Judge reduces Michael Avenatti’s prison sentence

Disgraced lawyer Michael Avenatti has had his prison sentence for financial fraud reduced from an initial 14 years to just under eight following a resentencing hearing on Thursday in Los Angeles.  

Avenatti, a former high-profile attorney who rose to fame representing porn actor Stormy Daniels against President Donald Trump, was originally sentenced after pleading guilty to bilking his California clients and hiding millions more from the IRS. 

He had the sentence vacated in October by the Ninth Circuit Court of Appeals, which determined that it was based on calculations of a greater loss to his victims than was actually suffered — and thus was too lengthy. 

U.S. District Court Judge James Selna on Thursday sentenced Avenatti to 135 months, minus 40 to account for a separate Stormy Daniels fraud sentence.

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The court previously ruled that the Stormy Daniels theft was similar in nature, happened in the same time period, and therefore could be considered when deciding the new sentence.

The resentencing on Thursday took place with a heavy National Guard outside following riots in Los Angeles earlier this week. The doors of the courthouse were boarded up and some windows had cracks apparently from rocks. 

The 14-year sentence was nullified, but not dismissed entirely, and his convictions still stand, with Avenatti guilty of wire fraud and tax obstruction.

Authorities said Avenatti negotiated and collected settlement payments on behalf of his clients, then funneled the money to accounts he controlled and spent it on his own lavish lifestyle.

The case is separate from Avenatti’s other convictions for attempting to extort Nike and stealing money from Daniels. Avenatti’s attempts to get those convictions and sentences overturned on appeal all failed.

The 14-year sentence was initially handed down after he pleaded guilty in 2022 to four counts of wire fraud and one count of obstructing IRS administration for stealing settlement money from multiple clients.

It came despite Avenatti not reaching a plea deal with federal prosecutors; he said he wanted to be accountable and spare his family further embarrassment.

Avenatti’s initial release date was set for July 31, 2035, but he asked Selna for a sentence that would have him released in just a few years. Avenatti, who was suspended from practicing law in California, has been representing himself.

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Prosecutors had asked for a sentence of only a few months less than the 14 years originally handed down.

Ahead of his resentencing, Avenatti appealed for a more lenient sentence by providing details of his alleged personal transformation while behind bars in a 41-page memorandum filed last month.

The memorandum detailed his life at the Terminal Island prison in Los Angeles, describing how he is trusted by prison officials to help other inmates – including serving as “suicide watch companion.” 

He also completed a drug abuse program and “regularly attended AA meetings and religious services.” Avenatti also volunteered in the prison library, assisting academically challenged inmates with legal matters, per the memorandum.

“Since his 2022 original sentencing, [Avenatti] has lived every day of his incarceration seeking to atone for the harm he caused and set his life on a different path,” the filing reads. 

The panel also  XXX should run concurrently to prison time Avenatti is already serving for stealing book proceeds from Daniels — who sued to break a confidentiality agreement with Trump to stay mum about an affair she said they had.

Daniels’ case with Avenatti centered on a non-disclosure agreement (NDA) tied to an alleged affair between her and Trump, and the legality of a $130,000 hush money payment made shortly before the 2016 election.

Fox News’ Lee Ross and The Associated Press contributed to this report.