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In this episode of American Greed, high
-flying attorney Michael Avenatti. He
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literally just exploded on the theme.
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Joining us now is Michael Avenatti, the
lawyer representing Stormy Daniels.
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Avenatti gains fame waging a lurid legal
battle against Donald Trump on behalf
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00:00:18,760 --> 00:00:20,440
of an adult film star.
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The agreement was illegal from the get
-go. It was all a ruse designed to shut
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my client up. He was a fighter. He
commanded the screen. He was fantastic
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Your friend is a thug. Thank you.
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Avenatti even considers a run for the
White House himself. To replace the
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president, he calls a fraud.
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With our country under an unprecedented
assault by a con man.
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He became this overnight sensation, a
liberal folk hero.
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But the feds say this hero is no
stranger to shady behavior.
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Prosecutors allege he stole millions
from a paraplegic client.
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I am appalled.
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by the conduct of Mr. Avenatti. They
accuse him of fleecing Stormy Daniels.
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needs fame. He needs money. One begets
the other. One of the president's most
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vocal critics faces new troubles
tonight.
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And as Avenatti runs toward the camera,
the feds plant one of their own and
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captured a criminal shakedown of the
world's biggest shoe company.
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American Greed has that tape.
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A few million dollars doesn't move the
needle for me.
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Where does zealous advocacy stop and
where does criminality begin?
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It stops and it begins when you try to
force someone to hire you. I'm not going
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to go out with this. What man would risk
the profession that put shoes on the
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feet of his children?
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And I'm not continuing to play games.
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Well, his name is Michael Avenatti.
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Michael Avenatti has sparred in a
courtroom countless times, most famously
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the lawyer for Stormy Daniels in her
quest to speak freely about her alleged
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affair with Donald Trump.
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But on March 25th, 2019, the tables are
turned and Michael Avenatti prepares for
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the biggest battle of his life.
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I'm going to make a brief statement, but
I will not be accepting any questions.
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Prosecutors allege Avenatti tried to
parlay damaging information about shoe
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giant Nike, allegations of corruption in
their youth basketball programs, into
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an enormous payday for himself.
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This is a case about a shakedown, the
prosecutor tells the jury in opening
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arguments.
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Michael Avenatti went to Nike and said,
essentially, I'm going to hold a press
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conference and reveal information about
you unless you pay me money.
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Avenatti's demands are laid out in
undercover FBI tapes in which he speaks
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attorneys for Nike.
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A few million dollars doesn't move the
needle for me.
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I'm not around with this thing anymore.
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Avenatti's defense attorneys in their
opening arguments tell the jury Mr.
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Avenatti is brash, he is aggressive, and
sometimes he might even be offensive.
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But they say it's not a crime to use the
F word. It's not extortion because you
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use harsh language.
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And I'll go take $10 billion off your
client's market cap.
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But I'm not around.
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Avenatti's relentlessness has long stood
out, even in college when he works on a
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political campaign.
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I spent a good deal of time with Mike
and got to know him pretty well and was
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very impressed with him.
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Mike Plant supervises Avenatti's
opposition research for a congressional
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candidate. In those free Internet days,
Avenatti overnights his notes to
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campaign headquarters.
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One night...
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Avenatti rushes to FedEx right before
closing time when he encounters a
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obstacle.
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There are some train tracks that run
adjacent to the airport there that the
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FedEx office is just on the other side
of those tracks.
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And so when they got up to the railroad
crossing, there was a train moving
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across those tracks.
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Mike apparently was getting very
frustrated and worried that he was going
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miss the deadline. So he grabbed all the
stuff, jumped out of the car.
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and proceeded to crawl between two train
cars to get to the other side of the
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tracks and get to the FedEx office.
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Yeah, I just kind of shook my head in
disbelief. I remember calling Mike and
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saying, hey, buddy, this stuff's
important, but it's not that important.
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Avenatti transfers to the University of
Pennsylvania, graduates, and then moves
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on to George Washington University Law
School, where he finishes number one in
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his class.
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The newly minted lawyer heads west to
make his fortune.
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He was an impressive young man, a
standout, one of those people that you
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that you kind of immediately know that
this person's going someplace.
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In Los Angeles, Avenatti joins O'Melveny
& Myers, one of the city's most
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prestigious law firms.
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He worked with Daniel Petruccelli there,
a well -known top -notch trial
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attorney. Daniel Petruccelli became
famous.
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trying the civil case against O .J.
Simpson and winning it. O .J. Simpson
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responsible for the murders of his...
Just like his boss, Michael Avenatti is
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not afraid to sue celebrities, including
an early scuffle with the man who'd one
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day become his main adversary.
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He did a case claiming theft of
intellectual property against Donald
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the context of Celebrity Apprentice.
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He did a defamation case against Paris
Hilton that was settled.
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So he had had potentially high -profile
cases before and had some successes.
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Eventually, Avenatti forms his own firm,
Eden Avenatti. He states his claim as
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an aggressive plaintiff's attorney
fighting for the little guy.
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Some of his cases make headlines.
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It's the first lawsuit of its kind
related to the Ebola crisis.
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Representing frontline medical workers
and patients, Avenatti takes on Kimberly
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Clark for allegedly selling defective
hospital gowns and other personal
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protective equipment.
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Well, if you look through the report,
you'll see that 77 % of the gowns that
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were tested failed.
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77 %?
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77%. In 2017, Avenatti wins a stunning
$454 million
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jury award against Kimberly Clark.
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I remember specifically my wife looking
at me and saying, why wasn't that you?
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Why didn't you get that verdict? Because
that's the kind of case I handle.
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Despite his success, Avenatti is still
not a household name in 2017 when fellow
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lawyer Brian Kabatek sees him at an
annual plaintiff's attorney convention
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Las Vegas.
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The hostess of a dinner party there sees
Avenatti and asks Kabatek, who's that
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guy? The next year, same convention,
different story.
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The next year, he's representing Stormy
Daniels. He comes into the room and
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people are swarming him, having their
picture taken with them. It's literally
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like a rock star had walked into the
room, like the second coming of Jesus
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Christ. He was a super celebrity that
day.
