Posted on June 01 2019
I Updated 6/01/2019 - notice to Appear Pro Hac Vice - filing deficiency, See bottom of entry for fresh docket report.
Updated 5/30/2019 proposed Protective Order in Nike matter, Bond & Conditions of Release In Daniels Matter... see bottom of this entry
Updated 5/28/2019 Order See bottom of the entry.
So many files...
Speaking of Icarus, you’ll want to hit play on this White Hinterland Youtube Video, it might make reading this follow up entry soothing...
Let’s assume there’s wide spread Agreement across all political and ideological spectrums, concerning the ever growing legal woes facing Avenatti. It is bad. Very. Very. Bad. And yes generally speaking a defendant should be afforded a presumption of innocence. That applies to Avenatti. Yet I can’t bring myself to square “his a fighter for women” when two separate AUSAs explain in their respective Indictments (CDCA & SDNY) Avenatti stole from his clients, many of whom are women.
As further detailed in this recent previous write-up. February 2019 after my twitter suspension, March 2019 CDCA & SDNY, May 2019 Avenatti CDCA, finally retains Counsel, after gas lighting the public saying he never asked for a Public Defender sans the mandatory financial affidavit. He did. He lied. I have the Federal Public Defenders Motion and the Judge’s Order. And finally the recent SDNY Twin Indictments unsealed this week.
🌶SpicyFiles - Sidebar🌶 I need to be very clear, Avenatti’s newest argument that this is Trump’s doing and that Trump personally ordered these Indictments is, in my opinion total bullshit.
If you take the time to really cull through the various Tax Liens, Bar Complaints, Fraudulent Bankruptcies (See the May 15th entry) and CDCA 197 page Affidavit. Then you’ll understand that Avenatti is pulling a Trump on you. Be smart and accept the the fact that Avenatti fooled a lot of really decent people. Notwithstanding Avenatti’s tax issues started in late 2009, his tax issues are years in the making. When you take the oath, as an officer of the Court, you are also bound by the Professional Code of Conduct aka Canons. Stealing from a client isn’t just criminal, it’s a betrayal to the oath of the Court.
The Government, via two separate AUSAs have tens of thousands of pages of documentary evidence. The CDCA Investigation began before Trump was even in Office. Avenatti has a unique skill, he makes you want to believe him and in him.
The RULE 5(c)(3) AFFIDAVIT. CDCA Criminal Complaint CDCA Indictment. May 20th CDCA Order Tax Returns. The Affidavit Table of Contents, Pages 34 & 35, respectively. Furthermore any Judge, especially Article III judges were presented with enough preliminary evidence that they found enough probable cause, and thusly approved multiple search warrants.
I would argue that Federal Investigators may have had a slightly higher burden. Having “taint-teams” to silo evidence, because when you raid an attorney’s office, there are undoubtedly Attorney-Client privilege and Work-product privilege issues. And remember the long held crime-fraud exemption. Similar to the copious twitter threads I created during the Cohen FBI raid. When executing search warrants on an Attorney, the Attorneys Office and their home, this mandates that everything is done by the book. And I have zero doubt that the FBI, IRS-CI, TIGTA conducted themselves with the utmost degree of professionalism and integrity.
Fair warning, at a certain point it might appear that I’m not making an authentic corollary. Meaning for a brief moment, it -may- appear as though I’m attempting for force “dots” that really do not connect. If you give me the benefit of the doubt, hopefully I will be able to fully explain the dots that actually connect. I should disclose that I have a few ethical lines that I will not intentionally cross. As many of you know, I’ve been completely upfront with the following rules of engagement:
1. There are zero circumstances in which I condone doxxing of an individual. Yes even if said individual is a “public figure”. In certain Courts, Divorce Records are in fact public documents
2. I simply refuse to write or link to said divorce or custodial agreements.Those who purposely weaponize the aforementioned types of court documents are terrible human beings and should be avoided at all cost. They should not be trusted nor should they be amplified.
3. I will not identify any minor children by name or approximate age. Although I might reference the aforesaid under a pseudonym.
