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Basta- la-vista HIRE(d) AN ATTORNEY - Updated

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Posted on May 15 2019

 

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

Again the Judge DENIED Avenatti’s request. Yet just over 12 hours later Avenatti magically hired H. Dean Stewart... so there’s that interesting nugget.

 

Yo Basta-La-Vista

 

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

 

 

There appears to be a bit of confusing, 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.

 

 

Similar to his SDNY arraignment Avenatti had a Federal Public Defender 

 

 

 

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”

 

 

 

@AskMe_idareyou the delightful Carolyn’s exchange found here  and the February 21 lovely exchange thread found here.

 

@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.

 

 

@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.

 

 

 

 

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.. 

Client 1:

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

Client #2:

 YouTube Star and Beauty Expert Michelle Phan:

 

 

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:

 

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.

 

Bankruptcy Fraud:

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.

See document number 26

 

“.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:

 

- SpicyFiles 

 

 

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1 comment

  • Marie G: May 16, 2019

    Thank you, Spicy. After all he did to try and insult you, among others, I am glad to see he will answer for his misdeeds. I will admit to being caught up in the early ‘basta’ fever but boy things started smelling off almost immediately. Where is all that money? The money allegedly misappropriated from clients? Yeah, Alexa, pop the pop corn.

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