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Over the next year, Michael Avenatti
will appear on cable TV news more than
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times.
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He became this ubiquitous presence. You
couldn't escape him. Anytime you turn on
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TV, Michael Avenatti was on.
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He literally just exploded on the scene.
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Kate Brickley is a reporter for the
Daily Beast.
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And so because of that, my editor and I
were becoming a little bit skeptical. I
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mean, there were glowing profiles of him
in the Washington Post and in the New
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York Times that...
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alluded to some of his business
dealings. We wanted to see what was
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on with him behind closed doors.
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Up next, Bricolet follows the trail to
Seattle and asks, why would a high
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-flying lawyer take an interest in a
bankrupt coffee company?
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Michael likes his money, and Michael
knows where his money is.
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Michael Avenatti has a need for speed.
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His ride is a Ferrari Spyder.
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He has even driven in the legendary Le
Mans race.
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On his website, he didn't have a
business suit. He was clothed in a
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Here's this lawyer that wins these multi
-million dollar verdicts. Women find
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him attractive.
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Reporter Kate Brigolet says she's never
seen a lawyer like Michael Avenatti.
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I didn't really know what to make of
him.
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And she has a gut feeling that perhaps
things aren't what they appear to be.
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Take his purchase in 2013 of the
struggling coffee chain Tully's.
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Avenatti teams up with TV star Patrick
Dempsey of Grey's Anatomy fame to buy
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Tully's out of bankruptcy.
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In Seattle, it's a feel -good story.
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Hey, good morning.
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Robert Sapuentes is a former store
manager.
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When we heard that Patrick Dempsey was
descending from the heavens to help us
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out, we heard that he and this lawyer
from L .A.
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were going to swoop in and buy Tully's.
I feel a tremendous responsibility to
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this company and to my employees.
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So we were very optimistic.
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But seven months later... We start with
breaking news. Actor Patrick Dempsey has
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pulled out of the ownership group at
Tully's Coffee. Dempsey says Avenatti
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didn't live up to his promise of having
enough cash to run Tully's and instead
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secretly saddled the company with high
-interest debt.
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The two partners eventually settled
their disagreement with terms
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Dempsey declined to speak with American
Greed.
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It was very abrupt that Patrick Dempsey
left.
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right out of the gate, had us raising
eyebrows about Michael Avenatti. He flat
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out did not know what he was doing.
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David Nold is a lawyer who represents
one of Tully's landlords, Kemper
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Development.
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After a bitter dispute involving unpaid
rent and contractors' liens, Nold's
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client eventually wins several judgments
against Tully's holding companies,
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totaling $1 .1 million.
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Collecting on those judgments against
Avenatti's companies proves to be
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difficult, Nold says.
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And he soon finds himself in a cat -and
-mouse game of where's Michael's money?
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We would send people down to buy a cup
of coffee and write a check for $3 .52,
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because that's what a tall vanilla latte
at Tully's costs, and they would write
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a check. Why?
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I wanted to see where that check was
going to be deposited, because then we'd
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on bank at night, and the very next
day...
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We'd have somebody garnish that bank
account.
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Down at the store level, Cifuentes
notices a sudden change in Tully's
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We were abruptly instructed to stop
taking daily cash deposits to our normal
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.S. bank accounts and instead take them
to a different bank, the Bank of
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America. That added to the speculation.
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He was having us take cash to other bank
accounts to avoid garnishment.
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The government agrees.
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Federal indictments accuse Avenatti of
owing the IRS $5 .2 million.
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Prosecutors allege Avenatti is skimming
state and federal tax withholdings taken
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from every employee's paycheck.
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That employer has an obligation to
immediately turn that over to the
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There's no gray area. You have to turn
it over.
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In a criminal indictment, prosecutors
say Avenatti has multiple bank accounts,
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and he tweaks the names of the shell
companies that own Tully's and changes
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EINs, the employer identification
numbers.
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These tricks, the feds say, make his
money harder to track, allowing Avenatti
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stay one step ahead of the tax man.
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Michael likes his money, and Michael
knows where his money is.
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And where's his money going?
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According to federal indictments, of the
$5 .2 million that should have gone to
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the government, $2 .5 million went to
his law firm.
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$200 ,000 went to pay rent at Avenatti's
Newport Beach home.
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And every time we saw a race car, we'd
see Tully branded all over this race
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So we knew that a lot of the money was
supporting his racing.
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Meanwhile, Tully's isn't paying its
bills, and vendors stop supplying coffee
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beans.
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We served coffee for as long as we
could.
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We served every last bean, and then once
we were done, then we didn't know what
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else to do other than close the store
because no one could get a hold of
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Avenatti. So we were just like, okay, I
guess we'll go home now.
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It's around this time in March 2018 that
Avenatti hitches his wagon to a porn
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star named Stormy.
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And once that story broke, nationally, I
mean, Avenatti all but
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disappeared from the company. He just
ghosted everybody.
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And he just let the stores shutter and
let hundreds of people lose their jobs.
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As the stores close, Sepuentes sends
internal e -mails from Tully's to a
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reporter at the Seattle Times.
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They result in this expose.
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Sepuentes is fired from Tully's for
publicizing internal documents.
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Avenatti ultimately declined American
Greed's request for an interview, but in
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-mails to us, he called the government's
allegations baseless and ridiculous.
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He also says that Cifuentes knows
nothing about me or the facts.
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American Greed might as well have
interviewed the Easter Bunny and Santa
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Avenatti also says that Cifuentes was
fired for theft.
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He told people that I was fired for
stealing money, which is easily
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American Greed asked Avenatti to provide
evidence to back up his claim, but he
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did not do so.
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So Fuentes denies the allegation and
shared with American Greed documents
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relating to his termination.
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There is mention of the leaked emails,
but nothing relating to theft.
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The dude projected so hard.
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It's like if he projected any harder, he
could open a movie theater, like
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accusing other people of being thieves
and frauds, that kind of stuff. It's
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like, dude, no, no, no, no, no.
