By Matthew Russell Lee, Patreon Song Radio
BBC - Decrypt - Podcast - Order Affidavit
SDNY COURTHOUSE, Jan 26 – Michael Avenatti's financial affidavit to get a publicly paid lawyer for his Stormy Daniels case, which Inner City Press formally sought to have unsealed for eleven months, were on July 27, 2021 ordered unsealed. Order.
Podcast here. Aug 13 podcast here.
On the weekend before trial there's was a request to delay it, on COVID policy and Constitutional grounds. It was denied.
The trial started on the morning of January 24. Inner City Press live tweet here. It continued in the afternoon, with Stormy Daniels' literary agency Lucas Janklow being cross examined about being introduced to Michael Avenatti at a hotel bar, by Anderson Cooper. Inner City Press live tweeted, thread here; stream here, video here
On January 25, the cross examination of Janklow continues, then an SDNY Special Agent and Avenatti law firm staffer. But in the middle, Federal Defenders said Avenatti may want to fire them and represent himself. Judge Furman said, Not so fast. Inner City Press live tweeted it, thread here
In the afternoon of January 25, Avenatti confirmed he wants to represent himself and Judge Furman granted it. He will cross examine Stormy Daniels, then. Inner City Press live tweeted it, thread here and below.
On the morning of January 26, podcast here, Avenatti cross examined Regnier than an FBI agent. Inner City Press live tweeted, thread here:
it's US v. Avenatti, Day 3.
Judge Furman: Members of the jury, please remember that questions are not evidence. Avenatti: Ms. Regnier, wasn't this payment for a case on which we represented children blocked at the US - Mexico border? Assistant US Attorney: Objection! Judge Furman: Sustained.
Avenatti: OK, the technology issue has been fixed. Let's go back to the previous month's records... Ms. Daniels was having a personal issue with her estranged husband, right? AUSA: Objection! Judge Furman: Sustained.
Avenatti: Let's go back to the bank statements. The deposits for the month were about $161,000, right? And the charges $131,000, right? Regnier: Yes. Avenatti: I want to focus your attention on these wires, August 1 and 3, from Janklow and Nesbit Associates.
Avenatti: Did the government ever ask you to figure it out, about these dates on this page? AUSA: Objection! Judge Furman: Sustained. Avenatti: Did you look at Quickbooks or TABS to try to figure the answer to that before testifying? Regnier: No.
Avenatti: Did the government ever provide you that information, Ms. Regnier? AUSA: Objection. Judge Furman: Sustained. Please move on, Mr. Avenatti. Avenatti: As of September 2018, the firm had been representing Ms. Daniels for six months, right? Regnier: Yes.
Avenatti: The deposits were over $300,000, correct? Regnier: Yes. Avenatti: Your Honor, it's in evidence, I'm going to move the next exhibit, W. $77,000 deposits for January, correct? Regnier: Yes.
Avenatti: Let's move to exhibit Y as in Yankees. Ms. Regnier did you deal with these bank statements and the ending balance of $100,000, at the end of January 2018, right? Regnier: Yes.
Now moving to re-direct examination of Regnier; Judge Furman is trying to help her with her camera as she testified by video. Judge Furman: I don't want this trial to turn into product placement, but I know Zoom better than Teams. Try that tab...
AUSA: Do you remember the honor you were asked about, about the judgment? Avenatti: Objection! Judge Furman: Just ask. Regnier: Yes. AUSA: Did the firm receive money from the judgment? Regnier: No.
AUSA: Here it says "Debtor in possession." What does that mean? Avenatti: Objection! 401! Judge Furman: Overruled. Regnier: The Avenatti law firm was in bankruptcy.
AUSA: No further questions. Avenatti: Brief re-cross? Judge Furman: Very brief. Avenatti: Isn't it true that the involuntary bankruptcy was dismissed? AUSA: Objection. Judge Furman: Overruled. Regnier: I don't remember. But it was not in bankruptcy in 2018.
