Disgraced lawyer Michael Avenatti seeks mercy at resentencing, citing 'model inmate' record
Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience.
Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience.
Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Generate Key Takeaways
Disgraced lawyer Michael Avenatti says life behind bars has changed him into a better person and is asking a federal judge to consider that personal transformation when he gets resentenced on May 27.
Avenatti was originally sentenced to 14 years in prison after pleading guilty to defrauding clients of millions of dollars and hiding millions more from the IRS. He appealed that sentence, and a new hearing was ordered by the Ninth Circuit Court of Appeals, which said the trial judge erred by ultimately giving Avenatti a too-lengthy sentence.
"Since his 2022 original sentencing, [Avenatti] has lived every day of his incarceration seeking to atone for the harm he caused and set his life on a different path," Avenatti's lawyers wrote on Tuesday in their 41-page argument for a more lenient sentence.
That filing offers details about Avenatti's life at the Terminal Island prison in Los Angeles. They described how Avenatti is trusted by prison officials to help other inmates – including serving as "suicide watch companion." He also completed a drug abuse program and "regularly attended AA meetings and religious services."
Supreme Court Rejects Michael Avenatti Appeal As Nike Extortion Conviction Stands
Celebrity attorney Michael Avenatti walks out of a New York courthouse after a hearing on July 23, 2019.
Avenatti's lawyers also included an internal Bureau of Prisons report, which says he "has been a model inmate….[and] has distinguished himself through his work in the library, where he has voluntarily assisted academically challenged inmates with legal matters."
Read On The Fox News App
The lawyers also claim Avenatti's prison behavior is a true reflection of his character and done without regard to the upcoming resentencing hearing. "His actions demonstrate remorse, rehabilitation, and a strong desire to become a source of positive change," they wrote.
Federal guidelines allow for judges to consider an inmate's good deeds behind bars when resentencing. Prosecutors argue Avenatti is still the same shady lawyer – now disbarred – and still deserves a long sentence.
Michael Avenatti To Plead Guilty In Remaining Criminal Cases
The United States Court of Appeals for the Ninth Circuit building is seen on Feb. 6, 2017, in San Francisco. The appeals court ordered a new hearing after saying the trial judge erred by ultimately giving Michael Avenatti a too-lengthy sentence.
"Defendant's egregious violations of his duties and the trust placed in him by his clients, his infliction of great harm by stealing millions of dollars from them, and his greed and arrogance leading to the calculated choices and deception that he carried out for years against his clients and the IRS, all remain the same," Assistant U.S. Attorneys Brett Sagel and Ranaee Katzenstein wrote in their filing submitted early Wednesday morning.
Avenatti's release date is currently set for July 31, 2035. He is asking U.S. District Court Judge James Selna for a sentence that would have him released in just a few years. Prosecutors are asking for a sentence of only a few months less than the 14 years originally handed down.
Michael Avenatti Pleads Guilty To Five Criminal Charges In Federal Court
Former lawyer Michael Avenatti stands next to his most famous client, adult film actress Stormy Daniels, during a news conference.
Both filings offer detailed arguments about the different factors they want Selna to reconsider at the upcoming hearing, including determinations about how to properly assess how much money Avenatti's clients actually lost. Those technical determinations are significant as they influence the severity of the sentence. In essence, as the financial amounts increase, so does the sentence. The appellate court ruled Selna miscalculated some of those losses at the original sentencing hearing.
"Mr. Avenatti acknowledges that nothing can change how much he hurt the former clients he was entrusted to help," federal public defender Margaret Farrand wrote about her client. "Nothing can change the shame he still feels. But Mr. Avenatti has tried his best to show that his remorse and concern for others are real, not through his words, but through his actions while in custody."
This case is separate from Avenatti's other convictions for attempting to extort Nike and stealing money from his most famous client, Stormy Daniels. Avenatti's attempts to get those convictions and sentences overturned on appeal all failed.