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It's you. That's the problem.
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Up next, Michael Avenatti is taking the
media world by storm. But what is he up
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to when the cameras stop rolling?
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I believe Mr. Avenatti's conduct on a 1
to 10 scale for despicability ranks 1
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,000.
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00:16:33,370 --> 00:16:38,810
Michael Labanati's career rockets into
the stratosphere in 2018 when he takes
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the case of Stephanie Clifford, better
known as Stormy Daniels.
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My attorney and I are committed to
making sure that everyone finds out the
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truth. Stormy Daniels had alleged that
she had an affair with Donald Trump.
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Trump denies the affair. But through his
personal attorney, Michael Cohen.
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Trump strikes a non -disclosure
agreement with Daniels for $130 ,000.
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But she wanted to go to the press in
2018. Things had changed.
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Donald Trump and whether or not he had
done wrong things were very much in the
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news. But she was limited by this hush
money agreement.
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Acting on Daniels' behalf, Avenatti
attacks the legitimacy of the non
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-disclosure agreement because, among
other things, it was unsigned by Trump,
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allegedly used the alias.
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David Dennison. Because evidently the
president did not sign the agreement
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because he wanted to be in a position
where he would have deniability.
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White, who co -hosts the podcast All the
President's Lawyers, says Avenatti is a
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virtuoso at working the media.
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Joining us now is Michael Avenatti, the
lawyer representing Stormy Daniel.
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This is about the extent that Mr. Cohen
and the president have gone.
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to intimidate this woman, to silence
her. So the benefit of his approach was
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that it really no longer mattered what
ultimately happened in the case.
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Everything she could possibly want to
say about the relationship, about the
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00:18:10,360 --> 00:18:15,520
president of the United States'
willingness to pay $130 ,000 in hush
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00:18:15,520 --> 00:18:17,520
an adult actress, all that was out.
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00:18:17,800 --> 00:18:19,900
Were you physically attracted to him?
No.
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00:18:20,360 --> 00:18:21,400
Not at all? No.
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00:18:21,740 --> 00:18:23,380
Did you want to have sex with him?
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00:18:23,800 --> 00:18:27,830
No. But I didn't I didn't say no. I'm
not a victim. I'm not.
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00:18:28,250 --> 00:18:30,130
It was entirely consensual. Oh, yes.
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So you could not force the horse back
into the barn. The guy doesn't even know
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00:18:35,410 --> 00:18:40,130
the law. He's a thug. Your friend is a
thug. Thank you. That's a million
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00:18:40,130 --> 00:18:44,730
dollars. In a lot of respects, he was
the perfect foil for Donald Trump
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00:18:44,730 --> 00:18:46,010
he was a lot like him.
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He would say pithy comments.
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It makes the Nixon tapes look like a
church picnic.
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He got right in the middle of it. We
were never going to participate in any
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cover -up. He was a fighter. Yes, it was
an absolute disaster for the president.
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So he became this overnight sensation, a
liberal folk hero. I mean, people
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really loved Michael Avenatti for taking
on the president.
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Tonight, I want to speak with you about
the fight for the soul of our republic.
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Pete Avenatti comes in August 2018 when
he barnstorms Iowa, and in a high
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00:19:26,660 --> 00:19:31,120
-profile speech, flirts with the idea of
replacing his archenemy.
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When they go low, I say, we hit harder.
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Do you plan to run for president?
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We're going to see how people in New
Hampshire respond, and then ultimately
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00:19:43,380 --> 00:19:44,380
going to make a decision.
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00:19:44,460 --> 00:19:48,920
Though Avenatti seems to be flying high,
one person who worked for his company
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says his wings are made of wax.
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It's like, how could you possibly expect
to be taken seriously as a presidential
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candidate?
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This dude couldn't even run a small
coffee chain in a city that loves
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00:20:05,920 --> 00:20:06,920
coffee.
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00:20:07,470 --> 00:20:11,330
Avenatti's lawyers in a two -page
summary of coverage of his presidential
280
00:20:11,330 --> 00:20:17,970
ambitions, comparing his visit to Iowa
with Barack Obama's in 2006, and quoting
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00:20:17,970 --> 00:20:22,090
a supporter saying, I haven't been this
excited since JFK.
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00:20:23,110 --> 00:20:28,070
Despite the public chest -thumping,
privately, Avenatti's finances are a
283
00:20:28,290 --> 00:20:30,290
according to his longtime office
manager.
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00:20:30,670 --> 00:20:34,610
She will later testify that his firm is
hemorrhaging money.
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00:20:35,510 --> 00:20:38,630
Unfortunately, what a lot of people do
is they get out in front of their skis a
286
00:20:38,630 --> 00:20:42,210
lot. They have a good month or a good
year, and they make an awful lot of
287
00:20:42,250 --> 00:20:44,810
and suddenly they have an Italian sports
car in their garage.
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00:20:46,050 --> 00:20:47,150
Avenatti needs cash.
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00:20:48,430 --> 00:20:53,530
And federal indictments accuse him of
stealing it from clients, including
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00:20:53,530 --> 00:20:56,810
$300 ,000 from Stormy Daniels.
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00:20:58,350 --> 00:21:02,350
The Southern District is alleging that
Michael Avenatti helped Stormy Daniels
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00:21:02,350 --> 00:21:07,350
negotiate a book deal. And then when the
payments came due for that book deal,
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00:21:07,470 --> 00:21:11,770
instead of giving them to Stormy
Daniels, Michael Avenatti took them, put
294
00:21:11,770 --> 00:21:17,430
into his client trust account and paid
himself, all the while lulling Stormy
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00:21:17,590 --> 00:21:22,290
thinking the money's on its way, the
money's on its way, when allegedly it
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00:21:22,290 --> 00:21:24,010
already been paid and spent.
297
00:21:24,700 --> 00:21:29,720
And it's not just his most famous client
that Avenatti is accused of fleecing.
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00:21:30,260 --> 00:21:33,360
Indictments say he victimizes the most
helpless two.
