Federal prosecutors want Michael J. Avenatti back behind bars or at living with a new roommate after accusing him of using a computer in violation of his conditions for temporary release from prison.
But Avenatti's attorney, H. Dean Steward, said Avenatti did not violate any conditions that forbid him from using a computer with internet access. He promised to file a "vigorous response" Friday to the government's motion, which was filed last week.
Assistant U.S. Attorney Brett A. Sagel, however, wrote Avenatti "violated his release conditions by using longtime friend Jay Manheimer's computer to draft a status report in which defendant acknowledged that his release conditions precluded him from using that very same computer."
Avenatti and federal prosecutors have been scrapping over the terms of his release since he was let of prison in April due to the health risks posed to inmates by the COVID-19 virus.
He is facing bank fraud, perjury, wire fraud and tax law charges in the Central District of California. U.S. v. Avenatti, 19-00061 (C.D. Cal., filed April 10, 2019).
Avenatti was convicted by a New York federal jury in February of attempting to extort more than $20 million from Nike Inc. and is awaiting sentencing.
In the meantime, he has been staying with Manheimer in Venice, Steward said in a phone interview.
U.S. District Judge James V. Selna will decide whether to order the defendant back behind bars later this month or, as an alternative, find a new third-party custodian for him to live with.
-- Craig Anderson
Craig Anderson
craig_anderson@dailyjournal.com
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