4. When the FBI arrested Avenatti they did so discreetly, as per the recent Vanity Fair Article.
In general I try to be fair and sometimes balanced. Although I’m also mindful that some could say that I clearly have some personal animus as it relates to Avenatti. The distinction here is it’s not personal, at least for me it isn’t. This is about right and wrong. It’s about an officer of the Court and the oath they take once admitted in to the Bar.
The purpose of this entry isn’t to kick Avenatti while he’s down. I actually think in some respects the mainstream media has a serious reckoning coming their way. Meaning they propped Avenatti up as the “messiah” and the only one who could bring Trump to justice. Without regurgitating the reasons of why I refused to give Avenatti a pass...in my industry when you know, you know. There were ample signs but most importantly there were copious court filings. I do not regret for a single moment my warnings, conversely I absolutely regret initially giving Avenatti the benefit of the doubt in March and late April 2018. That’s on me and I need to own that. Conversely my opinion about Avenatti did a one-eighty. That’s called being intellectually honest enough to evolve ones original position when faced with irrefutable proof. For better or worse I received a lot of hate on twitter but it didn’t bother me because I knew I had facts on my side.
If you recall in the waning days of the 2018 mid-terms President Obama said something that struck a nerve. Albeit Obama was the first Democrat I ever voted for. And I’d vote for him a million times over. Irrespective that I didn’t always agree with his policies. For me there was never any ambiguity, Obama loves our Country and truly cares about its citizens. And Trump is the primary reason I left “my father’s party” and went on to fully embraced the Democrats and their agenda.
Again this isn’t about kicking Avenatti while he’s down. This is me doing what I think I do best, re-reading court filings and then asking a few really uncomfortable follow up questions. Avenatti’s financial problems didn’t happen in a vacuum. Nor did they happen overnight. Arguably his financial woes was years in the making. In June of 2018 I point blank asked Avenatti a series of specific questions:
Why haven’t you filed a tax return since 2010?
When was the last time you filed a personal or business Federal & State Tax return?
What were the terms and conditions of the IRS settlement?
He instantly blocked me. Which is exactly what I expected he would do. There was no way Avenatti would have know the incalculable amount of time I spent during the evening and on weekends reading (conservative guesstimate >125 hours) and culling through the hundreds of pages of court filings. I’m a firm believer that you need to read & understand what is in those court filings. Nor is it smart to make any scurrilous accusations. I don’t know the exact date but in late Summer, possibly early Autumn unbeknownst to me, Avenatti decided to unblock me.
After the Julie Swetnick episode, yet again Avenatti blocked me.
I had legitimate questions about Swetnick’a declaration. I still do. The way it was written, in my line of work we call that hearsay and/or 3rd party disclosure - which are rarely allowed to be used as evidence, based on the prejudicial nature. When I specifically asked about Swetnick’s tax lien (>$65K) & Suburban Hospital Judgements - here’s a fact: if you have a Government security clearance (public trust all the way to TS/SCI) having derogatory financial information such as a FIVE figure IRS Tax Lien, you as a clearance holder are required to report that to the Agency that sponsored your clearance
Avenatti October 26th Criminal Referral to DOJ & FBI. At the same exact time, based on the Indictment, Avenatti stole $300,000.00 from Stormy Daniels and was stealing from other clients (as further detailed in the April 11th CDCA Indictment).
United States v. Avenatti
(SDNY - Stormy Daniels & her book deal)
Off the bat, I should say Stormy Daniels is a savvy business woman. Her conduct during what has to been the most difficult 30+ months is remarkable. I have nothing but the utmost respect for her. And I really do hope she writes a follow up book. I’d buy it and read it. Full Stop.
The 👆🏻embedded link 👆🏻, will take you to the Free Law Project CourtListener’s Database In my opinion they are a great organization. Should you be inclined, I’m certain they would be absolutely delighted if you sent them a donate. Every little bit helps. Personally speaking, I try to send them a donation every quarter. Given I am pretty sure they have saved me several hundreds of dollars per quarter, that I would otherwise pay via my secondary PACER account.
Now that Avenatti’s SDNY-Indictment has been officially uploaded to the ECF. Notice the bates numbering? That’s when you know it’s official, as in you now have an actual case number to set up alerts.