Original article source: Disgraced lawyer Michael Avenatti seeks mercy at resentencing, citing 'model inmate' record
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
19 minutes ago
- Yahoo
Trump Orders Investigation Into Biden and His Aides
President Donald Trump and former President Joe Biden are pictured in the U.S. Capitol Rotunda in Washington, D.C., on Jan. 20, 2025. Credit - Melina Mara—AP President Donald Trump has ordered an investigation into former President Joe Biden and his aides, accusing the latter of concealing Biden's 'serious cognitive decline' and abusing the power of Presidential signatures. In a memorandum issued on Wednesday night—addressed to the Attorney General, the Counsel for President—Trump said 'it has become increasingly apparent that former President Biden's aides abused the power of Presidential signatures through the use of an autopen,' describing it as one of the 'most dangerous' scandals in U.S. history. Biden referred to the claims as 'ridiculous and false' in a statement issued following Trump's announcement. Within his presidential memoranda, Trump claims that aides of the former President used his signature, which was 'deployed across thousands of documents to effect radical policy shifts.' He further alleges that the Department of Justice has found 'clear evidence' that Biden broke the law, but that he could not stand trial due to 'his incompetent mental state.' 'The White House issued over 1,200 Presidential documents, appointed 235 judges to the Federal bench, and issued more pardons and commutations than any administration in United States history,' Trump said in the memo. "Although the authority to take these executive actions, along with many others, is constitutionally committed to the President, there are serious doubts as to the decision making process and even the degree of Biden's awareness of these actions being taken in his name.' The investigation comes after Trump re-posted a baseless claim via Truth Social, sharing a post which said Biden had been "executed in 2020" and replaced by a robotic clone. Trump has also claimed that throughout Biden's presidency, advisers 'severely restricted his news conferences and media appearances, and they scripted his conversations with lawmakers, government officials, and donors, all to cover up his inability to discharge his duties.' Per the memorandum, the investigation will look for evidence of any activity conducted 'to purposefully shield the public from information regarding Biden's mental and physical health,' as well as evidence of any agreements amongst aides to 'require false, public statements elevating the President's capabilities.' The investigation has also asked Attorney General Pam Bondi to look at 'circumstances surrounding Biden's supposed execution of numerous executive actions during his final years in office.' This will look into what documents were signed using autopen and who authorized this use for clemency grants, Executive Orders, memoranda, and other policy decisions made by Biden. As part of Trump's investigation order, he accuses Biden aides of abusing the use of an autopen to sign official documents such as Executive Orders, and claims this was done to conceal Biden's 'incapacity.' In March, Trump made a claim on Truth Social that pardons issued by Biden for members of the house select committee who investigated the Jan. 6, 2021, Capitol riots were 'void and vacant,' as an autopen was used to sign them. On Wednesday, before publishing his memorandum, Trump said via social media: 'With the exception of the rigged presidential election of 2020 the autopen is the biggest political scandal in American history.' Autopens have long been used by Presidents throughout U.S. history. It's thought they were first used by Thomas Jefferson after the device was patented in 1803. Whilst the autopen has evolved over the last 200 years, it has been used by other Presidents including Harry Truman, John F. Kennedy, and Lyndon B. Johnson during their time in the Oval Office Trump himself has admitted to using an autopen. When asked by NBC in March if he has used the device, Trump replied: 'Only for very unimportant papers, and I don't call them unimportant… where people write in and they'd love to have a response. When the reporter attempted a further question, Trump replied: 'I don't want to speak to NBC anymore.' In 2005, at the request of former President George W. Bush, a memorandum opinion was published regarding whether the President may sign a bill by directing that his signature be affixed to it. The opinion found that 'if a White House aide were to sign his own name to a bill, that bill would not thereby become law. By contrast, the President's directive to an aide to affix the President's signature to a bill does not involve a delegation of authority.' In conclusion 'the President need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law.' The former President has responded to Trump's claims of presidential power abuse and his declining cognitive state during his time in office. In a statement, Biden said: "Let me be clear: I made the decisions during my presidency. I made the decisions about the pardons, executive orders, legislation, and proclamations. Any suggestion that I didn't is ridiculous and false." He continued: 'This is nothing more than a distraction by Donald Trump and Congressional Republicans who are working to push disastrous legislation that would cut essential programs like Medicaid and raise costs on American families, all to pay for tax breaks for the ultra-wealthy and big corporations." Biden was seemingly referring to Trump's "Big, Beautiful Bill,' which is currently under consideration by Senators after being passed in the House of Representatives last month. However, it's facing significant criticism, as Trump ally Elon Musk, who until recently served as the head of the Department of Government Efficiency (DOGE), has called it 'outrageous, pork-filled' and a 'disgusting abomination.' The allegations put forward by Trump come a couple of weeks after Biden announced he has been diagnosed with an 'aggressive' form of prostate cancer. Trump initially sent his best wishes to Biden after the news, but he soon went on to make claims that the diagnosis had been concealed. Speaking to reporters in the Oval Office, Trump said: 'There are things going on that the public wasn't informed, and I think somebody is going to have to speak to his doctor.' Vice President J.D. Vance issued a similar response. While travelling on Air Force One, he said to reporters: 'Why didn't the American people have a better sense of his health picture? Why didn't the American people have more accurate information about what he was actually dealing with?' Concerns over Biden's cognitive fitness and age—by the end of his term, he was 82 years old—have long been a talking point. In February 2024, Biden's White House physician declared that he was "fit for duty and fully executes all of his responsibilities without without any exemptions or accommodations." However, concerns only grew as the presidential race kicked into gear, and Biden was heavily scrutinized after the first presidential debate with Trump in July 2024, which saw the Democratic leader stumble over his words and seemingly lose his trail of thought. He later admitted to having had "a bad night." After the debate, there was an increase in calls and pressure for him to drop out of the race, and Biden withdrew his candidacy in late July, before endorsing then-Vice President Kamala Harris to replace him. Contact us at letters@
Bloomberg
an hour ago
- Bloomberg
US Housing Agency Vulnerable to Fraud After DOGE Cuts, Documents Warn
By So many managers and lawyers have left the US federal government's housing agency this year that there may not be sufficient staff to perform core government functions, according to an internal document seen by Bloomberg CityLab. The confidential report from the US Department of Housing and Urban Development's Office of General Counsel warns that the loss of lawyers due to staff cuts and early resignations is 'significantly increasing litigation risk and the risk of fraud, waste and abuse' across housing programs.
