Michael Avenatti

Michael Avenatti
Avenatti in 2018
Born Michael John Avenatti
(1971-02-16) February 16, 1971
Sacramento, California, U.S.
Education Saint Louis University
University of Pennsylvania (BA)
George Washington University (JD)
Occupation Attorney
Years active 2000–present
Political party Democratic
Spouse(s)
Lisa Storie
(m. 2011; div. 2017)
[1]
Website Official website

Michael John Avenatti (born February 16, 1971)[2] is an American attorney and entrepreneur. He has appeared on broadcast[3][4][5] and in print media[6] as a commentator on a range of legal issues and has represented parties in a number of lawsuits that have gained international media attention, including cases brought against the National Football League,[7] various celebrity defendants,[8][9] high-ranking business executives,[10] and Fortune 100 companies.[11] He is also a professional race car driver, having participated in races in the United States and Europe.[12][13][14][15][16][17] Avenatti is best known for suing President Donald Trump on behalf of porn actress Stormy Daniels in an attempt to void a non-disclosure agreement she had signed.[18][19]

Early life

Born on February 16, 1971 in Sacramento, California, Avenatti spent his early childhood in Colorado and Utah.[20] He moved with his family to Chesterfield, Missouri, a suburb of St. Louis, in 1982, where he attended Parkway Central High School.[21] After graduating in 1989, Avenatti attended Saint Louis University for a year before transferring to the University of Pennsylvania, where he graduated with a B.A. in political science in 1996. He attended George Washington University Law School, where he graduated Order of the Coif and first in his class with a J.D. in 2000.[9] While at GW, he worked with Professor Jonathan Turley on constitutional issues relating to the Foreign Intelligence Surveillance Act (FISA).[9] In 2003, George Washington University Law School established the Michael J. Avenatti Award for Excellence in Pre-Trial and Trial Advocacy, an annual award given to the member of the graduating Juris Doctor class who demonstrates excellence in pre-trial and trial advocacy. Avenatti also received George Washington University's prestigious Alumni Recognition Award in 2010.[22]

Career

While in college and later in law school, Avenatti worked at The Research Group, a political opposition research and media firm run by Rahm Emanuel (later White House Chief of Staff for President Barack Obama, and Mayor of Chicago).[23][24] Avenatti worked on over 150 Democratic and Republican campaigns in 42 states while studying at George Washington University.[9]

After law school, Avenatti worked at O'Melveny & Myers in Los Angeles, California, alongside Daniel M. Petrocelli, who previously represented the Ron Goldman family in its case against O.J. Simpson.[25] He assisted Petrocelli on multiple legal matters, including the representation of singer Christina Aguilera[26] and litigation surrounding the movie K-19: The Widowmaker,[27][28] and worked extensively for Don Henley and Glenn Frey of the musical group the Eagles, including in a suit brought by former bandmate Don Felder against the group and Irving Azoff.[29][9]

Avenatti later joined Greene Broillet & Wheeler, a Los Angeles boutique law firm. While there, he handled a number of high-profile cases, including a $10 million defamation case against Paris Hilton,[30] settled an idea-theft lawsuit relating to the show The Apprentice and against producers Mark Burnett and Donald Trump,[31] and a $40 million embezzlement lawsuit involving KPMG.[9][32]

In 2007, Avenatti formed the law firm Eagan Avenatti, LLP (formerly known as Eagan O'Malley & Avenatti, LLP) with offices in Newport Beach, Los Angeles and San Francisco, California. He has since appeared on 60 Minutes three times in connection with cases he has handled.[3][33][34] Avenatti has also served as lead counsel on a number of historically large cases, including an April 2017 $454 million verdict after a jury trial in Federal Court in Los Angeles in a fraud case against Kimberly-Clark and Halyard Health,[35] later reduced to a $21.7 million verdict upon appeal,[36] an $80.5 million class-action settlement against Service Corporation International,[37] a $41 million jury verdict against KPMG,[38] and a $39 million malicious prosecution settlement.[39]

In 2013 Avenatti formed a company, Global Baristas, to buy Seattle-based Tully's Coffee out of bankruptcy.[40] Avenatti first formed a partnership with actor Patrick Dempsey, but Dempsey later backed away from the venture after a short legal battle that resulted in a settlement.[41] Since 2015, Global Baristas has been named in more than 50 lawsuits in state and federal courts for breach of contract, unpaid bills, and unpaid taxes.[42]

