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Michael Avenatti guilty on three counts of extortion


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Always thought he was a little shady and it’s interesting how similar his tactic is to Cohen and others.  That said I am a little worried this could be the start of some kind of revenge, especially since this comes days after the switch at SDNY.

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5 minutes ago, TryTheBeal! said:

Serious question...How is this really any different than any high-profile ambulance chaser who is known to secure splashy settlements from large corporate interests?

 

Or tabloid journalism even?  Isn’t this the whole business model?

 

A lot of times, people in ambulances have legitimate legal claims and a lawyer's duty is to zealously pursue those (legitimate) claims.  Threatening to level damaging allegations unless the corporation hires you for a ridiculous fee isn't representing any client's interest, it's just a shakedown.

 

Avenatti is definitely losing his law license for this one. 

 

Also, here is the NY extortion law (this is not legal advise to any person):

 

Quote

A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:

(i) Cause physical injury to some person in the future;  or

(ii) Cause damage to property;  or

(iii) Engage in other conduct constituting a crime;  or

(iv) Accuse some person of a crime or cause criminal charges to be instituted against him;  or

(v) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;  or

(vi) Cause a strike, boycott or other collective labor group action injurious to some person's business;  except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act;  or

(vii) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;  or

(viii) Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely;  or

(ix) Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

 

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I am concerned that Nike can get on the phone with DoJ and get Federal charges filed in a week. Sure, this guy might be shady... but why doesn't DoJ prosecute any crimes big business commits on a regular basis -- especially in the medical and banking industry.

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20 minutes ago, Fergasun said:

I am concerned that Nike can get on the phone with DoJ and get Federal charges filed in a week. Sure, this guy might be shady... but why doesn't DoJ prosecute any crimes big business commits on a regular basis -- especially in the medical and banking industry.

 

Just about anyone can if you have witnesses and evidence, of course I'm sure Nike's lawyers know folk there to cut down the hold and swap times

 

add

 I'm curious if the FBI was already aware and doing phone taps myself

Edited by twa
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