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Case 1:19-cr-00373-PGG Document 1 Filed 03/24/19 Page 1 of 11

Approved:
B. SOBELMAN
Attorneys

Before: THE HONORABLE STEWART D. AARON


united States Magistrate Judge
9
I MAG 2 9 2 7
Southern District of New York · •
x
UNITED STATES OF AMERICA SEALED COMPLAINT

- v. - Violations of 18 U.S.C.
§§ 371, 875{d), 1951, and 2
MICHAEL AVENATTI,
COUNTY OF OFFENSE:
Defendan.t. NEW YORK

SOUTHERN DISTRICT OF NEW YORK, ss.:

CHRISTOPHER HARPER, being duly sworn, deposes and says that


he is a Special Agent with the Federal Bureau of Investigation
("FBI"), and charges as follows:

COUNT ONE
(Conspiracy to Transmit Interstate
Communications with Intent to Extort)

1. In or about March 2019, in the Southern District of


New York and elsewhere, MICHAEL AVENATTI, the defendant, and
others known and unknown, knowingly, and willfully, did combine,
conspire, confederate, and agree together and with each other to
commit an offense against the United States, to wit,
transmission of an interstate communication with intent to
extort, in violation of Title 18, United States Code, Section
875{d).

2. It was a part and an object of the conspiracy that


MICHAEL AVENATTI, the defendant, and others known and unknown,
unlawfully, willfully, and knowingly, and with intent to extort
from a corporation any money and other thing of value, would and
did transmit in interstate commerce a communication containing a
threat to injure the reputation of a corporation, in violation
of Title 18, United States Code, Section 875(d), to wit,
AVENATTI and a co-conspirator not named as a defendant herein
("CC-1") d evise
. d a sc h eme to extort a company by means of an
Case 1:19-cr-00373-PGG Document 1 Filed 03/24/19 Page 2 of 11

interstate communication by threatening to damage the company's


reputation if the company did not agree to make multi-million
dollar payments to AVENATTI and CC-1, and further agree to pay
an additional $1.5 million to a client of AVENATTI's.

OVERT ACTS

3. In furtherance of the conspiracy and to effect the


illegal object thereof, the following overt acts, among others,
were committed in the Southern District of New York and
elsewhere:

a. On or about March 19, 2019, in Manhattan, MICHAEL


AVENATTI, the defendant, and CC-1 met with attorneys for NIKE,
Inc. ("Nike") and threatened to release damaging information
regarding Nike if Nike did not agree to make multi-million
dollar payments to AVENATTI and CC-1 and make an additional $1.5
million payment to an individual AVENATTI claimed to represent
("Client-1").

b. On or about March 20, 2019, AVENATTI and CC-1


spoke by telephone with attorneys for Nike, during which
AVENATTI stated, with respect to his demands for payment of
millions of dollars, that if those demands were not met "I'll go
take ten billion dollars off your client's market cap . I'm
not fucking around."

(Title 18, United States Code, Section 371.)

COUNT TWO
(Conspiracy to Commit Extortion)

4. In or about March 2019, in the Southern District of


New York and elsewhere, MICHAEL AVENATTI, the defendant, and
others known and unknown, unlawfully and knowingly combined,
conspired, confederated, and agreed together and with each other
to commit extortion, as that term is defined in Title 18, United
States Code, Section 195l(b) (2), and thereby would and did
obstruct, delay, and affect commerce and the movement of
articles and commodities in commerce, as that term is defined in
Title 18, United States Code, Section 1951(b) (3), to wit, on an
interstate telephone call, AVENATTI and CC-1 used threats of
economic harm in order to obtain multi-million dollar payments
from Nike to AVENATTI and CC-1, and further to obtain an
additional $1.5 million for Client-1.

(Title 18, United States Code, Section 1951.)

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Case 1:19-cr-00373-PGG Document 1 Filed 03/24/19 Page 3 of 11

COUNT THREE
(Transmission of Interstate
Communications with Intent to Extort)

5. On or about March 20, 2019, in the Southern District


of New York and elsewhere, MICHAEL AVENATTI, the defendant,
unlawfully, knowingly, and willfully, and with intent to extort
from a corporation any money and other thing of value, did
transmit in interstate commerce a communication containing a
threat to injure the reputation of a corporation, and did aid
and abet the same, to wit, AVENATTI, during an interstate
telephone call, threatened to cause substantial financial harm
to Nike and its reputation if Nike did not agree to make multi-
million dollar payments to AVENATTI, and further agree to pay an
additional $1.5 million to Client-1.

