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Stormy Daniels Trial Avenatti Grills
Macias Who Got Him Garagos Loan, Proffer
Deal Quiz
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.
On the
afternoon of January 26
Avenatti cross examined Sean
Macias who hooked him up with
Garagos, before those two
double teamed Nike. Inner City
Press live tweeted it, thread
here:
OK - they're back from lunch. Next
witness is Jeremy Rosenman of the US
Attorney's Office. He prepared a visual
financial summary for the case with bank
records. AUSA: We offer Exhibits 104, 105 and
106.
Avenatti: Objection - hearsay. No foundation.
Judge Furman: Admitted subject to connection.
AUSA: Mr. Rosenman, what is this? Rosenman: A
payment to Janklow & Nesbit for $250,000.
AUSA: And this wire?
Rosenman: From Garagos and Garagos, for
$250,000, in September 2018. AUSA: GX 301..
Could this account have made this transaction
without receiving the wire? Avenatti:
Objection! Calls for speculation! Judge
Furman: Overruled.
AUSA: What is this? Rosenman: A bank
signature card. This is Passport 420 LLC. The
signers are Avenatti and Regnier. This is a
deposit of $3000. AUSA: GX 702, Page 3. How
much other money was deposited? Rosenman: Only
$50. AUSA: And what's this? Rosenman: And an
insufficient funds charge. Another one.
Cross examination: Avenatti: Have you
ever heard the phrase, A trial is a fight for
credibility? AUSA: Objection. Judge Furman:
Sustained. Avenatti: Which portion of these
summaries did you prepare, and which by your
colleague? Rosenman: They were prepared for
me.
Avenatti: And the AUSAs made suggestions
to change them? Rosenman: Format-wise. Not
content. Avenatti: On this account, what about
the barber shop charge? Judge Furman: Mr.
Avenatti, you need to wrap this up.
Re-direct: AUSA: Look at the first row
of GX 702. Do you remember being asked about
the $50, and starting to answer? Rosenman:
Yes, it was for a different time period. AUSA:
No further questions. Next witness is NOT
Stormy Daniels, it is Sean Ernesto Macias.
AUSA: Mr. Macias, what is your job? Macias:
I'm a lawyer in Indiana, California and DC,
for 22 years. AUSA: Do you know Michael
Avenatti? Macias: Can he lower his mask? Judge
Furman: Let's have 3 lower masks.
Macias: He's the handsome one with the
shaved head. Not Mr. Dalack. AUSA: When did
you meet him? Avenatti: Objection, 401. Judge
Furman: Overruled. Macias: He was outside the
courtroom. I recognized him. I said, What's up
Soda Pop. And he said, Not much Pony Boy.
AUSA: Did you socialize with him in 2018?
Macias: In 2018 I did. AUSA: Did you get a
document to come here? Avenatti: Objection,
leading! Judge Furman: Overruled. Macias: I
received a subpoena from the US.
AUSA: Do you know Stormy Daniels? Macias: She
reached out to me with a legal problem in
February 2018. She asked me about a release
she signed about a sexual relationship with
President Trump. Avenatti: Overruled! Judge
Furman: Overruled.
Judge Furman: And the cell phone that's
vibrating, it better be off or it's going to
be in my possession. AUSA: What did Ms.
Daniels tell you about paying? Macias: She
said she had no funds. I did not take the
case.
AUSA: Did Mr. Avenatti get involved?
Macias: I told him I got Stormy Daniels
blowing up by phone. He said, I'm interested.
We went to Stormy's manager's house.
Avenatti: Hearsay! Privilege! Judge Furman:
Overruled.
Macias: Keith Davidson was involved, an OK
lawyer, a nice guy. My thought was to call
Michael Cohen to get a few bucks to expand the
release. But Mr Avenatti wanted to go on 60
Minutes, blow it up. AUSA: Did you stay
involved? Macias: I went to a meeting with CNN
Macias: Mr. Avenatti said he was going to
charge one dollar. Then I found out there was
a GoFundMe page. I heard it was for her
security, which shocked me.
AUSA: Did Mr. Avenatti thank you? Macias: He
gave me a Cartier watch.
Macias: We went to a consumers lawyers'
convention and we went to a blow out
party. AUSA: How did Mr. Avenatti seem?
Macias: More agitated than usual. And he
seemed needy. He was in a melancholy...
Judge Furman: Where were you and what
did you see? Macias: I was laughing and he
came over. He said Stormy was mad about not
getting paid for the book. He asked me to
represent her. I was taken aback. Judge
Furman: Let's take a break.