Pages 1 and 2, paragraph #2, I know there’s some speculation about who the individuals are. My educated guess is they are Avenatti’s now ex-girlfriend and/or ex-wife # 1 & #2. Remember Avenatti’s ExWife #2 has had a protracted contentious divorce. And the timeframe also matters, because there were numerous reports that Avenatti stopped paying for Healthcare Insurance for one of his minor children. Moreover (soon to be) Avenatti exWife #2 also filed a petition with the court stating he was in the rears with his child support. (See May 15, 2019 Orange County Superior Court screen grab)
- $250,000.00 at the time of signing of Contract.
- $175,000.00 upon acceptance of the final manuscript.
- $175,000.00 upon publication of book.
- $200,000.00 six months after publication of book.
Based on the Indictment the money flow was: Publisher to Literary Agent, Literary Agent to Ms. Daniels. Yet Avenetti injected himself in the money flow and then (based on the Indictment) embezzled Ms. Daniels money. In short Daniels’ literary agent took their cut. There's nothing nefarious or onerous about that. It is pretty standard, Of course I’m assuming the Agent Fee was within the industry standard guidelines.
The Indictment, see paragraphs # 9 and 10, respectively. Whereby Avenatti stole payments 2 and 3. His manipulation isn’t fully realized until Pages 6 thru 11. Because the dates and timing actually matter, a lot.
Page 7 - paragraph 17 b & c:
As the SDNY Indictment alleges Avenatti used funds (arguably that he stole from) Stormy Daniels book deal, as in >$20K his own personal expenses. Then he used $1,900 of funds he stole from one client (Daniels) to pay his other paraplegic client (Johnson).
This kind of grotesque behavior is absolutely indefensible. In my line of work attorneys that steal it’s like the worse kind of conduct that the ABA and other ethical attorneys find absolutely unforgivable. I refer you to the:
American Bar Association (ABA) Rule 8.4: Misconduct
I’ve read Rule 8.4 several times and in my opinion a very strong argument can and should be made as to Avenatti’s unfitness and his name should be removed from the Rolls. The distinction here (and many will erroneously conflate) Rule 8.4 isn’t intended to govern opinion, rather facts, specifically materiality of said facts. From October 2018 to March 2019 Avenatti materially lied to his client, Ms Daniels concerning her payment installments. (for now put a pin in this because it’s important)
“lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the…integrity of a judge…or of a candidate for election or appointment to judicial or legal office.”
Then again the CA Bar cleared him in November of 2018, even though opposing counsel filed Bar Complaint against Avenatti. I suppose possible disbarment is the least of Avenatti’s worries.
As previously explained in the February 2019 John Fry matter and even then Avenatti rage tweeted at me. Calling me a “coward, a liar, a fraud” and then he re-amplified a purported dox while looping in the known Troll crew. Not once in any reply to him did I engage in such untoward & unprofessional behavior. Not once. Yet Twitter was all to happy to permanently suspend my account. For what? Tweeting facts with Court Doc and/or other primary documents.
Pages 11 & 12, Avenatti materiality mislead his client, her literary Agent and her publisher. In my opinion Ms Daniels is not at fault here. As you can see it was Avenatti gloating about (potentially) posting a demand letter to Daniels Publisher and demanding Daniels literary agent be fired. Who does that? Apparently Michael J Avenetti, that’s who.
The Indictment alleges on December 27, 2018, AVENATTI to Daniels:
”I’m sending Publisher a certified letter demanding payment and firing (Agent-1). Then I may post it online for fun” (emphasis added)
I have literally nothing to say about paragraph # 26, nothing. I’m utterly speechless. I doubt that Ms Daniels would publicly say this but...dear God she must have felt like she was losing her mind and that she wanted her money, all the while Avenetti straight up lied to her, Avenetti the self proclaimed “champion of women” by all appearances targeted women and then stole from them. It’s just gross. Unethical and unseemly.