(Title 18, United States Code, Sections 875(d) and 2.)

COUNT FOUR
(Extortion)

6. In or about March 2019, in the Southern District of


New York and elsewhere, MICHAEL AVENATTI, the defendant,
willfully and knowingly, did attempt to commit extortion as that
term is defined in Title 18, United States Code, Section
195l(b) (2), and thereby would and did obstruct, delay, and
affect commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b) (3), to wit, AVENATTI used threats of
economic harm in an attempt to obtain multi-million dollar
payments from Nike, and further to obtain an additional $1.5
million for Client-1.

(Title 18, United States Code, Sections 1951 and 2.)

BACKGROUND TO THE EXTORTION SCHEME

The bases for my knowledge and for the foregoing charges


are, in part, as follows:

7. I am a Special Agent with the FBI and I have been


personally involved in the investigation of this matter, which
has been handled jointly by Special Agents of the FBI and of the
United States Attorney's Office. This affidavit is based upon
my personal participation in the investigation of this matter,
my conversations with other law enforcement agents, witnesses,

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Case 1:19-cr-00373-PGG Document 1 Filed 03/24/19 Page 4 of 11

and others, as well as my examination of reports and records.


Because this affidavit is being submitted for the limited
purpose of establishing probable cause, it does not include all
the facts that I have learned during the course of my
investigation. Where the contents of documents and the actions,
statements, and conversations of others are reported herein,
they are reported in substance and in part, except where
otherwise indicated.

8. Based on my involvement in this investigation, and set


forth in greater detail below, I have become aware of a multi-
million extortion scheme in which MICHAEL AVENATTI, the
defendant, and CC-1 used threats of economic and reputational
harm to extort Nike, a multinational corporation engaged in,
among other things, the marketing and sale of athletic apparel,
footwear, and equipment. Specifically, AVENATTI threatened to
hold a press conference on the eve of Nike's quarterly earnings
call and the start of the annual National Collegiate Athletic
Association ("NCAA") tournament at which he would announce
allegations of misconduct by employees of Nike. AVENATTI stated
that he would refrain from holding the press conference and
harming Nike only if Nike made a payment of $1.5 million to a
client of AVENATTI's in possession of information damaging to
Nike, i.e., Client-1, and agreed to "retain" AVENATTI and CC-1
to conduct an "internal investigation" - an investigation that
Nike did not request - for which AVENATTI and CC-1 demanded to
be paid, at a minimum, between $15 and $25 million.
Alternatively, and in lieu of such a retainer agreement,
AVENATTI and CC-1 demanded a total payment of $22.5 million from
Nike to resolve any claims Client-1 might have and additionally
to buy AVENATTI's silence.

RELEVANT ENTITIES AND INDIVIDUALS

9. As set forth further below, and based on my


involvement with the investigation to date, I am aware of the
following:

a. MICHAEL AVENATTI, the defendant, is an attorney


licensed to practice in the state of California, with a large
public following due to, among other things, his representation
of celebrity and public figure clients, as well as frequent
media appearances and use of social media.

b. CC-1 is also an attorney licensed to practice in


the state of California, and similarly known for representation
of celebrity and public figure clients.

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Case 1:19-cr-00373-PGG Document 1 Filed 03/24/19 Page 5 of 11

c. Nike is a multinational, publicly-held


corporation headquartered in Beaverton, Oregon. Nike produces
and markets athletic apparel, footwear, and equipment, and also
sponsors athletic teams in many sports, including basketball, at
various levels, including the high school, amateur, collegiate,
and professional levels.

d. "Client-1" is a coach of an amateur athletic


union ("AAU") men's basketball program based in California. For
a number of years, the AAU program coached by Client-1 had a
sponsorship agreement with Nike pursuant to which Nike paid the
AAU program approximately $72,000 annually.

e. "Attorney-1" and "Attorney-2" work at a law firm


based in New York and represent Nike.

f. The "In-House Attorney" is an attorney who works


for Nike.

