Michael Avenatti, the outspoken attorney who sought to take down Trump, is preparing for an upcoming hearing on September 2nd following his tentative victory after a California judge ruled a mistrial in his embezzlement case.
California U.S. District Judge James V. Selna issued the mistrial ruling on the technical grounds that the federal prosecutors in Avenatti’s case failed to turn over certain financial documents that pertained to his case.
Avenatti, who is representing himself in the case along with assistance from his advisory counsel, argued that the withheld financial information which included tax preparation and accounting data was exculpatory evidence that would clear his name. Avenatti and his team asked the judge via a motion filed on August 15 to either dismiss the charges or grant him a new trial. Following the mistrial, a tentative new trial date has been set for October 12.
Avenatti’s short-lived 15 minutes of fame catapulted him into the national spotlight after he represented pornstar Stormy Daniels. The pair challenged Trump for paying hush money to the adult film actress during his bid for the presidency. During the pair’s public criticism of Trump on major news networks, Avenatti repeatedly accused the former president of financial wrongdoings, including Trump’s failure to pay his fair share of taxes. On several occasions, Avenatti even pushed for the president to release his tax documents for the public to view.
Avenatti now finds himself in the center of that same narrative as federal prosecutors allege Avenatti failed to pay his taxes. His embezzlement case is laced with 35 charges which include fraud, embezzlement, perjury, and tax evasion. Federal prosecutors alleged that the disgraced lawyer stole over $9 million from his clients, some of whom were disabled, in order to fund his lavish lifestyle and failed businesses, including his coffee shop business and race team.
Prosecutors on the case point to numerous fraudulent dealings, including a $4 million settlement that he secured for a client. That settlement was then used to pay for Avenatti’s lavish lifestyle which included the purchase of a private jet which has now been seized by the federal government.
Prosecutors also highlight another instance in which Avenatti took over $2.3 million in tax payments made by the employees of his coffee shop business. Instead of paying his taxes, prosecutors allege Avenatti used the money to pay off his personal debts instead. Federal prosecutors allege that Avenatti evaded paying taxes for years in order to prop up his celebrity lifestyle.
Avennatti shared of the mistrial with the New York Times in a phone interview, “I think today is, obviously, a good day for me personally, but it is also a good day for every individual in this country who is charged with a crime and faces the power and resources of the government.” He adds, “Every American citizen deserves basic fundamental due process.”
The pending trial is one of three federal criminal charges that the disgraced lawyer is facing. On July 8, Avenatti wrapped up a fourth case following a sentence of 2 and ½ years in prison for an extortion conviction in New York. In another criminal case in New York, Avenatti will stand to answer for allegations that he cheated his former client, Daniels, out of hundreds of thousand dollars after representing her in the 2018 lawsuit against Trump.