(Apparently I wasn’t speechless -snort)
In all fairness The Daily Beast did some phenomenal reporting in the late Fall of 2018. Whereas other mainstream media outlets (looking right at you MSNBC abs CNN) gave Avenetti hundreds of hours of FREE publicity. Essentially force feeding your viewers to watch Avenetti. After what can only be described as a very public Attorney Client argument over multiple Crowd Fundraising Campaigns Ms Daniels still treated Avenetti with respect and deference for his “station in life”. I don’t fault her, like I said Avenatti fooled (and purportedly straight up stole) millions of dollars from a multitude of his clients. Talk about Attorney Client betrayal.
Again Ms Daniels has in fact conducted herself with integrity and grace, even after the very public feud she still was gracious towards Avenatti. After fully reading the SDNY Indictment, it is abundantly clear Ms Daniels was once again victimized by a man. That man being Michael J Avenatti. I have nothing but respect for Ms Daniels and nothing but contempt for Avenatti. On the flip side I hope Ms Daniels gets a second book contract, because it would instantly be a NYTs best seller.
Had I been in Ms Daniels shoes, I’m not certain I could or would have been so generous. Below are a few fund raisers. And I can’t help but wonder if Avenatti engaged in unethical behavior which resulted in unjust enrichment for himself. Specifically did Avenetti con more people to “donate” money towards: representing Daniels, South American Moms & Dads who were forcibly separated from their children under the guise of “I’m a good guy, fighting for the little guy but I need your money to fund my lavish lifestyle”...it’s all just so gross.
CrowdJustice, Campaign Funded on 14th March 2018, raised >$587,415.00
Separate from the Daniels matter, Avenatti created a separate CrowdJustice Campaign which he Funded on 18th June 2018 $159,863
Eager to cash in on Avenatti (who by the way is no Icarus) this small embroidery shop created a virtual store selling #basta merchandise and their June 2018 stipulates “some” funds will be sent to Avenatti.
Full Disclosure it’s difficult to determine if this GoFundMe Avenatti Legal Defense Campaign was authorized by Avenatti, but it was founded on April 11, 2019 and GFM shut it down about 33 day ago.
Although if I were a reporter in Orange County, CA I would certainly drive on over and pay for the certified copies of the recent Judgements and Lien. You you can also easily search them via the Orange County Superior Court portal. It took me less than 30 seconds to find the 37 various public filings. Because when the IRS places a tax lien they do it in the County in which you file your federal taxes.
And this is for all of those who twitter-hated at me or launched a coordinated mass reporting of my account, which resulted in it being suspended - all because I dared to say: Avenatti is in the barrel...How much did you pay Fry for the SARS? Y’all need to stay far far away from Avenatti, he’s bad news.
In closing it looks like next Tuesday Avenatti will be arraigned in the SDNY matters and I suppose it’s a decent sign that Avenatti has retained counsel in his SDNY Matters too.
If there’s any hope, maybe the Judge will also issue a gag order. Because Avenatti’s interviews, Cable News Appearances and prolific twitter -screeds...well you could argue he is in fact tainting the potential Jury Pools In SDNY and CDCA.. gawd you can’t file a “Notice of Appearance” if you haven’t filed and a Judge grants your Motion for Pro Hac Vice. Come on that’s law school 102. That’s not how this works, that’s not how any of this works.
What’s with the Miami Attorney
repping you in your SDNY matter, Michael?
Lastly I’ll say this again if you’re a reporter that wrote articles from SARs that Avenatti gave to you, you do know he’s going to flip on you, right? Dude is facing a maximum sentencing of this three indictments NORTH of 400 years. 385 in the CDCA matter and 50 in the “twin” SDNY matter.
And then of course remember the awesome love note Avenatti sent me? Pretty sure Avenetti was the reason I ended up being permanently suspended from Twitter in February 2019.
Karma is a....(insert pejorative term)...
May 28, 2019
Avenatti’s Miami Attorney granted Pro Hac Vice. I guess it’s a good thing (procedurally speaking) Avenetti’s Defense Counsel was admitted and granted his Motion. Also I heard Avenatti pleaded “not guilty” in both SDNY cases. Not surprised but i am hoping the Court issues a gag order. Because every time Avenetti tweets about his “I will be fully vindicated” nonsense and other judicial procedural moves he’s pulling (especially in the CDCA Criminal Case) one could easily argue that Avenatti’s prolific public statements are in fact tainting the Jury polls in TWO Federal Districts.