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00:21:34,000 --> 00:21:39,860
In 2012, a man named Jeffrey Johnson is
locked up in L .A. County Jail for a
300
00:21:39,860 --> 00:21:41,380
crime he didn't commit.
301
00:21:41,720 --> 00:21:45,380
During that period of time, he was
depressed and attempted suicide on two
302
00:21:45,380 --> 00:21:50,640
occasions. In both suicide attempts,
Johnson jumps off a balcony to the
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00:21:50,640 --> 00:21:51,640
floor below.
304
00:21:52,060 --> 00:21:57,140
The first time, he avoids major injury,
but the second time, he breaks his back
305
00:21:57,140 --> 00:21:58,980
and severs his spinal cord.
306
00:21:59,660 --> 00:22:02,920
So he's paralyzed from the waist down.
He'll be in a wheelchair for the rest of
307
00:22:02,920 --> 00:22:03,639
his life.
308
00:22:03,640 --> 00:22:06,720
During the period of time he's in jail,
he's abused by the deputies.
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00:22:07,080 --> 00:22:10,760
So he has had a very, very difficult
life, and we're doing our very best
310
00:22:10,760 --> 00:22:11,759
now to help him.
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00:22:11,760 --> 00:22:14,960
Like Mr. Callahan told you, my name is
Jeffrey Johnson.
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00:22:15,580 --> 00:22:18,720
Dan Callahan is the lawyer who now
represents Johnson.
313
00:22:19,320 --> 00:22:22,880
But back in 2012, Johnson had hired
Michael Avenatti.
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00:22:23,280 --> 00:22:28,040
Avenatti sues L .A. County for
negligence in allowing Johnson to
315
00:22:28,040 --> 00:22:29,620
in full view of the guards.
316
00:22:30,300 --> 00:22:34,620
Well, actually, he did a fine job. He
recovered his settlement, and that's
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00:22:34,620 --> 00:22:35,620
things broke down.
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00:22:35,680 --> 00:22:40,940
This is a copy of the check that the
county of Los Angeles issued in the
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00:22:40,940 --> 00:22:41,940
of $4 million.
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00:22:43,740 --> 00:22:47,580
After getting a settlement in January of
2015,
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He told the client several lies.
322
00:22:51,050 --> 00:22:55,350
He told the client that the money would
come in over 10 years and be paid
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00:22:55,350 --> 00:22:56,750
quarterly. That was a lie.
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00:22:56,990 --> 00:22:59,090
Ms. Robinotti had the payment within
five days.
325
00:22:59,310 --> 00:23:01,950
He told Mr. Johnson the settlement would
be confidential.
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00:23:02,370 --> 00:23:03,370
He couldn't tell anybody.
327
00:23:03,750 --> 00:23:04,750
That was a lie.
328
00:23:05,110 --> 00:23:09,430
In fact, the $4 million settlement was
approved by the L .A. Board of
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00:23:09,430 --> 00:23:11,830
Supervisors and posted on its website.
330
00:23:12,990 --> 00:23:14,210
So what happened?
331
00:23:14,800 --> 00:23:20,480
was he withheld the money from Mr.
Johnson for a period of four years,
332
00:23:20,480 --> 00:23:24,840
leading him on, saying it's coming, it's
coming. But meanwhile, he made periodic
333
00:23:24,840 --> 00:23:30,660
payments to Mr. Johnson between $900 and
$1 ,900, basically monthly, for a total
334
00:23:30,660 --> 00:23:31,960
of $124 ,000.
335
00:23:32,800 --> 00:23:36,940
And Mr. Johnson knew no better. He
believed and trusted Mr. Avenatti.
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00:23:37,280 --> 00:23:41,240
While presenting himself as a champion
of the downtrodden...
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00:23:41,980 --> 00:23:48,860
With our country under an unprecedented
assault by a con man who fights only for
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00:23:48,860 --> 00:23:53,580
himself. Avenatti was allegedly doing
the very thing he railed against.
339
00:23:53,980 --> 00:23:56,580
And degrades the vulnerable and the
powerless.
340
00:23:56,900 --> 00:24:00,960
Avenatti has been charged with 10 counts
of wire fraud in the case of Jeffrey
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00:24:00,960 --> 00:24:02,960
Johnson and three other clients.
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00:24:03,280 --> 00:24:05,800
He has pleaded not guilty and awaits
trial.
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00:24:06,760 --> 00:24:10,720
Avenatti's lawyer says in part the
government's allegations are
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00:24:10,720 --> 00:24:15,120
false. The government fails to account
for all of the monies that were spent
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00:24:15,120 --> 00:24:17,580
years by Mr. Abinadi, supporting Mr.
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00:24:17,780 --> 00:24:19,420
Johnson's most basic needs.
347
00:24:19,760 --> 00:24:24,640
They also fail to account for the
enormous out -of -pocket costs of
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00:24:24,640 --> 00:24:25,640
case.
349
00:24:26,560 --> 00:24:31,640
Stormy Daniels declined an on -camera
interview citing the upcoming trial, at
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00:24:31,640 --> 00:24:32,960
which she will be a witness.
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00:24:33,480 --> 00:24:37,440
She wrote us that she is fully
cooperative with federal prosecutors.
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00:24:38,900 --> 00:24:43,060
Avenatti's attorney says, in part, that
Avenatti's agreement with Stormy Daniels
353
00:24:43,060 --> 00:24:47,700
specifically states that he is to
receive a portion of any book deal.
354
00:24:48,140 --> 00:24:49,940
This is only fair, he writes.
355
00:24:50,180 --> 00:24:51,400
A deal is a deal.
356
00:24:52,220 --> 00:24:57,300
He adds, we are anxious for Ms. Daniels'
credibility to be tested at trial.
357
00:24:58,700 --> 00:25:02,980
In the fall of 2018, these allegations
are not yet public.
358
00:25:03,200 --> 00:25:06,940
But privately, the walls are closing in
on Michael Avenatti.
359
00:25:08,110 --> 00:25:10,530
In December, he drops out of the race
for president.