Macias: May I turn this off? [The filter
above the box he's in] Judge Furman: No,
that's what allows you to have your mask off.
AUSA: What did Avenatti tell you? Macias: That
Stormy was going to blow up the book deal.
AUSA: What did Mr. Avenatti say about
why Ms. Daniels wasn't getting paid? Avenatti:
Objection! Work product! Judge Furman:
Overruled. Macias: He never explained. He
wanted me to represent Stormy and sue the
publisher.
Macias: Next thing I know, he came into
my conference room and waited 20 minutes. He
said he was jammed up and needed help. He said
he was being evicted from his office space and
needed money for payroll. I asked, why now,
you're doing so much press.
AUSA: What did he ask for? Macias: A $250,000
bridge loan. I said, How is this, he's the
number one lawyer, on TV all the time. I said,
Seriously? AUSA: What did you do? Macias: I
said No, with the F word.
Macias: I told him I knew some people
who could lend to him but he shouldn't. Then I
suggested a guy who owns bars in LA.
AUSA: Look at this exhibit, GX 604. Macias:
It's a promissory note behind an email. We
went to Jack's house and they negotiated
Avenatti: Objection! Hearsay! Judge
Furman: Overruled. Macias: Michael said
his landlord as Republican and was trying to
throw him out, he was fighting the fight, he
had money coming in in October. Jack said it
sounded good. Michael said, I need it be
tomorrow.
Macias: Mr. Avenatti said the Irvine
Company was trying to throw him out. The next
morning he was blowing up my phone from super
early. It was a beautiful September morning. I
said, I'll go to the office and make some
phone calls.
Macias: Then I told Mr. Avenatti, Jack
said no. Mr. Avenatti was very
upset. Judge Furman: What did he say?
You seem uncomfortable. Macias: He was hot. I
feel bad for him. Judge Furman: Just answer
the question. Macias: I'm going through my own
process here.
Macias: Mr. Avenatti asked me to call Mark
Gargagos and ask for a loan. I didn't want to
do it. I said, You're killing me. AUSA: What
did you say to Mr. Garagos? Avenatti: Hearsay!
Judge Furman: Overruled.
Macias: I told him Avenatti needs 250 to
300. He laughed and asked, What's going on?
Gargagos said, For El Presidente, why not?
AUSA: Then what? Macias: I called Avenatti and
told him, Garagos is a go, I did it again for
you kid.
AUSA: Do you know how Mr. Avenatti used
the $250,000? Macias: I do not. AUSA: No
further questions. Judge Furman: Cross
examination.
Avenatti: Have you consumed alcohol or drugs?
Macias: Glass of champagne yesterday.
Avenatti: Cocaine? Marijuana? When you've met
with the government, you always had a criminal
defense lawyer with you, right?
AUSA: Objection. Judge Furman: Everyone has
the right to a lawyer. Avenatti: You asked for
a proffer agrement, right? Macias: Absolutely.
Avenatti: So they couldn't use it again you?
Macias: Absolutely. It's Criminal Law 101.
Avenatti: Move to strike after "absolutely" -
you could have met with the government without
a proffer, right? Macias: Every smart
witness would.
Avenatti: You represented people in connection
with criminal cases, right? Macias: Not
defense at trial. But yes. Avenatti: You
demanded a proffer agreement. Macias: I did,
because I had no idea what you were doing.
Avenatti: You were concerned you could
be charged, right? Macias: No, then I would
have asked for an immunity deal. Avenatti:
Move to strike the balance. Judge Furman:
Granted.
Avenatti: Isn't it true that when we met with
Jack he expressed an interest in investing in
a website to market my legal services? Macias:
No. Avenatti: Didn't he express an interest in
a web business involving me? Macias: I was
outside getting a beer.
Avenatti: You were enthusiastic I would
run for higher office, right? Macias: Yes, I
told you I wanted to be Ambassador to France,
it would be awesome.
Avenatti: In late August 2018 you texted
me you would raise money for me "so I could
run like a banshee." Macias: Show me the text.
Avenatti: Can I? Judge Furman: No.
Avenatti: Isn't it true when you tried to
raise money for me, it was for my campaign?
Macias: Absolutely not. Judge Furman: We're
going to leave it there for the day. Jurors,
do not read any news.
Avenatti: I'd like to renew my -- Judge
Furman: Mr. Avenatti, hold your tongue. Until
the witness is done. [Macias leaves]
stream
here,
video here
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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