I still maintain the Avenatti shenanigans in the CDCA matter and his copious misleading tweets. As in Avenatti out right lied to his 869K+ followers, the Federal Public Defenders Office filed a Motion (presumably on his behalf) asking the Court to appoint him a Public Defender, absent the required financial affidavit. The CDCA DENIED Avenatti’s Motion.
Notwithstanding Avenatti’s public tweets (albeit his account remains “locked”) but this nonsense in his SDNY Case? What. Fresh. Hell. Is. This???
See below for today’s SDNY Minute Entry Re:
Minute Entry for proceedings held before Judge Paul G. Gardephe: Arraignment as to Michael Avenatti (1) Count 1,2,3,4 held on 5/28/2019. Plea entered by Michael Avenatti Not Guilty. Defendant Michael Avenatti present with attorney Scott Alan Srebnick and Jose Quinon. AUSAs Matthew Podolsky and Robert Benjamin Sobelman present. Court reporter Tom Murray present. The defendant enters a plea of not guilty to the indictment. Status conference set for 6/18/19 at 12:00 pm. Speedy trial time is excluded from 5/28/19 until 6/18/19. Bail continued. (jbo)
May 30/31 2019 Update Avenatti SDNY matter
To avoid the invariable confusion, there are two separate Indictments Avenatti is facing in the SDNY. Accordingly there are updates to both cases. It is stunning to me that Avenetti had a Federal Public Defender make appearance for his May 28, 2019 Arraignment in the SDNY-Daniels Case. Just stunning but some How Avenatti managed to hire a Miami based attorney to represent him in the Nike-Criminal Case.
United States v. Avenatti (1:19-cr-00373) NIKE - Indictment - today’s update includes a proposed Protective Order. I found the following rather interesting but you should know that language is also standard. It protects the Prosecution and Defendant. As well as buttressing the integrity of the investigation that lead to the Indictment.
United States v. Avenatti (1:19-cr-00374) Stormy Daniels - Indictment apologies I realized that I had neglected to update Case No 1:19-cr-00374, with Avenetti’s Bond and Conditions of Release (sorry there’s a paywall in that embedded link)
Appearance Bond Entered as to Michael Avenatti in amount of $300,000.00. Agreed conditions of release; $300,000 Personal Recognizance Bond; Travel restricted to SDNY/EDNY/CDCA with domestic travel with prior notification by PTS; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Defendant to be released on own signature; No contact with individual identified in the indictment as Victim #1 except in presence of or through counsel
Who’s paying Avenatti’s Bond?
Not to be overly deleterious or combative with my probative questions. I clearly hold the utmost respect for our judicial system. Thusly all defendants are afforded a presumption of innocence and yes that also includes Avenatti.
I would like to know who’s paying Avenatti’s bond?
Did Avenatti seek approval of the CDCA and/or SDNY Judges to “transfer” funds greater than $5,000 to post his recent bond?
Generally speaking Bond tends to be 10%
March of 2019 he posted a $300,000 bond (Nike Criminal Complaint)
April of 2019 he posted $300,000 bond (CDCA)
May of 2019 he posted $300,000 bond (SDNY Daniels Indictment)
Which means in less than 90 days Avenetti has doled out $90,000 in bond. He’s hired two defense attorneys (see my CDCA entry - which includes a follow up as well) yet his money troubles continue to deepen.
Again the questions I think we should be asking are:
Who’s Paying Avenetti (in his role as an attorney)?
Who’s referring Avenatti’s clients to him?
Minute Entry for proceedings held before Judge Deborah A. Batts:
Pretrial Conference as to Michael Avenatti held on 5/28/2019. Defendant Michael Avenatti present with Federal Defender Sylvie Levine (For this conference only), AUSA Matthew Podolsky, Robert Soleman and Robert Boone. Special Agent Deleassa and FBI Agent Christopher Harper. Court Reporter Karen Gorlaski. Motion to make a motion DENIED (See transcript). Next conference is scheduled for Tuesday, June 18, 2019 at 10:30 AM. Time is excluded under the Speedy Trial Act from today until June 18, 2019. Bail continue as set previously. (jbo)
June 1, 2019 Update:
Just to clear up any confusion, Avenatti has hired two Miami based defense attorneys to represent him in the SDNY - Criminal Nike Matter. As previously noted on May 24th, the original date of this entry.