In 2015, Avenatti prevailed against the National Football League (NFL) following a jury trial in Dallas.[43] He later pursued a class-action suit on behalf of fans who showed up for Super Bowl XLV with tickets that didn't correspond to actual seats but the courts in Texas declined to certify the class.[44]

In 2016, Avenatti filed another class action lawsuit against the NFL, this time on behalf of ticket-holders to the annual Hall of Fame Game, which was cancelled a few hours before kickoff.[44][45]

In 2017, a Florida man named Gerald Tobin alleged Avenatti failed to pay him $28,700 for private investigatory work. As a result, Avenatti's firm was abruptly forced into bankruptcy.[46] In various news reports, including work done by CNN, Tobin was found to be an ex-con with four decades of convictions and jail time and not a licensed investigator. Tobin's claim forced Avenatti into bankruptcy which caused Avenatti to cancel a deposition in an unrelated lawsuit days later, raising the question of collusion between Avenatti and Tobin. The issue was resolved when the pair entered into a Non-Disclosure Agreement, and Avenatti paid Tobin the $28,700.[46]

In 2018, Avenatti's law firm was subjected to a $10 million judgment in U.S. bankruptcy court.[47] Avenatti has also defaulted on a $440,000 judgment in back taxes, penalties, and interest that he was personally obligated to pay under another bankruptcy settlement. The U.S. Attorney's office asserted in court that a motion seeking payment would soon be filed against Avenatti.[47] Eagan Avenatti had been in Chapter 11 bankruptcy proceedings and, in December 2017, had agreed to pay $4.8 million in unpaid fees to a former partner, $2 million in back taxes, and $1 million to other creditors.[48] In June 2018, the former partner filed a motion in U.S. bankruptcy court asking for a lien on any and all legal fees Avenatti's firm might collect, up to $10 million, from clients in 54 cases including his representation of Stormy Daniels.[49]

Avenatti has on several occasions, including in a post to Twitter, expressed interest in running for president in 2020.[50] In a CBC TV interview published in September 2018, Avenatti said he would run in 2020 only against Trump or Pence.[51]

Racing

Since 2010, Avenatti has raced as a driver in approximately 33 professional sportscar races, including various American Le Mans Series, FIA World Endurance Championship, Porsche Supercup and United SportsCar Championship races in the United States and in Europe. These races have included the 24 Hours of Daytona, 12 Hours of Sebring, 2012 Petit Le Mans, and the Long Beach Grand Prix.[12] Avenatti had been planning to race the 2013 24 Hours of Le Mans, but replaced himself with Patrick Long a few weeks before the event because scheduling conflicts had arisen with his other business interests.[52] At the 2015 24 Hours of Le Mans, Avenatti teamed up with Saudi Prince Abdulaziz bin Turki Al Saud and Polish driver Jakub "Kuba" Giermaziak in the No. 66 JMW Motorsport Ferrari 458 Italia. The team placed seventh in its class.[53][54]

24 Hours of Le Mans results
Year Team Co-Drivers Car Class Laps Pos. Class
Pos.
2015 United Kingdom JMW Motorsport Poland Kuba Giermaziak
Saudi Arabia Abdulaziz al Faisal		 Ferrari 458 Italia GT2 GTE
Am		 320 36th 7th

Stormy Daniels−Donald Trump scandal

In March 2018, Avenatti filed a lawsuit on behalf of adult film actress Stormy Daniels seeking to invalidate a 2016 non-disclosure agreement regarding an alleged affair with Donald Trump in 2006. The non-disclosure agreement had been negotiated in the final days of the 2016 U.S. Presidential campaign.[55][56] Avenatti has been a frequent guest on talk shows and cable news programs to discuss the case, logging 108 CNN and MSNBC appearances between March 7 and May 10 of 2018.[57][58] He also gained a large following on Twitter; he is known for ending his tweets about the case and other Trump-related matters with the Twitter hashtag "#basta"–the Italian word for "enough."[59]

In May 2018, Avenatti released records showing multiple large payments, some from major corporations, into the bank account Cohen had used to pay Daniels.[60] Cohen's lawyers subsequently argued that some of the transactions released by Avenatti involved a different Michael Cohen, but they did not dispute the larger deposits.[61] The US Treasury Department opened an investigation into how Avenatti gained information from Cohen's private bank records.[62] Avenatti had also filed a motion to join the federal investigation of Michael Cohen. The federal judge issued Avenatti "a choice" that if he wanted to join he would have to end what the judge called his "publicity tour" of TV appearances and tweets about the case.[63] Avenatti withdrew the motion, and appeared on MSNBC that same day.[63]

Immigration

Avenatti provided to MSNBC a video which aired on the June 25, 2018 episode of The Rachel Maddow Show, a "secretly shot" video of a child in the custody of immigration officials who was separated from her mother. The video was leaked by a former employee whom Avenatti represents.[64] The leaked video was part of the response to the Trump administration family separation policy.