Avenatti: Nothing further. Judge Furman: Ms. Regnier, I'd say you are dismissed but you are not actually here. Disconnect and have a good day. AUSA: The US calls FBI Agent Jessica Volchko, specialist in "digital forensics."Cross examination:
Avenatti: Did you graduate from Quantico? Volchko: No. Avenatti: How long did your basic imaging course last? Volchko: I think 40 hours. In 2016. Also, Intro to Macintosh.
Avenatti: Did you use Cellebrite on this laptop? Volchko: I believe Cellebrite bought the company that made the software that I used. Avenatti: Did you use FTK? Volchko: No. I used Macquisition.
Avenatti: Look at this. Is it consistent with a WhatApp print-out from those programs? AUSA: Objection. Judge Furman: Sustained. Ms. Volchko, do you recognize the exhibit? Volchko: No. Judge Furman: Take the exhibit down.
Avenatti: May I have a sidebar? Judge Furman: No. Avenatti: I reserve my right to -- Judge Furman: No more questions? We'll take the lunch break. Jurors, don't do any research. [Jury leaves]
Judge Furman: Some questions about TABS & Quickbooks - this prosecution team doesn't have them, and it is a separate prosecution team. If there any application, I'll take it up. AUSA: We subpoenaed the defendant for the TABS data but he hasn't provided any.
AUSA: The defense subpoenaed Mr Janklow last night but he plans to travel. Judge Furman: I'll soon docket his filing. Avenatti: I'll wait for the TABS data issue to ripen before I write on it. I don't have the TABS data. It's not in a usable form to me.
Avenatti: We oppose quashing the subpoena against Mr. Janklow. Judge Furman: We'll take a break.
Judge Furman released his juror questions, asking each side to respond by January 19 at 10 am. The questions include: "Based on anything that you have read, seen, or heard about Mr. Avenatti, have you formed any opinions about Mr. Avenatti that might make it difficult for you to be a fair and impartial juror in this case? 10. Would you have any trouble following my instructions to put anything you may have read, seen, or heard about Mr. Avenatti out of your mind and decide this case based only on the evidence presented at trial? 11. Do you or does any member of your family or a close friend personally know or have past or present dealings with the alleged victim in this case, Ms. Clifford (also known as “Stormy Daniels”), or with any of her family members?...
"Do you know or have you heard of any of the following people or entities, which include the lawyers in this case, people who may testify at the trial, and other names that may be mentioned during the course of the trial? • Pamela Baez • Elizabeth Beier • Thomas Bolus • Clark Brewster • Christine Carlin • Michaela Catando (also known as Kayla Paige) • Dmitri Chitov • Dwayne Crawford • Jennifer Donovan • Anna Finkel • Mark Geragos • Jack Guiragosian • Holtzbrinck Publishers • Luke Janklow • Janklow & Nesbit Associates • Geoffrey Johnson • Global Baristas • Sean Macias • Macmillan Publishers • Susan McClaran • Benjamin Meiselas • Travis Miller • Mareli Miniutti • Erik Nathan • Denver Nicks • Kevin Carr O’Leary • David Padilla • Brandon Parraway • Pro Tech Security and Automation • Judy Regnier • Sally Richardson • Security and Automation LLC • St. Martin’s Press • Enrique Santos • Jessica Volchko • Juliet Vicari • Donald Vilfer 25. Are you familiar with anyone else present in the courtroom, including your fellow jurors, all Court personnel, and myself?"
On October 14 Judge Furman held a proceeding in the Stormy Daniels case and Inner City Press live tweeted it here and podcast here
On August 10 Avenatti's Federal Defenders filed a copy of the affidavit with multiple redactions. The form refers on nearly every question to an attachment, which is blacked out in absurd ways. It reads, for example, "I own stock in two closely held companies that may have value: (a) [REDACTED] located in [REDACTED] and (b) [REDACTED] located in [REDACTED]... I technically still have an interest in a private aircraft (model: HondaJet 420) that was seized by the IRS and is still in their possession. This interest is held through a single-purpose entity named [REDACTED]," and so forth.
