you were to ask me, what was the turning point for me? It wasn’t one event. Rather it was a culmination of little events but when viewed in their totality, my red flags started going off.
By mid May 2018, I personally knew of several matters that were coming for Avenatti. Much of which was publicly available via Bankruptcy Filings, IRS Tax Leins, and other legal matters. Isolated each of these events appearred to have one common thread: Money lots and lots of money.
But I also noticed what appeared to be media outlets, cable TV news “anchors” and the predicable twitted warriors. I tend to be pretty direct and if I ask a question understand the following; 1) I probably already have the documents to substantiate my questions, 2) I’m asking to test a theory and/or 3) I’m giving you an opportunity to prove me wrong.
Grifters gotta grift..
The indictment alleges that Michael Avenatti stole a $4million settlement.
In the case of a victim called Client 1 in the indictment, Avenatti represented the man in a lawsuit against the County of Los Angeles that alleged, among other things, Client 1 became a paraplegic as a result of the county violating his constitutional rights. The county paid a $4 million settlement in January 2015, but within months Avenatti had drained the entire settlement payment from his law firms’ trust account and used portions of the settlement to finance his coffee business or pay personal expenses. Avenatti concealed the receipt of the settlement from Client 1 and instead gave him periodic “advances” of no more than $1,900 and paid the rent for his assisted living facility, according to the indictment.
Michael Avenatti stole his paraplegic client’s settlement but to add further insult to injury, Avenatti’s actions caused his client to lose a House his client intended to purchase. Furthermore Avenatti’s actions (or lack there-of) also caused his client to to lose his Social Security benefits in February of 2019. And lastly on March 29, 2019 Avenatti tweeted a “signed statement” from Client #1
YouTube Star and Beauty Expert Michelle Phan:
When karma finally comes through. You never disappoint 🥂 pic.twitter.com/WSe8LMa7Mr— ℳ (@MichellePhan) March 25, 2019
Client 2 obtained a $3 million settlement in a matter, which included a payment of $2.75 million in early 2017. The indictment alleges that Avenatti took the bulk of this money – $2.5 million – and used it to purchase his portion of a jet, while falsely telling Client 2 that the settlement called for monthly payments over eight years. Avenatti made 11 monthly payments, making them appear to come from the individual who paid the settlement, but then Avenatti allegedly stopped paying Client 2.
Client 3 is the client-victim discussed in the criminal complaint who was to receive a $1.9 million settlement in an intellectual property dispute. Avenatti allegedly embezzled the first installment of $1.6 million in January 2018, in part by providing Client 3 with a bogus settlement agreement indicating that the payment was going to be made two months later. The indictment alleges that Avenatti used the money to pay expenses at his coffee business and to pay his own legal expenses.
Client #4 and #5:
Clients 4 and 5 divested shares in a company after Avenatti negotiated a “Common Stock Repurchase Agreement” for the sale of nearly $27.5 million worth of shares and then another sale of approximately $8.15 million worth of shares. When the first payment was made, Avenatti took his fees for the overall $35 million sale and sent the balance to Client 4. But when the second stock sale was finalized and the company sent nearly $8.15 million, Avenatti kept $4 million for himself and used this money to pay some of his law firm’s bankruptcy creditors, including the IRS; to provide funding for his various businesses; and to make lulling payments to Client 1 and Client 2. When Client 4 and Client 5 demanded their money, Avenatti falsely told them that the purloined $4 million already had been wired to them and provided them with a wire transfer confirmation document which actually documented the transfer of an earlier $4 million payment.
In early March of 2019 Avenatti (fraudulently) filed Bankruptcy, specifically Chapter 11. One reasonable conclusion for Avenatti’s late night & term filing, in part was a means to “hide” or “shield” monies from both the Bankruptcy Court, the Bankruptcy Receiver and Creditors. Such as Jason Franks, who can only be described as a relentless (I using that term with the utmost respect) pit bull who has doggedly pursued restitution and enforcement of previous Court Orders & Judgements against Avenatti & his firm.
In <24 hours of Avenatti’s March 7. 2019 Chapter 11 filing, Jason Franks filed and emergency Motion to Dismiss Avenatti’s bankruptcy. In which Mr Franks alleged that Avenatti “fraudulently” filed for Bankruptcy Protection, as a means to hide his monetary (and arguably) ill-gotten largesse.
Again the “fraudulent” terminology is not mine, I’m merely repeating what’s in the various Court filings. See Frank’s Emergency Motion to Dismiss
Subsequently thereafter, on March 15, 2019 the Bankruptcy Court took the extraordinary act but Ordering Avenatti to “show cause” in relation to the Court’s Contempt and sanctions ruling.