Brett Kavanaugh nomination

US Senate Judiciary Committee Democrats on affidavit of Julie Swetnick

In September 2018, as the nomination of Brett Kavanaugh to the U.S. Supreme Court was being evaluated in the Senate, two women accused him of inappropriate sexual conduct while in high school or college. Avenatti then announced that he had a client who made additional allegations against Kavanaugh, as both a witness and a victim of inappropriate behavior, and that she would soon come forward publicly.[65] On September 25, this woman was publicly identified by Avenatti as Julie Swetnick, a resident of Washington, D.C. and a 1980 graduate of Gaithersburg High School in Maryland. Swetnick claims in a sworn affidavit, signed under penalty of perjury, that Kavanaugh, as a high school student in the early 1980s, drank excessively and engaged in physically aggressive behavior toward girls. She said he was present at parties where girls were drugged and gang raped and that he participated in those activities. Swetnick also claims that she was gang raped at a party where both Kavanaugh and Judge were present, although they did not personally participate in the attack.[66][67] Kavanaugh retorted, "I don't know who this is and this never happened."[67] In an NBC interview, Swetnick provided the names of four friends went to the parties with her – however, one is deceased and another did not know her.[68]

Kavanaugh was confirmed to the Supreme Court by a margin of 50-48, mostly along party lines. Several Democratic Senators blamed Avenatti as the Swetnick accusation "gave Republicans an opportunity to shift the narrative away from Ford's allegations and make a broader case that the growing accusations of sexual misconduct amounted to an orchestrated Democratic smear campaign". Senator Susan Collins, a Republican swing vote, called the Swetnick allegation "outlandish...[without] any credible supporting evidence", and ended up supporting Kavanaugh's nomination. Senator Gary Peters said that Avenatti's allegations "turns it into a circus atmosphere and certainly that's not where we should be", while another Senate aide said that "Democrats and the country would have been better off if Mr. Avenatti spent his time on his Iowa vanity project rather than meddling in Supreme Court fights". Avenatti fired back, criticizing anonymous Democrats as "cowards", arguing that this showed "failed leadership" in the Democratic Party.[69]

