NEW YORK, March 6 (Reuters) - A federal appeals court on
Wednesday upheld the conviction of disgraced celebrity lawyer
Michael Avenatti for defrauding former client Stormy Daniels,
the porn actress who claimed to have had a sexual encounter with
Donald Trump.
In a 3-0 decision, the 2nd U.S. Circuit Court of Appeals in
Manhattan found "overwhelming" evidence of Avenatti's guilt, and
rejected his arguments that the conviction was tainted by
multiple errors made by the trial judge.
A federal public defender representing Avenatti did not
immediately respond to a request for comment. A spokesman for
U.S. Attorney Damian Williams in Manhattan declined to comment.
Avenatti, 53, was sentenced to four years in prison
following his February 2022 conviction for wire fraud and
identity theft.
Prosecutors charged him over an alleged scheme to steal
nearly $300,000 in book contract proceeds from Daniels, whose
real name is Stephanie Clifford, and forging her signature on a
letter to her literary agent.
Daniels was paid $130,000 just before the 2016 presidential
election not to discuss her alleged encounter a decade earlier
with Trump, who won the election.
Trump has denied the encounter took place, and faces a
scheduled March 25 trial in Manhattan on 34 felony charges
related to the hush money payment.
In Avenatti's appeal, his lawyer said the trial judge
improperly instructed jurors that the misappropriation of client
funds was a "particularly serious" violation, and wrongly
"shamed" a holdout juror in open court to change her mind.
But the appeals court called any error in instructing jurors
"harmless in light of the overwhelming evidence introduced,"
including Avenatti's concealing the diversion of Daniels' funds
and then repeatedly lying about where the money went.
The court also said prodding jurors need not be coercive,
and the trial judge assured the holdout she should not feel
pressure to change her mind because she was outnumbered.
Avenatti became a fixture on cable TV and Twitter, now known
as X, in 2018 and early 2019 after he began representing
Daniels, who sued Trump to get out of a nondisclosure agreement
she claimed was void.
He is now serving a total of 19 years in prison, which also
cover his February 2020 conviction for extorting Nike ( NKE ),
and his June 2022 guilty plea to cheating four other clients,
including a paraplegic, out of millions of dollars.
Avenatti is appealing the 14-year sentence imposed following
the guilty plea. Last August, the 2nd Circuit rejected his
appeal of the Nike ( NKE ) conviction. Avenatti is eligible for release
from prison in September 2035.
The case is U.S. v. Avenatti, 2nd U.S. Circuit Court of
Appeals, Nos. 22-1242, 22-2550.