360
00:25:11,910 --> 00:25:17,190
His law firm is evicted from lavish
offices in Newport Beach for failure to
361
00:25:17,190 --> 00:25:20,150
rent. He vacates the Waterfront Mansion.
362
00:25:21,130 --> 00:25:24,810
And then there's the divorce from his
second wife, Lisa Story.
363
00:25:25,710 --> 00:25:31,810
A judge orders Avenatti to pay $1 .9
million in spousal and child support.
364
00:25:33,990 --> 00:25:36,470
Michael Avenatti is in dire straits.
365
00:25:36,940 --> 00:25:38,880
Prosecutors will later argue at trial.
366
00:25:39,240 --> 00:25:40,980
But he sees a way out.
367
00:25:42,340 --> 00:25:48,600
Up next, Avenatti is caught on tape with
an outrageous plan to hit Nike where it
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00:25:48,600 --> 00:25:49,600
hurts.
369
00:26:08,240 --> 00:26:13,940
In Los Angeles, California Supreme is a
youth basketball program run by Gary
370
00:26:13,940 --> 00:26:18,040
Franklin, seen here with Shaquille O
'Neal and his son, Sharif.
371
00:26:19,020 --> 00:26:23,400
Coach Franklin has an impressive track
record. Dozens of his players have gone
372
00:26:23,400 --> 00:26:25,800
on to play in college and even the NBA.
373
00:26:26,300 --> 00:26:32,780
The pros include DeAndre Ayton, the
number one draft pick in 2018. As Gary
374
00:26:32,780 --> 00:26:37,690
Franklin tells an independent
documentary filmmaker, He built Cal
375
00:26:37,690 --> 00:26:40,910
financial help from a corporate sponsor,
Nike.
376
00:26:41,610 --> 00:26:47,370
They liked what we were doing, and they
actually got involved with us in terms
377
00:26:47,370 --> 00:26:48,370
of sponsorship.
378
00:26:48,590 --> 00:26:52,110
So I thought that that was huge, kind of
took us over the top.
379
00:26:53,430 --> 00:26:55,150
But Franklin has a problem.
380
00:26:55,890 --> 00:27:00,990
As he will later testify in court, Nike
executives direct him to give payments,
381
00:27:01,230 --> 00:27:04,870
sometimes in envelopes stuffed with $10
,000 in cash.
382
00:27:05,450 --> 00:27:07,450
to the families of his top players.
383
00:27:09,230 --> 00:27:15,930
The idea is for Nike to buy loyalty and
to hitch its wagon to a rising star in
384
00:27:15,930 --> 00:27:20,910
the hope that if one of the players goes
pro, he might sign a sponsorship deal.
385
00:27:21,790 --> 00:27:24,530
Gary felt uneasy about this from the get
-go.
386
00:27:24,730 --> 00:27:28,830
With help from his friend Jeffrey
Auerbach, an entertainment consultant in
387
00:27:28,830 --> 00:27:32,910
Beverly Hills, Franklin decides he wants
to blow the whistle.
388
00:27:34,320 --> 00:27:38,540
We spent time pulling together all the
evidence.
389
00:27:39,180 --> 00:27:44,900
Bank statements, the texts, the emails,
wire payments, everything.
390
00:27:45,840 --> 00:27:51,160
But just as we were about ready to
figure this out, the Adidas case came
391
00:27:53,200 --> 00:27:59,100
Today, we announce charges of fraud and
corruption in the world of college
392
00:27:59,100 --> 00:28:04,840
basketball. In September 2017,
executives at Nike's rival Adidas are
393
00:28:04,840 --> 00:28:06,520
for fraud and bribery.
394
00:28:08,380 --> 00:28:13,820
Managers, advisors, and those affiliated
with the sportswear company work
395
00:28:13,820 --> 00:28:19,360
together to funnel money to families of
some of the country's top high school
396
00:28:19,360 --> 00:28:24,920
recruits. To Franklin and Auerbach, it
looks all too familiar. And then when
397
00:28:24,920 --> 00:28:28,440
those convictions came out, it was clear
we had to move.
398
00:28:29,390 --> 00:28:34,230
Thinking the best defense is a good
offense, Auerbach eventually gets in
399
00:28:34,230 --> 00:28:35,870
with Michael Avenatti.
400
00:28:36,490 --> 00:28:42,390
And of course, I at the time had seen
him on TV and watched him go toe -to
401
00:28:42,390 --> 00:28:48,830
with Donald Trump, and I was very
impressed with his drive and his
402
00:28:49,330 --> 00:28:51,530
So I thought he would be a good choice.
403
00:28:51,830 --> 00:28:56,610
Avenatti calls right back. They set up a
meeting, and Franklin and Auerbach
404
00:28:56,610 --> 00:28:58,230
share the evidence they've assembled.
405
00:28:58,800 --> 00:29:03,540
Franklin tells Avenatti he's just a
small player who felt forced by a
406
00:29:03,540 --> 00:29:05,680
corporation into doing their dirty work.
407
00:29:05,900 --> 00:29:07,180
And he wants three things.
408
00:29:08,020 --> 00:29:12,980
Compensation, the Nike executives to be
fired, and he wants his team back.
409
00:29:14,040 --> 00:29:19,620
And he looked at it and I could tell he
was blown away by all the evidence and
410
00:29:19,620 --> 00:29:20,620
by the case.
411
00:29:20,820 --> 00:29:25,820
And the whole meeting, the first
meeting, was about justice. That's all
412
00:29:26,000 --> 00:29:28,040
He was incredible in that first meeting.
413
00:29:28,720 --> 00:29:30,860
The next week, they meet again.
414
00:29:31,260 --> 00:29:33,200
Hi, it's Michael. Hope you're doing
well, my friend.
415
00:29:33,420 --> 00:29:37,260
Call me if you get a chance. I was
wondering if you and Gary and I could
416
00:29:37,260 --> 00:29:41,820
briefly. Gary and I are excited about
this meeting because we've been waiting
417
00:29:41,820 --> 00:29:43,540
have this strategy session.