See also

References

  1. ↑ Wynter, Dontei (March 26, 2018). "Michael Avenatti's Ex-Wife, Lisa Avenatti: Who Is the Ex-Wife of Stormy Daniels' Attorney?". Earn The Necklace. Concord, Ontario. Retrieved August 28, 2018.
  2. ↑ "Michael Avenatti on Twitter". Twitter. Retrieved 2018-06-15.
  3. 1 2 Cooper, Anderson (May 1, 2016). "60 Minutes investigates medical gear sold during Ebola crisis". CBS News. Retrieved May 28, 2018.
  4. ↑ Michael Avenatti (October 3, 2014). "Michael Avenatti on CNN MJA Live" – via YouTube.
  5. ↑ "Cemeteries draw complaints". CBS News.
  6. ↑ Browning, Lynnley (April 27, 2006). "KPMG Reports Some Progress On Shelters". The New York Times.
  7. ↑ "Dallas Cowboys owner Jerry Jones testifies in Super Bowl lawsuit". Fox Sports. March 10, 2015.
  8. ↑ "Jim Carrey's Ex-Girlfriend Claimed He Introduced Her to 'Cocaine, Prostitutes, Mental Abuse and Disease'". People.
  9. 1 2 3 4 5 6 "Michael J. Avenatti – California Lawyers – The Scourge of KPMG". Superlawyers.com.
  10. ↑ "Judge finds 11th largest U.S. accounting firm in contempt over audit documents". Cpapracticeadvisor.com.
  11. ↑ "Kimberly-Clark faces $500 million suit over Ebola protection gown". Reuters. October 30, 2014.
  12. 1 2 "Michael Avenatti – Racing career profile". Driver Database.
  13. ↑ "Avenatti: 'This is Our First Entree into the FIA WEC'". Sportscar365.
  14. ↑ "GB Autosport Le Mans Wednesday Update" (Video). Sportscar365.
  15. ↑ "Sebring Wednesday Notebook". Sportscar365.
  16. ↑ "Giermaziak, Butcher Complete GB Autosport's Rolex 24 Lineup". Sportscar365.
  17. ↑ "GB Autosport Confirms NAEC Effort, Signs Skeen". Sportscar365.
  18. ↑ Atkinson, Claire. "Stormy Daniels' lawyer Michael Avenatti is ready for his star turn". NBC News. Retrieved May 3, 2018.
  19. ↑ "Who is Michael Avenatti, the lawyer representing Stormy Daniels?". CBS News. Retrieved May 3, 2018.
  20. ↑ Roig-Franzia, Manuel (March 25, 2018). "Michael Avenatti, the adrenaline-fueled lawyer taking on President Trump". The Washington Post. Retrieved April 17, 2018.
  21. ↑ Holleman, Joe (March 8, 2018). "Porn star Stormy Daniels' lawyer graduated from Parkway Central". St. Louis Post-Dispatch. Retrieved March 24, 2018.
  22. ↑ "GW Magazine". George Washington University.
  23. ↑ Jannot, Mark (August 3, 1992). "A Rahm for the Money". Chicago Magazine. Retrieved June 12, 2018.
  24. ↑ Roig-Franzia, Manuel (March 26, 2018). "Stormy Daniels' lawyer saw 'soft underbelly of politics' while working for Rahm Emanuel". Chicago Tribune. Retrieved 2018-06-12.
  25. ↑ "Man behind Simpson guilty verdict". NBC News. June 14, 2004.
  26. ↑ Farache, Emily (October 18, 2000). "Christina's Court Fight". E! Online. Retrieved June 12, 2018.
  27. ↑ Grossberg, Josh (February 17, 2001). "Harrison Ford Sub Drama Draws Fire". E! Online. Retrieved June 12, 2018.
  28. ↑ Hagan, Joe (March 23, 2018). "The President May Be Able to Fire Mueller, but He Can't Fire Me". The Hive. Vanity Fair. Retrieved June 12, 2018.
  29. ↑ Leeds, Jeff (December 8, 2002). "Reborn Eagles Lose Peaceful, Easy Feeling". Los Angeles Times.
  30. ↑ "Paris Hilton Settles $10 Million Defamation Suit". People. August 23, 2007.
  31. ↑ Niemietz, Brian (March 7, 2018). "Stormy Daniels' lawyer has negotiated settlements with Donald Trump and Paris Hilton". New York Daily News. Retrieved 2018-06-12.
  32. ↑ Reilly, David (March 29, 2006). "KPMG Settles Targus Audit Case". The Wall Street Journal.
  33. ↑ Cooper, Anderson (May 21, 2012). "Final resting place: Cemeteries lack oversight". CBS News. Retrieved May 28, 2018.
  34. ↑ Cooper, Anderson (March 28, 2018). "Stormy Daniels describes her alleged affair with Donald Trump". CBS News. Retrieved May 28, 2018.
  35. ↑ "Hospital gowns didn't protect as promised, jury says in $454-million fraud verdict". Los Angeles Times. April 10, 2017.
  36. ↑ Greene, Jenna (April 11, 2018). "Stormy Daniels Lawyer Avenatti Fights to Save Huge Punitive Award Against Kimberly-Clark | The Recorder". The Recorder. Retrieved May 4, 2018.
  37. ↑ Sichel, Jared (February 27, 2014). "Eden Memorial Park settles lawsuit in $80.5 million deal". Jewish Journal.
  38. ↑ "KPMG Assessed $41 Million for Failing to Divulge Fraud Revealed in Audit". New Jersey Law Journal.