Four days later, on March 19, 2019 the Bankruptcy Court GRANTED Jason Frank’s Motion to Dismiss Avenatti’s Mach 7, 2019 Bankruptcy Chapter 11 fling. Notwithstanding the Court then took two extraordinary steps; 1) the Motion to Dismiss retroactive to March 7, 2019 but also added the following caveat:
Michael Avenatti and all other persons acting under his direction or on his behalf in any manner are barred for 180 days from entry of this Order from directly or indirectly orchestrating or causing the Debtor to file for bankruptcy. This bar does not apply to Brian Weiss as the Receiver for the Debtor, pursuant to the District Court order entered February 13, 2019 as Docket No. 53 in 8:18-cv-01644-VAP-KES, or any successor receiver appointed in that case.
In conclusion, this May 2, 2019 Response to the Court’s Show Cause Order, literally says it all:
With respect to Avenatti’s ongoing criminal matters...well it’s not like most of us didn’t see this coming. Granted as I’ve previously stated in March 2018 thru early May 2018 I was intrigued by Avenatti mediocre rise to “fame”. But by late May 2018 I had enough factually based concerns (unlike some I actually read all the legal filings before I tweet or blog about them), that gave me serious and significant pause. The reality is Avenatti is exactly what I said he was in May 2018 - his an abusive bully. That failed to file any tax returns since 2015. That stole millions from his clients.
WHO STEALS FROM A PARAPLEGIC?
WHO CAUSED A CLIENT TI LOSE THEIR SOCIAL SECURITY BENEFITS?
WHO LIED TO MULTIPLE BANKRUPTCY COURTS?
WHO DMs/Emails/Comments on blogs about “you’re full of bullshit...and then amplified a purported dox?
WHO LEAKED TO THE WSJ ABOUT AN AFFAIR & ABORTION?
WHO LIED and IMPROPERLY USED FEC FUNDS?
There have now been three different women who alleged Avenatti was “physical” with them. Two of these women detailed his abuse & conduct in divorce filings.
May 6, 2019 filing:
Sure I could be super snarky but what’s the point. In some respects all defendants should be afforded the presumption of innocence and defendants should have adequate representation to defend them. I know if I was facing a 36+ count federal indictment I’d want to hire the best legal gladiator. Yet some how Avenatti’s strategy is: 1) I “can defend myself and my interests”; or 2) delay, distract, delay and delay some more 3) don’t hire counsel to represent you
and while it’s not that unusual to have the Government ask the Court to Order Avenatti to hire a defense counsel...his previous “retained” firm appears to have failed a notice of appearance. The reason for this was previously explained above, and it’s related to bankruptcy and thus they may not be “officially” representing Avenatti.
“.hereby submits the following statement setting forth the government’s position regarding defendant MICHAEL JOHN AVENATTI’s representation issues. As set forth therein, the government submits that if defendant has not yet retained counsel to represent him in this matter, the Court should order defendant to fill out a financial affidavit, immediately appoint counsel to represent defendant, and,
if appropriate, order defendant to contribute some or all of the costs of his representation...”
And clearly I’m not the only one who thinks this is a strategy by Avenatti to delay his trail which commences in June 2019. To that end the Government is point blank requesting the Court appoint Counsel for Avenatti:
“...government, however, does not believe that there is any valid reason why defendant has yet to resolve his representation issues and is concerned that defendant will seek to use such issues to unnecessarily delay this prosecution. Thus, if defendant appears without counsel, regardless of defendant’s explanation as to why he has yet to obtain counsel, the government believes the appropriate
course of action would be for the Court to immediately appoint counsel to represent defendant going forward.”
May 14, 2019 Ex Parte Application
In response to the Court’s Order which obligated Avenatti to either hire counsel or submit a financial affidavit, accompanying a request the Court appoint counsel for him (prior to the May 15th as in Today’s) Status Confidence. The office of the Federal Public Defender filed an “ex parte application for an order appointing counsel to represent Michael Avenatti in this case.”
Court appoint counsel to represent him without requiring that he submit a financial affidavit at this stage of the case. To be clear, Mr. Avenatti is amenable to and requests an opportunity to contribute significantly to his representation. However, he asks that the Court defer determination of the amount of contribution until the end of the case in light of the complexity of his financial situation and the case, along with the real and appreciable risks of self-incrimination given the nature of the charges in this case.
As you may know, all defendants have a Constitutional Right to have Counsel representing him/her in criminal matters. Irrespective of what the Defendant’s financial status is. This is why we have Public Defenders. Not to beat a dead horse but some of the smartest attorneys I personally know are Public Defenders. They do not do this for the money. Given that they could move in to private practice and easily (at the minimum) quadruple their Government Salary. For example the PD vying to represent Avenatti reminds the Judge that “financial disclosure/affidavit” are not mandatory but I think this is a weak argument given the Court previously Ordered Avenatti submit said Affidavit before today’s hearing.