THE MARCH 19 MEETING WITH AVENATTI

10. Based on my conversations with other law enforcement


officers, review of notes, text messages, and emails, and
discussions with Attorney-1 who, as noted above, represents
Nike, I have learned the following information, in substance and
in part:

a. On or about March 13, 2019, Attorney-1 learned


from a representative of Nike that CC-1 had contacted Nike and
stated, in substance and in part, that he wished to speak to
representatives of Nike. CC-1 had further stated, in substance
and in part, that the discussion should occur in person, not
over the phone, as it pertained to a sensitive matter.

b. On or about March 15, 2019, Attorney-1 spoke by


phone with CC-1, and CC-1 stated, in substance and in part, that
he was trying to be discreet on the phone, but that he and
MICHAEL AVENATTI, the defendant, wished to speak with
representatives of Nike in person.

c. On or about March 19, 2019, at approximately


12:00 p.m., Attorney-1, Attorney-2, and the In-House Attorney
met with AVENATTI and CC-1 at CC-l's office in New York, New
York, during which the following occurred, among other things:

i. AVENATTI stated, in substance and in part,


that he represented Client-1, an AAU coach, whose team had
previously had a contractual relationship with Nike, but whose

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Case 1:19-cr-00373-PGG Document 1 Filed 03/24/19 Page 6 of 11

contract Nike had recently decided not to renew. According to


AVENATTI, Client-1 had evidence that one or more Nike employees
had authorized and funded payments to the families of top high
school basketball players and/or their families and attempted to
conceal those payments, similar to conduct involving a rival
company that had recently been the subject of a criminal
prosecution in this District. AVENATTI identified three former
high school players in particular, and indicated that his client
was aware of payments to others as well.

ii. AVENATTI further stated, in substance and in


part, that he intended to hold a press conference the following
day to publicize the asserted misconduct at Nike, which would
negatively affect Nike's market value. In particular, AVENATTI
stated, in substance and in part, that he had approached Nike
now because he knew that the annual NCAA tournament - an event
of significance to Nike and its brand - was about to begin and
further because he was aware that Nike's quarterly earnings call
was scheduled for March 21, 2019, thus maximizing the potential
financial and reputational damage his press conference could
cause to Nike.

iii. AVENATTI further stated, in substance and in


part, that he would refrain from holding that press conference
and damaging Nike if Nike agreed to two demands: (1) Nike must
pay $1.5 million to Client-1 as a settlement for any claims
Client-1 might have regarding Nike's decision not to renew its
contract with the team coached by Client-1; and (2) Nike must
hire AVENATTI and CC-1 to conduct an internal investigation of
Nike, with a provision that if Nike hired another firm to
conduct such an internal investigation, Nike would still be
required to pay AVENATTI and CC-1 at least twice the fees of any
other firm hired.

iv. At the end of the meeting, AVENATTI and CC-1


indicated that Attorney-1 and Nike would have to agree to accept
those demands immediately or AVENATTI would hold his press
conference. In particular, CC-1 indicated that he and AVENATTI
would contact Attorney-1, Attorney-2, and the In-House Attorney
later that afternoon to discuss Nike's response.

d. Later that day, Attorney-1 left a voicemail for


CC-1 indicating that Nike needed time. CC-1 subsequently
returned Attorney-l's call and stated, in substance and in part,
that AVENATTI had agreed to give Nike until Thursday (i.e. two
days) to consider the demands before holding the threatened
press conference.

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Case 1:19-cr-00373-PGG Document 1 Filed 03/24/19 Page 7 of 11

e. After the conclusion of the meeting described


above, representatives of Nike contacted representatives of the
United States Attorney's Office for the Southern District of New
York regarding AVENATTI's threats and extortionate demands.

THE MARCH 20 CALL WITH AVENATTI

11. Based on my conversations with other law enforcement


officers and Attorney-1, my own observations, and my review of
notes, text messages, audio recordings and draft transcriptions
of those conversations, I have learned the following
information, in substance and in part:

a. On or about March 20, 2019, at the direction of


law enforcement, Attorney-1 sent CC-1 a text message to schedule
a telephone call for later that day.

b. On or about March 20, 2019, at approximately 4:00


p.m., Attorney-1 and Attorney-2, who were in their offices in
New York, New York, spoke to CC-1 on a telephone call that was
consensually recorded and monitored by law enforcement. During
the call, and at the direction of law enforcement, Attorney-1
asked CC-1 for more time to consider the demands made by MICHAEL
AVENATTI, the defendant, and CC-1 the day before and/or another
in-person meeting to discuss those demands. CC-1, who stated,
in substance and in part, that he was in Miami, Florida, at the
time, said that he would speak to AVENATTI to discuss the
possibility of delaying the deadline for Nike's response and
would further discuss with AVENATTI the possibility of setting
up another in-person meeting.

