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.
The 3-0 decision was issued by the 2nd U.S. Circuit
Court of Appeals in Manhattan.
Avenatti was sentenced to four years in prison following his
February 2022 conviction for wire fraud and identity theft.
Prosecutors charged Avenatti 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 now faces
criminal charges related to the payment.
In the appeal, Avenatti's lawyer said the trial judge
improperly instructed jurors by calling the misappropriation of
client funds a "particularly serious" violation, and making it
seem that Avenatti's ethics violations justified a fraud
conviction.
The lawyer also said the judge wrongly prodded a holdout
juror in open court to change her mind, in what amounted to a
"public shaming."
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.
The four-year-sentence partially overlapped Avenatti's
2-1/2-year sentence from his February 2020 conviction for
extorting Nike ( NKE ), for a combined prison term of five
years.
Avenatti has been serving a total of 19 years in prison,
including 14 years after he pleaded guilty in June 2022 to
cheating four other clients, including a paraplegic, out of
millions of dollars.
He is appealing that sentence. Last August, the 2nd Circuit
rejected his appeal of the Nike ( NKE ) conviction.
The case is U.S. v. Avenatti, 2nd U.S. Circuit Court of
Appeals, Nos. 22-1242, 22-2550.