My assumption is the Court found Avenatti (by way of the Federal PD office) capitulation regarding Avenatti’s obfuscation surrounding the Court’s Order for a Financial Affidavit - that’s likely the reason. Although that might be one of several factors for the denial. Conversely it’s possible that Avenatti retained counsel. But I’m confident that’s unlikely since the Ex Parte Application was uploaded after 10PM last night (East Coast Time).
Then late last night (remember I’m on the East Coast) the Judge DENIED a “proposed Order” appointing Avenatti a Federal Public Defender. Last week the Judge Ordered Avenatti “to hire counsel” and/or “submit a financial affidavit” in the event Avenatti is “indigent”.
In a matter of hours Avenatti will be back in the Courtroom, where we can expect the Court to rule on Avenatti’s representation quagmire (of his own making). In the meantime I shall continue to count & flick my beans while watching Avenatti’s YouTube Channel. This interview from 2015 is when Avenatti had hair on his head:
June 4, 2019 Update
It is kind of weird, while you may have thought my previous assertion relating to Avenatti’s previous firm Eagan & Avenetti bankruptcy was unrelated - I can assure you that it was/is.
Bankruptcy Case No. 8:18-cv-01644-VAP-KES
On May 31, 2019 (sorry I’ve been playing catch up with my alerts but mostly I’ve hesitated to keep blogging about Avenetti) - his current attorneys in his bankruptcy matter filed a Motion to Quash Subpoena and Protective Order:
1) OBJECTION TO MOTION TO COMPEL BIENERT KATZMAN PC TO COMPLY WITH SUBPOENA;
2) NOTICE OF MOTION AND MOTION FOR ORDER QUASHING SUBPOENA
AND/OR FOR PROTECTIVE ORDER
Oh come on...is that the best argument you have Avenetti? Your commitment to portray yourself as a “victim” is just headache inducing eye rolls. Seriously dude this is your argument. My God what is wrong with you?
The documents sought by Judgment Creditor have no relationship to the instant matter. The Subpoena is specifically designed to undermine Avenatti’s ability to defend himself in completely separate criminal matters pending against him, and as such, categorically constitutes harassment;
Bejesus Michael - Stop. Just. Stop. So now you are using the same 5th Amendment Protections you chided Cohen for using? Do you not see the steaming pile of hypocrisy here...what exactly are you worried about as it relates to self-incrimination in said documents. I mean I KNOW THE GWU Law School has a semester on Privilege and I’m 100% certain your former Professor Turley absolutely taught you about the Crime-Fraud Exemption to Attorney Client and Work Product Priveldge...come on man - be smart about this
And yes I know I shouldn’t laugh but this argument is preposterous and simply galling. - because Avenetti legitimately believes his on solid footing. Me thinks he is up ___ creek sans paddles. Although if I’m going to be intellectually honest Avenetti -might- have a point. Conversely Jason Franks does present viable arguments as to why he’s seeking those checks and communications. And I’ll disclose I could be off the mark but I’m pretty confident that the Feds already have some if not all of the records. Remember in Avenetti’s CDCA there are various counts for bankruptcy fraud so keep that in mind too.
Heeelp...I’ve fallen and I can’t get up. I’m presently on the ground under my home office desk uncontrollably snort laughing. Here let me paraphrase the legalese for you - but...but...you honor Jason is being mean, yes I know another Judge ordered me to pay Jason $10M but I’m flat broke and but I’m good for it...please don’t make my other law firm turn over records of where and how I’ve been hiding Jason’s (and other clients) Money...I’m having a really bad month and I promise this is just a publicity stunt...
Legitimately I can’t continue reading Avenatti’s nonsense; as it stands I feel like I need to take an industrial shower to wash the Avenatti sludge off of me. Seriously Avenetti is not a sympathetic, at all. Like let’s roll out an entire symphony of tiny tiny violins...
And I wonder if the CA Bar’s recent Petition to change Avenatti status to Involuntary Inactive Status had any bearing on the Judge’s Oder? Seriously I just wish Avenatti jumped on Elon Musk’s SpaceX and never ever appears on our TV sets or newsfeeds.
Now pardon me - those bon bons aren’t going to eat themselves, plus I have a few hours of Oprah to catch up on...although I am happy to tell you that if you want to completely freak out your spouse, here’s what you do:
Step 1 DVR as many episodes of Snapped
Step 2 queue up an episode
Step 3 pull out your handy dandy steno pad (I have at least 9 available at all times)
Step 4 casually reach for a pen
Step 5 - pretend to gingerly write notes from said Snapped episode and quietly giggle
Trust me on that - my spouse was super unnerved at my devilish giggle - it was delicious and we both had a decent laugh at my silliness - or did we <insert evil laugh> Just Spicy living my best life /snort
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