c. Less than an hour later, at approximately 4:50


p.m., Attorney-1 and Attorney-2 again spoke to CC-1 on a
telephone call that was consensually recorded and monitored by
law enforcement. During the call, CC-1 indicated that he had
spoken to AVENATTI, who was yelling and angry because he did not
believe that Nike needed more time to respond to the demands for
payment. CC-1 stated, in substance and in part, that Attorney-1
and Attorney-2 would need to provide some justification for
delaying the deadline and that CC-1 would attempt to set up
another call with AVENATTI so that Attorney-1 could discuss the
request for an extension with AVENATTI directly.

d. Shortly thereafter, at approximately 5:10 p.m.,


Attorney-1 and Attorney-2 engaged in a three-way phone
conversation with AVENATTI and CC-1 that was consensually
recorded and monitored by law enforcement. During that call, the
following, among other things, occurred:

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Case 1:19-cr-00373-PGG Document 1 Filed 03/24/19 Page 8 of 11

i. AVENATTI reiterated that he expected to "get


a million five for our guy" (i.e., Client-1) and be "hired to
handle the internal investigation" adding that and "if you don't
wanna do that, we're done here." 1

ii. AVENATTI also reiterated threats made during


the previous in-person meeting along with his demand for a
multi-million dollar retainer to do an internal investigation.
With respect to the internal investigation, AVENATTI made clear
that his demand was not simply to be retained by Nike but to be
paid at least $10 million dollars or more by Nike in return for
not holding a press conference.

iii. In particular, AVENATTI stated, in part:


"I'm not fucking around with this, and I'm not continuing to
play games. You guys know enough now to know you've got a
serious problem. And it's worth more in exposure to me to just
blow the lid on this thing. A few million dollars doesn't move
the needle for me. I'm just being really frank with you. So if
that's what, if that's what's being contemplated, then let's
just say it was good to meet you, and we're done. And I'll
proceed with my press conference tomorrow . I'm not
fucking around with this thing anymore. So if you guys think
that you know, we're gonna negotiate a million five, and you're
gonna hire us to do an internal investigation, but it's gonna be
capped at 3 or 5 or 7 million dollars, like let's just be done.
And I'll go and I'll go take ten billion dollars off your
client's market cap. But I'm not fucking around."

iv. AVENATTI and CC-1 continued to discuss how


much AVENATTI expected to be paid by Nike for doing an "internal
investigation." AVENATTI made clear his view that an internal
investigation of conduct at a company like Nike could be valued
at "tens of millions of dollars, if not hundreds," stating, in
part, "let's not bullshit each other. We all know what the
reality of this is," adding later in the conversation that while
he did not expect to be paid $100 million, he did expect to be
paid more than $9 million.

v. Finally, AVENATTI stated, in substance and


in part, that he would agree to meet with Attorney-1 in person
the following day, Thursday, March 21, the date of Nike's
scheduled quarterly earnings call and the beginning of the NCAA
tournament, to present the exact amount he demanded from Nike

1
The quotations set forth in this Complaint are based on
draft transcriptions of the recorded conversations, and are in
preliminary form only and subject to change upon further review.

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Case 1:19-cr-00373-PGG Document 1 Filed 03/24/19 Page 9 of 11

and under what terms it would have to be paid. AVENATTI further


stated, in substance and in part, that Nike would be required to
provide an answer the following Monday or he would hold his
press conference.

THE MARCH 21 MEETING WITH AVENATTI

12. Consistent with the phone call described above, and


based on my conversations with other law enforcement officers
and Attorney-1, my own observations, and my review of a video
recording and draft transcription of that video recording, I
know that, on or about March 21, 2019, MICHAEL AVENATTI, the
defendant, CC-1, Attorney-1, and Attorney-2 met at CC-l's office
in New York. That meeting was consensually video- and audio-
recorded by Attorney-1 and Attorney-2. During that meeting, the
following, among other things, occurred:

a. At the beginning of the meeting, and at the


direction of law enforcement, Attorney-1 stated that he did not
believe that a payment to AVENATTI's client would be the
"sticking point" but that Attorney-1 needed to know more about
the proposed "internal investigation." AVENATTI stated, in
substance and in part, that he and CC-1 would require a $12
million retainer to be paid immediately and to be "deemed earned
when paid," with a minimum guarantee of $15 million in billings
and a maximum of $25 million, "unless the scope changes."
During the meeting, AVENATTI and CC-1 also stated, in substance
and in part, that an "internal investigation" could benefit
Nike, by, among other things, allowing Nike to "self-report" any
misconduct, and that it would be Nike's choice whether to do so.