418
00:29:43,940 --> 00:29:49,000
According to Auerbach, Avenatti says
he's aiming for a $1 million settlement
419
00:29:49,000 --> 00:29:49,859
Gary Franklin.
420
00:29:49,860 --> 00:29:54,660
A bit less than they expected, Auerbach
says, but in the ballpark.
421
00:29:55,560 --> 00:29:56,960
Michael's a little...
422
00:29:57,990 --> 00:30:03,590
more anxious and he's just wanting to
get right to it. And he just opens up
423
00:30:03,590 --> 00:30:07,170
says, okay, guys, I'm taking a red -eyed
in New York tonight.
424
00:30:07,590 --> 00:30:09,150
I'm leaving in three hours.
425
00:30:10,070 --> 00:30:13,950
Gary and I looked at each other and we
were a little like, wow, really?
426
00:30:14,970 --> 00:30:19,970
Avenatti says he's meeting with Nike's
law firm, Boy Schiller, and he's already
427
00:30:19,970 --> 00:30:21,270
had a phone call with them.
428
00:30:22,310 --> 00:30:25,910
And he said, I told him he got a big
problem.
429
00:30:26,760 --> 00:30:29,420
And you guys need to meet with me
tomorrow in New York.
430
00:30:29,980 --> 00:30:31,740
There is just one red flag.
431
00:30:32,520 --> 00:30:36,340
Avenatti hasn't even drawn up a written
agreement to represent Franklin,
432
00:30:36,500 --> 00:30:39,060
typically called an engagement letter.
433
00:30:40,460 --> 00:30:43,480
Part of me is a little suspect of it.
434
00:30:43,740 --> 00:30:48,040
But part of me is like, wow, he's a get
it done guy.
435
00:30:48,660 --> 00:30:52,060
And how many times we've all had an
attorney that we had to push.
436
00:30:52,600 --> 00:30:56,900
and kind of sometimes complain that
things aren't moving fast enough. Well,
437
00:30:56,900 --> 00:30:58,720
was like a speeding bullet train.
438
00:30:59,280 --> 00:31:03,480
But there was an ulterior plan, which,
of course, I wasn't aware of.
439
00:31:10,180 --> 00:31:16,220
On March 19, 2019, Michael Avenatti
arrives in New York and meets with
440
00:31:16,220 --> 00:31:18,620
at Boy Schiller, the counsel for Nike.
441
00:31:19,400 --> 00:31:23,600
I will cut straight to the chase,
Avenatti says, according to notes taken
442
00:31:23,600 --> 00:31:24,600
of the firm's associates.
443
00:31:25,180 --> 00:31:31,280
I represent a whistleblower who has
information that Nike directed him to
444
00:31:31,280 --> 00:31:34,140
payments to the number one pick in last
year's draft.
445
00:31:34,680 --> 00:31:41,240
Avenatti demands $1 .5 million for his
client and an unspecified amount for
446
00:31:41,240 --> 00:31:46,320
himself to perform an internal
investigation of alleged corruption at
447
00:31:47,040 --> 00:31:48,900
It's not going to be cheap.
448
00:31:49,340 --> 00:31:50,340
he warns.
449
00:31:53,460 --> 00:31:55,540
The next day, Avenatti calls.
450
00:31:55,980 --> 00:31:58,040
Meeting went great. Fantastic.
451
00:31:58,680 --> 00:32:05,620
What he didn't know was Boy Schiller had
called the Department of Justice.
452
00:32:06,060 --> 00:32:10,420
You have to understand that Boy Schiller
has lawyers who can pick up the phone
453
00:32:10,420 --> 00:32:13,520
and talk to the Attorney General or the
Director of the FBI.
454
00:32:13,980 --> 00:32:20,330
The next day, when the parties talk on
the phone, FBI agents are listening and
455
00:32:20,330 --> 00:32:21,330
recording.
456
00:32:21,970 --> 00:32:25,730
I'm not around with this and I'm not
continuing to play games.
457
00:32:26,210 --> 00:32:30,650
It's clear from Michael Avenatti's
demeanor, the way he's talking to these
458
00:32:30,650 --> 00:32:32,570
lawyers, that he thinks he's holding all
the cards.
459
00:32:33,290 --> 00:32:36,870
You guys know enough now to know you've
got a serious problem.
460
00:32:37,370 --> 00:32:42,430
And it's worth more in exposure to me to
just blow the lid on this thing.
461
00:32:42,710 --> 00:32:45,730
A few million dollars doesn't move the
needle for me.
462
00:32:46,990 --> 00:32:51,850
Avenatti's lawyer writes, Settlement
discussions are highly contentious and
463
00:32:51,850 --> 00:32:56,970
involve posturing, outrageous demands,
and tough, foul language at times.
464
00:32:57,470 --> 00:33:03,310
Goliath corporations do not react
favorably to weakness, reciting poetry,
465
00:33:03,310 --> 00:33:05,290
talking about puppies and daisies.
466
00:33:06,850 --> 00:33:09,770
They agree to meet again, two days
later.
467
00:33:10,250 --> 00:33:14,910
This time, the lawyers for Nike have a
hidden camera rigged up by the FBI.
468
00:33:16,810 --> 00:33:21,730
At the table are Michael Avenatti, Mark
Geragos, a well -known defense attorney
469
00:33:21,730 --> 00:33:26,830
consulting with him on this matter, and
Scott Wilson, outside counsel for Nike.
470
00:33:27,830 --> 00:33:32,030
So here's the ask on the internal
investigation.
471
00:33:32,550 --> 00:33:38,950
Now, Avenatti has a specific number, up
to $25 million for himself and Geragos,
472
00:33:39,170 --> 00:33:43,450
seen here once the camera moves to run
the investigation.
473
00:33:46,330 --> 00:33:49,050
$25 million, $1 .5 million.
474
00:33:49,730 --> 00:33:55,570
You can hear the attorney for Nike
making it very clear that, okay, we
475
00:33:55,570 --> 00:33:57,690
have a settlement on the $1 .5 million.