The Hill
2 hours ago
- The Hill
The parade of presidential pardons is a perversion of justice
There are all sorts of checks and balances baked into the Constitution. But one power sits above the law, untouched by Congress, immune to the courts and utterly unaccountable: the presidential pardon. It is the kind of absolute authority you'd expect in a monarchy, not a democracy. The Founding Fathers thought they were building a system of justice with a human touch — where a president, guided by conscience and compassion, could offer mercy to someone wrongfully convicted or genuinely reformed. The pardon was supposed to heal wounds, not reward political allies or well-heeled donors. Nice idea. Too bad it hasn't always worked out that way. Gerald Ford pardoned Richard Nixon after Watergate to help the country move on. It was controversial, sure, but Ford was acting on principle, not personal gain. Contrast that with Bill Clinton, who — on his way out the door — pardoned Marc Rich, a fugitive tax cheat whose ex-wife just happened to be a generous Clinton donor. That wasn't mercy. That was transactional politics. Joe Biden used his final hours in office to pardon his son, Hunter, and other family members — along with a few preemptive pardons aimed at blunting potential charges from a future Trump administration. That's not justice. That's insurance. And then there's Donald Trump. Where to begin? Trump opened his second term — on the first day, no less — by pardoning about 1,500 people involved in the Jan. 6 Capitol riot. Among them were thugs who assaulted police officers. Then came the pardon parade: Reality television fraudsters Todd and Julie Chrisley. Former Rep. Michael Grimm (R-N.Y.), who lied on his taxes. A corrupt sheriff in Virginia. A Nevada politician who pocketed money meant for fallen police officers — and used it to pay for plastic surgery. A nursing home operator who stiffed the IRS out of $10 million. Trump even tossed a pardon to former Illinois Gov. Rod Blagojevich (D) — the same Blagojevich who tried to sell off Barack Obama's Senate seat like it was a used car on Craigslist. Blago, by the way, was also a contestant on Trump's 'Celebrity Apprentice' show. Imagine that. Trump's pardon lawyer — yes, he has one of those now — summed it up with a slogan that belongs on a bumper sticker: 'No MAGA left behind.' That's not a legal doctrine. That's a loyalty program. When presidents start handing out pardons like party favors to friends, donors or political cronies, it's not only the opposite of what the Founding Fathers had it mind, but it also sends a very loud and dangerous message — that the law doesn't apply equally. That who you know matters more than what you did. That justice is just another game for the powerful to rig. And when Biden pardons his own son and Trump pardons his loyal foot soldiers, what are we left with? A pardoning arms race, a perversion of justice that turns the most sacred executive power into a blunt instrument of politics and payback. So why should we care? Because once the ideals put forth in the Constitution become tainted by raw politics — once they're bent, twisted and ignored by the very people sworn to uphold those ideals — the entire democratic experiment begins to buckle. The presidential pardon was meant to show mercy, not mock the law. But in the hands of men more interested in self-preservation and political payback than in public service, it becomes just another tool for corruption. And telling ourselves that 'both sides do it' doesn't make it any less sleazy. Bernard Goldberg is an Emmy and an Alfred I. duPont-Columbia University award-winning writer and journalist. He is the author of five books and publishes exclusive weekly columns, audio commentaries and Q&As on his Substack page. Follow him @BernardGoldberg.