Inner City Press published the redacted affidavit on its DocumentCloud here and asked, Will the Court be accepting this?
On August 11, the correct answer was: No. "MEMO ENDORSEMENT as to Michael Avenatti (1) on [139] LETTER MOTION re: [139] LETTER MOTION addressed to Judge Jesse M. Furman from Robert Baum, Tamara Giwa & Andrew Dalack dated August 10, 2021 re: Letter Motion In Response to Court's Order to File Financial Affidavit. ENDORSEMENT: The Court is unpersuaded that privacy interests justify redacting the names and locations of the corporate entities in Paragraphs 14, 15, and 17 of ECF No. 139-1."
After hours on August 12, some redactions were removed: Avenatti's owned a plane through Passport 420 LLC; an unnamed "non-family-member acquaintance" paid a NY-based attorney in the Nike case, whose name is redacted. Unredacted: Avenatti owns stock in Tyrian Systems (aka Seek Thermal) of Santa Barbara, CA and Centurion Holdings I, LLC of St. Louis Missouri."
Not so fast. Inner City Press research in the hours after the removal of the improper redactions found that Centurion Holdings I, LLC is based in Arnold, Missouri - and "received a PPP loan of $60,477 in May, 2020." That's the Paycheck Protection Program; the funds came through the Central Bank of St. Louis.
Bigger, the aka: "Seek Thermal, Inc of 6300 Hollister Ave in Goleta, California received a Coronavirus-related PPP loan from the SBA of $1,365,062.00 in April, 2020." We'll have more on this.
Watch this site.
On August 27, Inner City Press filed a formal request that documents in the case not be sealed, full filing on Patreon here.
On November 12, Inner City Press made a third filing with Judge Furman, on a decision to unseal issued earlier in the day by SDNY Judge J. Paul Oetken after Inner City Press filed to similarly unseal Lev Parnas' co-defendant David Correia's financial infor: "we again ask, why should lower income and less high profile defendants in the SDNY -- and now David Correia -- have their financial information so disclosed while Avenatti's information is sealed in its entirety? The documents at issue should not be sealed and should be made available."
On August 28, 2020 Judge Furman entered an order: "The Court received the attached communication from Matthew Lee of Inner City Press “seeking leave to be heard and for the unsealing of the CJA Form 23, affidavit, and all associated documents” relating to this litigation. To the extent that Mr. Lee (who is admitted to the bar of the Southern District of New York) seeks leave to be heard, his application is GRANTED. The Court reserves judgment on the question of whether Defendant’s CJA Form 23 and related documents should be unsealed. SO ORDERED. Dated: August 28, 2020 New York, New York JESSE M. FURMAN." Docket No. 85, on Inner City Press' DocumentCloud, here.
On July 27, 2021, Judge Furman four times citing Inner City Press ordered Avenatti's affidavits unsealed: "Avenatti filed a letter brief arguing that the Initial Financial Affidavit should remain under seal. ECF No. 80 (“Def.’s Mem.”). Thereafter, the Court received submissions from Inner City Press, a media outlet that intervened to seek disclosure of the Financial Affidavits, ECF Nos. 85, 90, 99... The Defendant initially argued that the Government lacked standing “to assert any right on behalf of the public to access Mr. Avenatti’s sworn financial statements.” Def.’s Mem. 7 n.1 (citing United States v. Hickey, 185 F.3d 1064 (9th Cir. 1999)). Subsequently, however, the Court granted leave to Inner City Press to be heard on the Defendant’s motion, ECF No. 85, which indisputably does have standing to assert such rights." Full order here, filings due August 10. Watch this site.
This case is US v. Avenatti, 19-cr-374 (Furman).***
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