476
00:33:57,890 --> 00:34:00,690
What's your demand again for the $20
-plus million?
477
00:34:01,050 --> 00:34:04,230
I don't think that the settlement of Mr.
478
00:34:05,250 --> 00:34:11,870
Franklin's civil claims for $1 .5
million is something we want here. Is
479
00:34:11,870 --> 00:34:14,570
way to avoid your press conference
without?
480
00:34:15,360 --> 00:34:17,880
Hiring you and Mark to do an attorney
investigation?
481
00:34:18,340 --> 00:34:19,380
I'm not going to answer that.
482
00:34:20,239 --> 00:34:22,600
Okay. It's kind of a strange question.
483
00:34:23,540 --> 00:34:27,120
Can we settle this under, could we do
this all under the civil settlement
484
00:34:27,120 --> 00:34:31,460
agreement? That's what I'm asking.
Wilson says he's struggling to explain
485
00:34:31,460 --> 00:34:35,260
client, Nike, why Avenatti wants two
separate payments.
486
00:34:35,540 --> 00:34:40,000
Why can't they just come to terms with
Coach Franklin and Avenatti can take his
487
00:34:40,000 --> 00:34:41,139
cut from the settlement?
488
00:34:42,110 --> 00:34:47,409
If the money went higher, could we do it
all under the... Why
489
00:34:47,409 --> 00:34:51,790
would we do that?
490
00:34:52,270 --> 00:34:57,790
I don't think that it makes any sense
for Nike to be paying an exorbitant
491
00:34:57,790 --> 00:35:03,070
of money to Mr. Franklin in light of his
role in it all.
492
00:35:03,790 --> 00:35:08,690
It seems to me that they're just sitting
there dunking on him. Their goal...
493
00:35:09,130 --> 00:35:16,070
was to get him to say, whatever you pay
my client, I get extra
494
00:35:16,070 --> 00:35:20,910
money, tens of millions of it. And it
doesn't matter what you pay my client,
495
00:35:20,910 --> 00:35:21,910
have to pay me.
496
00:35:22,070 --> 00:35:23,450
Because that's the crime.
497
00:35:23,810 --> 00:35:29,410
In an email to American Greed,
Avenatti's lawyer writes, Mr. Avenatti
498
00:35:29,410 --> 00:35:33,830
an internal investigation because that
was the only way Nike's rampant
499
00:35:33,830 --> 00:35:37,590
corruption was going to get cleaned up,
which is what Mr. Franklin and Mr.
500
00:35:37,690 --> 00:35:38,690
Auerbach wanted.
501
00:35:39,080 --> 00:35:43,380
Whatever his motive, Avenatti appears to
think he's in the driver's seat.
502
00:35:44,220 --> 00:35:48,880
I don't want to fall to the client at
your hand where you could pay five, six
503
00:35:48,880 --> 00:35:50,440
billion dollars in market capital.
504
00:35:50,780 --> 00:35:52,880
This is going to be a major scandal.
505
00:35:53,240 --> 00:35:59,960
I'm going to bring the power of my
platform to bear to expose what is going
506
00:35:59,960 --> 00:36:01,620
there appropriately.
507
00:36:02,100 --> 00:36:03,800
If we can't reach a selling point.
508
00:36:04,710 --> 00:36:09,730
The lawyers say they need a few days to
get top executives at Nike to authorize
509
00:36:09,730 --> 00:36:11,110
any settlement deal.
510
00:36:11,810 --> 00:36:14,930
Okay. I will come with authority on
Monday.
511
00:36:17,130 --> 00:36:24,090
Okay. Avenatti may think it is big
payday, but authority has a double
512
00:36:24,090 --> 00:36:25,090
here.
513
00:36:25,890 --> 00:36:26,890
Up next.
514
00:36:27,850 --> 00:36:30,510
Avenatti was arrested today in Midtown
Manhattan.
515
00:36:42,990 --> 00:36:49,210
On Monday, March 25th, 2019, Michael
Avenatti strides into the offices of
516
00:36:49,210 --> 00:36:51,310
law firm in Midtown Manhattan.
517
00:36:52,210 --> 00:36:56,590
He was there already with the bravado to
go close this thing, and then he gets a
518
00:36:56,590 --> 00:37:01,930
call from Gary Franklin. Franklin tells
Avenatti that the FBI is at his front
519
00:37:01,930 --> 00:37:02,930
door.
520
00:37:02,970 --> 00:37:06,910
So before going into the meeting, he
knew the jig is up.
521
00:37:07,230 --> 00:37:11,710
When he walks into the law office, the
FBI is waiting for him.
522
00:37:12,430 --> 00:37:15,070
Avenatti was arrested today in Midtown
Manhattan.
523
00:37:15,550 --> 00:37:18,530
And I'm thinking this is a Twilight Zone
episode.
524
00:37:19,610 --> 00:37:24,910
The charges are based on Avenatti's
scheme to extract more than $20 million
525
00:37:24,910 --> 00:37:30,370
payments from a public company. At its
core, this was an old -fashioned
526
00:37:30,370 --> 00:37:35,930
shakedown. As soon as he posts bail,
Avenatti does what comes naturally.
527
00:37:36,330 --> 00:37:37,870
Hold a press conference.
528
00:37:38,670 --> 00:37:42,310
I'm going to make a brief statement, but
I will not be accepting any questions.
529
00:37:43,290 --> 00:37:49,710
First of all, I want to thank the
federal agents for their professionalism
530
00:37:49,710 --> 00:37:51,210
courtesy today.
531
00:37:51,610 --> 00:37:57,910
And it was pretty dramatic to see a guy
like that, as a star, all of a sudden
532
00:37:57,910 --> 00:37:59,370
fall like that.
533
00:38:11,190 --> 00:38:16,930
Nearly a year later, in January 2020,
Avenatti stands trial.
534
00:38:17,250 --> 00:38:21,610
His lawyers argue that Gary Franklin got
exactly who he hired.
