Michael Avenatti Seeks Leniency in Resentencing, Citing Prison Transformation

Disgraced attorney Michael Avenatti, once a prominent figure in national headlines, is appealing to a federal judge for a reduced sentence, arguing that his time behind bars has fostered significant personal growth and a genuine desire for redemption. Avenatti, originally sentenced to 14 years in prison on fraud and tax evasion charges, is scheduled for resentencing on May 27th. This follows a Ninth Circuit Court of Appeals ruling that deemed his initial sentence too lengthy, prompting a re-evaluation of his punishment.

In a recent filing, Avenatti’s legal team presented a compelling case for leniency, emphasizing his efforts toward self-improvement and positive contributions within the prison environment. The 41-page document details Avenatti’s daily life at the Terminal Island prison in Los Angeles, portraying him as a model inmate who has actively sought to atone for his past wrongdoings.

According to his lawyers, Avenatti has earned the trust of prison officials and plays a supportive role for fellow inmates, including serving as a suicide watch companion. This responsibility highlights a level of trust and compassion not typically associated with his previous public image. Furthermore, Avenatti has reportedly completed a drug abuse program, demonstrating a commitment to addressing potential underlying issues that may have contributed to his criminal behavior. He also regularly participates in Alcoholics Anonymous (AA) meetings and attends religious services, suggesting a pursuit of spiritual growth and a desire to find meaning and purpose beyond his current circumstances.

Supporting these claims, Avenatti’s lawyers included an internal Bureau of Prisons report, which purportedly describes him as a "model inmate." The report further highlights his voluntary work in the prison library, where he assists academically challenged inmates with legal matters. This particular activity underscores Avenatti’s continued use of his legal expertise, albeit in a pro-social context, offering assistance to those who may lack the resources to navigate the complexities of the legal system.

Avenatti’s legal team contends that his positive prison behavior reflects a genuine transformation, independent of his upcoming resentencing hearing. They assert that his actions are driven by sincere remorse, a commitment to rehabilitation, and a strong desire to contribute positively to society.

The possibility of considering an inmate’s conduct while incarcerated during resentencing is acknowledged within federal guidelines. However, prosecutors remain skeptical of Avenatti’s purported transformation.

Assistant U.S. Attorneys Brett Sagel and Ranaee Katzenstein, in their opposing filing, argue that Avenatti remains fundamentally unchanged. They emphasize the severity of his original crimes, highlighting his "egregious violations of his duties" and the "great harm" he inflicted on his clients by stealing millions of dollars. They also point to his alleged "greed and arrogance," which they believe led to the calculated deception he perpetrated against his clients and the IRS.

The prosecutors seek a sentence that closely mirrors the original 14-year term, arguing that the gravity of Avenatti’s offenses warrants a substantial punishment, regardless of his recent behavior.

Currently, Avenatti’s release date is set for July 31, 2035. He is appealing to U.S. District Court Judge James Selna for a sentence that would allow for his release within a few years.

Both Avenatti’s legal team and the prosecution have submitted detailed arguments for Judge Selna to consider at the upcoming hearing. These arguments center on the proper assessment of the financial losses suffered by Avenatti’s clients, as the determination of these amounts directly impacts the severity of the sentence. The appellate court had previously ruled that Judge Selna miscalculated some of these losses during the original sentencing.

Federal Public Defender Margaret Farrand, representing Avenatti, acknowledges the profound impact of his actions on his former clients. She states that "nothing can change how much he hurt the former clients he was entrusted to help," and that "nothing can change the shame he still feels." However, she emphasizes that Avenatti has strived to demonstrate his remorse and concern for others through his actions while in custody.

This case is distinct from Avenatti’s other convictions for attempting to extort Nike and stealing money from his former client, Stormy Daniels. Avenatti’s efforts to overturn those convictions and sentences through appeals have been unsuccessful. The Supreme Court has rejected to hear Avenatti’s appeal in the Nike extortion case.

The resentencing hearing will likely focus on several key factors: Avenatti’s conduct in prison, the accurate calculation of financial losses to his victims, and the extent to which his actions demonstrate genuine remorse and a commitment to rehabilitation. Judge Selna will ultimately weigh these factors in determining a new sentence that is both just and proportionate to the crimes committed. The decision will likely be scrutinized by the public, considering the high-profile nature of the case and the varying perspectives on Avenatti’s alleged transformation.