Defense Attorney # 1 Scott Alan Srebnick
Filed a notice of Appearance before he filed Admission Pro Hac Vice. Irrespective the incorrect order of filings, the Court approved his SDNY admission regarding the Avenatti-Nike Extortion Indictment. This link will take you to Srebnick’s webpage of Notable Cases. I can’t definitively determine if Scott Srebnick also has a real estate license but it would make sense. Given who is wife is and the Wynwood legacy that her father entrusted her with, upon his
Also there’s another Miami Attorney who’s last name is also Srebnick and has a firm with famed litigation Gladiator Roy Black. It’s not the same Srebnick
Defense Attorney # 2 Jose M. Quiñon,
...during Avenatti’s two for one arraignment day, colloquially know as May 28th or in other more simpler terms, just an average Tuesday in the age of Trump. Avenatti had an arraignment at 2PM and 3:30PM, respectively - remember in the SDNY Avenatti had two criminal matters. The Judge provided an “ Oral Order” granting Quiñon Admission. Provided he filed the mandatory motions & Affidavit with supporting documents. Accordingly on May 31st Quiñon filed an Affidavit and Certificate of “Good Standing, ten failed to attach the proposed order, as such the Clerk made the following entry. I literally have nothing constructive to say, at all. I’ll let the entry speak for itself (remember this was after)
See Quiñon’s 2013 YouTube “firm video”
I briefly discussed the (proposed) Protective Order, late yesterday afternoon the SDNY-June in the Avenatti and Nike Matter approved said Protective Order Now that it’s official, I went ahead and highlighted two interesting tidbits. Page 3, footnote 1, which reads in part:
“...he shall store such materials at his primary residence in a secure manner and shall not take such materials outside of his residence or otherwise share such
It was widely reported that Avenetti’s firm was evicted from its Newport Beach Office, in November of 2018, for >$213K in unpaid rent. I’d urge you to read that article carefully because the verbal linguistic by Avenatti sounds exactly like what Donald Trump would say. Also what’s super weird is, if as Avenatti suggest under his “new firm” then why would his new firm still use his “old” Eagan & Avenetti email address?
I had wondered if there was an actual location of Avenatti “new office”. In the plain reading of the newly Ordered Protective Order, it would be reasonable for one to infer that Avenetti doesn’t have a physical office. That he has been reduced to “running” his “robust’ law practice from his fancy rental apartment.
And yes, I make zero apology for repeatedly asking when will the Courts (SDNY and CDCA) issue a “gag order” - (caveat some of the language in the following paragraph is pretty standard) see page 4 - granted the Protective Order strictly applies to evidence in the USA v Avenatti SDNY-Nike matter but it certainly clears up any ambiguity. And with any luck rein-in Avenetti’s loquacious Twitter habits.
Although even I can admit that on page 5 paragraph 5 - I did not see this coming. I incorrectly assumed that the Nike and Daniels cases would not cross streams. Which is vexing given to date Avenatti hasn’t retained counsel for Case 19-cr-000374 the Daniels matter. As noted previously in this write up, Avenatti was “represented” by a Federal Public Defender for his May 28th Arraignment in the Daniels matter.
The provisions of this Order shall not be construed as preventing defense counsel in this case and in the case of United States v. Michael Avenatti, 19 Cr. 374 (DAB), from sharing Confidential Information with each other.
Also odd that Quiñon isn’t included as a signatory on the Protective Order, typically all retained defense counsel are required to sign thus binding them to the Ts & Cs (Terms and Conditions) of said PO.
And thus concludes your Avenetti updates.
While you're here, throw us a bone.
Mad Dog is thrilled to have Spicy in our PAC(k). We are proud to provide a space for her tireless, hard hitting, in-depth investigations. But we can’t do it without you.
Our numbers are growing. Our voices are being heard. Our campaigns are making a difference. Help us, and Spicy, continue to fight the good fight. Consider a donation to help support the work of Mad Dog PAC today.