535
00:38:22,710 --> 00:38:27,650
This is what you guys wanted. You wanted
somebody that was going to really go
536
00:38:27,650 --> 00:38:28,650
after Nike.
537
00:38:29,400 --> 00:38:34,220
Any claim now that Mr. Franklin and Mr.
Auerbach do not want Mr. Avenatti to be
538
00:38:34,220 --> 00:38:38,100
aggressive with Nike and use his media
platform is ridiculous.
539
00:38:38,500 --> 00:38:42,620
That's like hiring Beyonce to perform in
a party and then later claiming that
540
00:38:42,620 --> 00:38:44,200
you didn't want her to sing and dance.
541
00:38:44,880 --> 00:38:49,560
I mean, it was the craziest thing I've
ever seen. His attorney got up and it
542
00:38:49,560 --> 00:38:54,600
just, you wanted him to go out, you
wanted him to beat up Nike, you wanted
543
00:38:54,600 --> 00:38:57,300
to do that. And I mean, that was their
defense.
544
00:38:58,080 --> 00:39:02,720
The government argues that Avenatti
crossed the line into extortion by
545
00:39:02,720 --> 00:39:08,020
money for himself when, unlike his
client, he had no legitimate claim
546
00:39:08,020 --> 00:39:14,900
Nike. If Michael Avenatti had said,
you're going to pay my client $20
547
00:39:14,900 --> 00:39:21,300
$50 million, then he would have a very
strong defense to extortion. And then he
548
00:39:21,300 --> 00:39:23,240
would have been able to take his cut.
549
00:39:24,560 --> 00:39:31,520
So Michael Avenatti blundered into the
folks saying that pigs get fat, hogs get
550
00:39:31,520 --> 00:39:32,520
slaughtered.
551
00:39:33,320 --> 00:39:36,700
After two days of deliberation, the jury
comes back.
552
00:39:37,540 --> 00:39:39,340
Guilty on all three counts.
553
00:39:39,600 --> 00:39:42,960
Extortion, attempted extortion, and wire
fraud.
554
00:39:44,500 --> 00:39:48,240
After the verdict was read, he looks
pretty crestfallen.
555
00:39:48,780 --> 00:39:53,720
He didn't have that cockiness, the
trademark Michael Avenatti cockiness. He
556
00:39:53,720 --> 00:39:57,780
looked like he was in disbelief that he
had fallen so hard.
557
00:39:58,240 --> 00:40:03,220
For its part, Nike has not denied making
payments to Franklin's player.
558
00:40:03,520 --> 00:40:08,100
The company has not been charged with
wrongdoing and issued a statement that
559
00:40:08,100 --> 00:40:11,100
reads in part, the verdict speaks
volumes.
560
00:40:12,060 --> 00:40:16,500
Mark Garagos declined to speak on camera
and has not been charged with any
561
00:40:16,500 --> 00:40:17,500
wrongdoing.
562
00:40:17,900 --> 00:40:22,460
Garagos told us he never represented
Gary Franklin and was consulted by
563
00:40:22,460 --> 00:40:25,120
only because he had worked with Nike in
the past.
564
00:40:26,080 --> 00:40:30,500
Garagos said the meeting with Nike's
lawyers made him uncomfortable, and he
565
00:40:30,500 --> 00:40:33,420
stayed away from the final meeting at
which Avenatti was arrested.
566
00:40:34,570 --> 00:40:39,510
Michael Avenatti initially agreed to an
on -camera interview, but later placed
567
00:40:39,510 --> 00:40:41,230
conditions on his participation.
568
00:40:41,670 --> 00:40:46,190
He said he would not be interviewed if
Robert Cifuentes and Ken White, who
569
00:40:46,190 --> 00:40:49,230
criticized him on Twitter, were included
in the program.
570
00:40:49,490 --> 00:40:53,470
Eventually, he backed out, citing the
COVID -19 pandemic.
571
00:40:54,010 --> 00:40:59,990
His lawyer wrote, in part, Mr. Avenatti
was targeted by Donald Trump and Trump's
572
00:40:59,990 --> 00:41:01,010
Department of Justice.
573
00:41:01,770 --> 00:41:05,590
Does anyone think that politics didn't
play a huge role in all of this?
574
00:41:06,470 --> 00:41:10,910
Currently on house arrest, Avenatti is
scheduled to be sentenced in the Nike
575
00:41:10,910 --> 00:41:12,490
case in early 2021.
576
00:41:13,250 --> 00:41:16,530
But even then, his trials won't be over.
577
00:41:17,130 --> 00:41:20,950
In the Southern District of New York,
Michael Avenatti faces charges of
578
00:41:20,950 --> 00:41:24,450
embezzling $300 ,000 from Stormy
Daniels.
579
00:41:25,480 --> 00:41:30,000
And in the Central District of
California, he faces 36 criminal counts,
580
00:41:30,300 --> 00:41:34,800
including tax evasion, bank fraud, and
embezzling money from four clients,
581
00:41:34,940 --> 00:41:36,540
including Jeffrey Johnson.
582
00:41:37,240 --> 00:41:42,380
He has pleaded not guilty and is
expected to stand trial in 2021.
583
00:41:44,220 --> 00:41:49,300
People who worked with or wrote about
Michael Avenatti over the years have
584
00:41:49,300 --> 00:41:53,940
emotions. Mike Plant remembers him as a
hard -charging kid.
585
00:41:54,730 --> 00:41:57,210
who would smash through any barrier.
586
00:41:57,610 --> 00:42:03,550
I can't help but feel a certain level of
sadness for a life that was so full
587
00:42:03,550 --> 00:42:07,310
with potential to end up where he's
ended up now.
588
00:42:09,130 --> 00:42:13,750
Perhaps his heart was in the right place
at the beginning. I think he was an
589
00:42:13,750 --> 00:42:17,210
adrenaline junkie. I think he thrived on
winning.
590
00:42:17,530 --> 00:42:19,310
He took it way too far.
591
00:42:19,530 --> 00:42:23,250
I think he definitely flew too close to
the sun.
53870
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