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Michael Avenatti Resentenced to 11 Years for Fraud and Theft
Santa Ana, Calif. – michael Avenatti, the once high-profile attorney known for representing adult film star Stormy Daniels, received a new sentence of 11 years in prison this Thursday. The resentencing stems from convictions for tax evasion and stealing millions from his clients.
U.S. district Judge James V. Selna handed down a 135-month sentence, which is slightly over 11 years.Avenatti was credited with 40 months for time already served, including time related to the theft of nearly $300,000 from Daniels’ book advance. This effectively reduces his remaining sentence to almost eight years.
judge’s Remarks and Guilty Plea
Judge Selna noted that while Avenatti had done commendable acts, he also committed “great evil” that demanded accountability. “Avenatti has done many noble and good things in his life…but he’s also done great evil for which he must answer,” Selna stated, emphasizing that Avenatti’s actions showed a disregard for basic fairness.
Avenatti pleaded guilty in June 2022 to multiple counts, including four of wire fraud for stealing from clients and one of obstructing payroll tax collections from his now-defunct Seattle coffee business.
Victims and Restitution
One of Avenatti’s victims, Geoffrey Ernest johnson, was a disabled, mentally ill man receiving disability benefits. Judge Selna ordered Avenatti to pay approximately $9 million in restitution to at least ten victims, including the Internal Revenue Service and the state Bar of California.
Pro Tip: Victims of fraud can seek restitution through court orders,which compel the perpetrator to repay stolen funds. However, the recovery process can be lengthy and complex.
Appeals and Prior Sentencing
Avenatti, appearing in court wearing a gray sweatshirt and sweatpants, had previously been sentenced to 14 years in 2022. The 9th U.S. Circuit court of Appeals ordered a resentencing after finding the original judge had based the decision on inflated loss calculations, resulting in an excessively harsh sentence.
Arguments for a Lighter Sentence
Prosecutors sought just over 13 years, while Avenatti requested a little over three years.Leading up to the hearing,Judge Selna had tentatively suggested a 10-year sentence,acknowledging Avenatti’s assistance to fellow inmates,including suicide watch duties and tutoring.
Though, Prosecutor Brett Sagel argued that Avenatti remained unrepentant and would say anything to benefit himself, labeling the proposed 10-year sentence as “unjust.”
Margaret Farrand, Avenatti’s federal public defender, contended that Avenatti has always had a desire to improve the world and that his prison actions demonstrated his continued commitment to this goal.
impactful Testimony from a Victim
Judge Selna seemed particularly moved by the testimony of Alexis Gardner, a former client from whom Avenatti stole a portion of a $2.75 million settlement. The settlement came from Gardner’s former boyfriend, Hassan Whiteside, a professional basketball player, to avoid a potential lawsuit. Avenatti used the stolen funds,in part,to purchase a private jet.
Gardner,visibly shaken,described Avenatti as a “legal predator” who had stolen her future. “Eight years ago, I expected a life-changing settlement that would give me security and a chance to build my future,” Gardner stated. “Instead, Mr. avenatti misappropriated my funds, and he dictated my fate without my consent, based on choices that he made.”
Gardner added that without Avenatti’s actions, she would likely be a homeowner with savings. She urged the judge to impose the maximum sentence to protect others vulnerable to similar legal abuses. What are your thoughts on the impact of Avenatti’s actions on his victims?
Avenatti’s Statement and Prosecutor’s Reaction
Addressing the court, Avenatti stated that he would change his past actions if he could. “All I can do is try to move forward in a positive way, and that’s what I’ve attempted to do, and that’s what I’m going to continue to attempt to do,” he said.
Following the hearing, Prosecutor Sagel commented that while he believed Avenatti deserved more time, an 11-year sentence for fraud was still notable. “I’m pretty sure he doesn’t see this as a victory, doing double digits in jail,” Sagel noted.
Avenatti’s exact release date remains unclear.After the sentence was delivered, Avenatti hinted at further legal action, stating, “We’ll be back.”
Avenatti’s Legal Troubles: Key Facts
| Issue | details |
|---|---|
| Original Sentence | 14 years (2022) |
| Resentence | 11 years (2025) |
| Crimes | Wire fraud, tax evasion |
| Restitution | $9 million |
The Broader Implications of Legal Fraud
Cases of legal fraud, especially those involving high-profile attorneys, underscore the importance of ethical conduct within the legal profession. Such incidents erode public trust and can have far-reaching consequences for the victims involved.
Did You Know? Legal fraud can take many forms, including embezzlement, overbilling, and misrepresentation. Reporting such activities is crucial for maintaining the integrity of the legal system.
Maintaining transparency and accountability is essential to preventing future occurrences. What measures do you think could be implemented to enhance oversight and ethics in the legal sector?
Frequently Asked Questions About the Avenatti Case
- Why was Michael Avenatti resentenced for fraud?
He was resentenced after an appeals court deemed his initial sentence too severe. - What specific crimes led to Avenatti’s fraud conviction?
He was found guilty of wire fraud and tax evasion. - How much money did Michael Avenatti steal from his clients?
Avenatti stole millions of dollars. - Who is Alexis Gardner, and what was her relationship to the Avenatti case?
Gardner is a former client from whom Avenatti stole
