Avenatti
Finances Were Ordered Unsealed After Inner
City Press Filings But Overly Redacted
By Matthew
Russell Lee, Patreon
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Affidavit
SDNY
COURTHOUSE, August 11 –
Michael Avenatti's financial
affidavit to get a publicly
paid lawyer, which Inner City
Press has formally sought to
have unsealed for eleven
months, were on July 27 been
ordered unsealed. Order.
Podcast here.
But now on
August 10 Avenatti's Federal
Defenders have 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?
Now
on August 11,
the answer is
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.
Otherwise, the
redactions are
approved.
Defendant
shall promptly
file a newly
redacted
affidavit
consistent
with the
foregoing.
Defendant is
also reminded
that he must
file publicly
the status
updates that
he has filed
every four
months since
counsel was
appointed. The
Clerk of Court
is directed to
terminate ECF
No. 139.
(Signed by
Judge Jesse M.
Furman on
8/10/2021)."
Watch this
site.
When after
three days of jury selection
the trial of Michael Avenatti
for extorting Nike began on
January 29, 2020 Assistant US
Attorney Robert Sobelman told
the selected jurors that
Avenatti was supposed to look
out for the interests of his
client, but he did not - he
had a weapon, social
media. More on Patreon here.
On August
7, 2020 in the Stormy Daniels
case, Avenatti had motions
heard by U.S. District Court
for the Southern District of
New York Judge Jesse M.
Furman. Inner City Press live
tweeted it, here.
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.
Now on
July 27, 2021, Judge Furman
four times citing Inner City
Press has 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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