  39. ↑ "FLIR to pay $39M to settle lawsuit". Bizjournals.com. Retrieved April 16, 2018.
  40. ↑ "Report: Tully's Stores Run Out of Coffee as Rebranding Looms". Usnews.com. Retrieved April 16, 2018.
  41. ↑ "Dempsey walks away from Tully's after suing partner". Seattle Times. August 23, 2013.
  42. ↑ Kamb, Lewis (April 7, 2018). "Before Stormy Daniels, her attorney faced allegations of dubious business dealings at Tully's Coffee". Seattle Times. Retrieved 24 May 2018.
  43. ↑ "Dallas jury awards $76,000 to Super Bowl seat plaintiffs, finds no fraud by NFL". Dallas News. March 12, 2015. Retrieved May 10, 2018.
  44. 1 2 Florio, Mike (August 9, 2016). "Hall of Fame Non-Game lawsuit appears to be looming". ProFootballTalk. NBC Sports. Retrieved May 10, 2018.
  45. ↑ Florio, Mike (August 11, 2016). "Class action filed in Ohio of Hall of Fame Non-Game". ProFootballTalk. NBC Sports. Retrieved May 10, 2018.
  46. 1 2 "Exclusive: How a 'nobody' ex-con pushed Avenatti law firm into bankruptcy".
  47. 1 2 Finnegan, Michael (May 22, 2018). "Law firm of Stormy Daniels' attorney hit with $10-million judgment". Los Angeles Times. Retrieved 22 May 2018.
  48. ↑ Bolado, Carolina. "Judge OKs Eagan Avenatti's Exit From Ch. 11". Lexis Law 360. Retrieved 19 March 2018.
  49. ↑ "Lawyer moves to seize Stormy Daniels' crowdfunding cash in Avenatti spat". Los Angeles Times. Retrieved 13 June 2018.
  50. ↑ "Michael Avenatti, Stormy Daniels's Lawyer, Eyes Another Gig: President". Retrieved 2018-08-27.
  51. ↑ CBC News: The National (2018-09-10), Lawyer for Stormy Daniels considers running for president, retrieved 2018-09-13
  52. ↑ Staff (May 29, 2013). "Patrick Long to Join Patrick Dempsey and Dempsey/Del Piero Racing for Le Mans". Autoweek. Retrieved May 11, 2018.
  53. ↑ "FIA Driver Categorisation – Michael Avenatti". FIA World Endurance Championship. Retrieved May 11, 2018.
  54. ↑ John Dagys (June 16, 2015). "Avenatti: 'Le Mans Lived Up to the Expectation Level and Then Some'". Sportscar 365. Retrieved May 11, 2018.
  55. ↑ Hay, Andrew (March 6, 2018). "Stormy Daniels Sues Trump Over 'Hush Agreement'". The New York Times. Reuters. Archived from the original on March 8, 2018. Retrieved June 12, 2018.
  56. ↑ Reinhard, Beth; Sellers, Frances Stead; Brown, Emma (March 6, 2018). "Porn actress Stormy Daniels sues Trump, says hush agreement is null because he didn't sign it". Washington Post. (subscription required)
  57. ↑ Atkinson, Claire (April 20, 2018). "Stormy Daniels' lawyer Michael Avenatti is ready for his star turn". NBCNews.com. Retrieved May 7, 2018.
  58. ↑ Joe, Concha. "Michael Avenatti has appeared on CNN and MSNBC 108 times since March 7, says Free Beacon". The Hill. Retrieved May 11, 2018.
  59. ↑ Michael Finnegan; Maura Dolan (April 7, 2018). "Trump meets his match: Stormy Daniels' combative lawyer Michael Avenatti". Los Angeles Times.
  60. ↑ "Michael Avenatti claims Michael Cohen received payments from firm controlled by Russian oligarch". CBS News. May 9, 2018. Retrieved 14 May 2018.
  61. ↑ Edevane, Gillian (May 10, 2018). "Stormy Daniels's Attorney Michael Avenatti Got the Wrong Michael Cohen in Bank Records". Newsweek. Retrieved 24 May 2018.
  62. ↑ Korte, Gregory; Schouten, Fredreka (May 9, 2018). "Treasury investigates possible leak of bank records for Trump lawyer Michael Cohen". USA Today. Retrieved May 28, 2018.
  63. 1 2 "Stormy Daniels' Attorney Drops Motion to Represent Her in Michael Cohen Probe". TIME. Retrieved 30 May 2018.
  64. ↑ Samuels, Brett. "Former migrant detention facility worker leaks footage from inside facility to MSNBC". The Hill. Retrieved 26 June 2018.
  65. ↑ Tatum, Sophie (September 25, 2018). "Avenatti promises new Kavanaugh accuser to come forward in next 48 hours". CNN. Retrieved 26 September 2018.
  66. ↑ "Michael Avenatti on Twitter". Twitter. Retrieved 2018-09-26.
  67. 1 2 Breuninger, Dan Mangan, Kevin (2018-09-26). "New Kavanaugh accuser Julie Swetnick details parties where girls allegedly were drugged and raped". CNBC. Retrieved 2018-09-26.
  68. ↑ "Kavanaugh accuser Julie Swetnick speaks out on sexual abuse allegations". NBC News.
  69. ↑ https://www.cnn.com/2018/10/06/politics/democrats-avenatti-swetnick-accusation/index.html
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