Michael Avenatti Sentencing Moved to October Amid Rising Case Counts, NY Travel Restrictions
Avenatti, who was convicted on extortion and fraud charges stemming from an attempted shakedown of the athletic apparel giant in 2019, was released from Manhattan's Metropolitan Correctional Center in April because of the coronavirus.
July 22, 2020 at 01:55 PM
3 minute read
The original version of this story was published on New York Law Journal
Michael Avenatti is interviewed on the Cheddar network, Thursday, May 10, 2018, in New York. AP Photo: Mark Lennihan
Michael Avenatti's sentencing on charges of extorting Nike Inc. has been delayed for a second time during the COVID-19 pandemic, after the embattled attorney raised concerns about rising case counts and New York travel restrictions.
U.S. District Judge Paul G. Gardephe of the Southern District of New York on Wednesday granted Avenatti's request to adjourn his planned Aug. 19 sentencing by about 50 days and set a new date of Oct. 7.
Avenatti, who was convicted on extortion and fraud charges stemming from an attempted shakedown of the athletic apparel giant in 2019, was released from Manhattan's Metropolitan Correctional Center in April because of the coronavirus. Originally scheduled for sentencing June 17, he has been under home confinement at a friend's house in Venice, California, during the pandemic.
In a July 15 letter, Avenatti cited "surging" COVID-19 infections in California and in Miami, as well as Gov. Andrew Cuomo's order that travelers from 22 hard-hit states must quarantine for two weeks after entering New York.
Miami, where his attorney, Scott Srebnick, lives, was doing particularly poorly and had become the new "epicenter" of the virus in the United States.
"Trends in Florida and California are not encouraging," the letter said.
Both California and Florida are subject to Cuomo's quarantine order, which applies to out-of-state, nonessential workers from states that meet a certain threshold for infections. The requirement, Avenatti said, would have placed an "unnecessary burden" on him and his team if the sentencing were to go forward as planned next month.
"As matters currently stand, both Mr. Avenatti and undersigned counsel would be required to travel to New York and quarantine for 14 days before a sentencing hearing in this case," the letter said. "Likewise, any family member who wishes to attend Mr. Avenatti's sentencing, or any potential sentencing witness, would also be required to quarantine for 14 days."
Gardephe on Wednesday set a Sept. 16 deadline for Avenatti's sentencing submission, with the government's filing due a week later. The new sentencing date comes just one week before Avenatti is set to stand trial in a second New York case for allegedly stealing money from his former client, adult film star Stormy Daniels.
Avenatti also faces a sprawling indictment in California, which accuses him of concealing assets and stealing millions from his one-time clients. In a court filing this week, Avenatti said he had run out of money to fund his defense, and asked a federal judge in Los Angeles to approve taxpayer funding for his lawyer in that case.
READ MORE:
Avenatti Ordered Released From Manhattan Federal Lockup Over Coronavirus Concerns
Avenatti's Attorney Eyes Stormy Daniels' Credibility as Defense to Theft Charges
Michael Avenatti Convicted of Federal Fraud, Extortion Charges in Nike Shakedown
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