Supreme Court Dismisses Michael Avenatti's Appeal in Stormy Daniels Book Proceeds Case

The Supreme Court has declined to hear an appeal from former attorney Michael Avenatti regarding his conviction for misappropriating nearly $300,000 from book proceeds intended for his ex-client, adult film actress Stephanie Clifford, also known as Stormy Daniels. Avenatti had previously represented Clifford in a lawsuit against former President Donald Trump. Clifford claimed to have had a sexual encounter with Trump in 2006, an allegation that Trump has consistently denied.

Trump's Conviction and Avenatti's Representation

Trump, who was the Republican presidential nominee running against Democratic nominee Vice President Kamala Harris in the November 5th election, was convicted in May on New York state charges related to falsifying business records to hide a payment made to Clifford to prevent her from publicly discussing the alleged affair. Avenatti, currently incarcerated in California, was convicted in June 2022 of wire fraud and aggravated identity theft in a Clifford-related case in a federal district court in New York.

Avenatti's Appeal Rejected

The request in Avenatti v. United States was rejected in a brief order on October 15. No justices objected to the decision. Justice Brett Kavanaugh did not participate in the case, as Avenatti had previously represented a woman who accused Kavanaugh of sexual assault. When Clifford did not receive advances for her memoir, "Full Disclosure," she questioned Avenatti about the delays. He led her to believe that her publisher had failed to distribute the $297,500, according to her claim. Prosecutors alleged that Avenatti intercepted the funds by having an employee forge her signature. A federal jury convicted Avenatti, who was sentenced to a four-year prison term for conduct that the judge in the case described as "brazen and egregious."

Previous Convictions and Appeals

The U.S. Court of Appeals for the Second Circuit upheld the conviction in March of this year. On September 12, Avenatti filed a petition with the Supreme Court. Avenatti contended that the evidence against him was insufficient to sustain a conviction because the Supreme Court's June 2023 ruling in Dubin v. United States limited the scope of the federal Identity Theft Penalty Enhancement Act. According to the petition, Avenatti's secretary "copy-and-pasted" Clifford's signature from another document to authorize a change of bank accounts. The government argued that this act constituted identity theft, a claim Avenatti refuted. On September 20, the United States declined to file a response to the petition. Avenatti was also convicted in 2020 for extorting footwear company Nike and defrauding a client. He was recorded threatening to damage the company's public image and stock price by disclosing information he claimed demonstrated improper payments made to the families of college basketball prospects. Avenatti allegedly threatened to "blow the lid" on Nike at a press conference unless the company paid him up to $25 million to conduct an investigation, along with $1.5 million for his client, a basketball coach. On May 28, the Supreme Court denied Avenatti's petition seeking review of the conviction.

No Comment from Federal Government

The federal government declined to comment on the latest Supreme Court case. "We will decline to comment on the denial of Avenatti's appeal," said Nicholas Biase, chief of public affairs for the U.S. Attorney's Office in New York. Attempts to reach Avenatti's attorney, federal public defender Kendra Hutchinson of New York City, for comment were unsuccessful by the time of publication.

Bottom Line

The Supreme Court's decision to reject Avenatti's appeal in the Stormy Daniels book proceeds case marks another chapter in the ongoing legal saga involving the former attorney. With various convictions under his belt, Avenatti's legal troubles continue to make headlines. What are your thoughts on this development? Feel free to share this article with your friends and discuss. Remember, you can sign up for the Daily Briefing, which is delivered every day at 6 pm.