b. Attorney-1 noted that Attorney-1 had never


received a $12 million retainer from Nike and had never done an
investigation for Nike "that breaks $10 million." AVENATTI
responded, in substance and in part, by asking whether Attorney-
1 has ever "held the balls of the client in your hand where you
could take five to six billion dollars market cap off of them?"

c. Attorney-1 also reiterated, at the direction of


law enforcement, that Attorney-1 did not think paying AVENATTI's
client $1.5 million would be a "stumbling block," but asked
whether there would be any way to avoid AVENATTI carrying out
the threatened press conference without Nike retaining AVENATTI
and CC-1. In particular, Attorney-1 asked, in substance and in
part, whether Nike could resolve the demands just by paying
Client-1, rather than retaining AVENATTI and CC-1. CC-1
indicated that CC-1 understood that Nike might like to get rid
of the problem in "one fell swoop," rather than have it "hanging

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Case 1:19-cr-00373-PGG Document 1 Filed 03/24/19 Page 10 of 11

over their head." AVENATTI noted that he did not think it made
sense for Nike to pay Client-1 an "exorbitant sum of money .
in light of his role in this." AVENATTI and CC-1 then left the
room to confer privately.

d. After returning, AVENATTI stated, in part, "If


[Nike] wants to have one confidential settlement and we're done,
they can buy that for twenty-two and half million dollars and
we're done. Full confidentiality, we ride off into the
sunset. "

e. AVENATTI then added that "I just wanna share with


you what's gonna happen, if we don't reach a resolution."
AVENATTI then laid out again his threat of harm to Nike, adding
that, "as soon as this becomes public, I am going to receive
calls from all over the country from parents and coaches and
friends and all kinds of people - this is always what happens
and they are all going to say I've got an email or a text
message or - now, 90% of that is going to be bullshit because
it's always bullshit 90% of the time, always, whether it's R.
Kelly or Trump, the list goes on and on - but 10% of it is
actually going to be true, and then what's going to happen is
that this is going to snowball . . and every time we got more
information, that's going to be the Washington Post, the New
York Times, ESPN, a press conference, and the company will die -
not die, but they are going to incur cut after cut after cut
after cut, and that's what's going to happen as soon as this
thing becomes public."

f. Finally, AVENATTI and CC-1 agreed to meet at


Attorney-l's office on Monday, March 25, 2019. AVENATTI made
clear that Nike would have to accede to his demands at that
meeting or he would hold his press conference, stating in part,
"If this is not papered on Monday, we are done. I don't want to
hear about somebody on a bike trip. I don't want to hear that
somebody has, that somebody's grandmother passed away or .
the dog ate my homework, I don't want to hear - none of it is
going to go anywhere unless somebody was killed in a plane
crash, it's going to go zero, no place with me."

13. Based on my review of a Twitter account publicly


associated with MICHAEL AVENATTI, the defendant, I have learned
that, consistent with the threats communicated by AVENATTI, as
described above, and within approximately two hours after the
conclusion of the video-recorded meeting described above,
AVENATTI posted the following message on Twitter:

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Case 1:19-cr-00373-PGG Document 1 Filed 03/24/19 Page 11 of 11

• Michael Avenatti $ @MichaelA... · 36m v


Something tells me that we have not reached
the end of this scandal. It is likely far far
broader than imagined ...

College basketball corruption trial: Ex-


Adidas exec sentenced to nine months in ...
& cbssports.com

Q 18 n 38 \'.) 129

Based on my participation in the investigation, and my review of


the article referred to in the tweet described above, I am aware
that the article refers to the prior prosecution involving
employees of a rival company referred to by AVENATTI in his
initial March 19 meeting with attorneys for Nike.

WHEREFORE, deponent respectfully requests that a warrant be


issued for the arrest of MICHAEL AVENATTI, the defendant, and
that he be arrested and imprisoned or bailed, as the case may
be.

AGENT CHRISTOPHER HARPER


BUREAU OF INVESTIGATION

Sworn to before me this


24th day of March, 2019

/\~cf!_~.
~HONORABLE S'.l'EWART D. AARON
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF NEW YORK

11
Case 1:19-cr-00373-PGG Document 3 Filed 03/25/19 Page 1 of 1
I H-11.Revised 8/2010

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------ x
UNITED STATES OF AMERICA ORDER APPOINTING COUNSEL
(Federal Defenders of New York, Inc.)
-v-
llftm1t~ l /Jt!&u;'!/2 Docket # /tf/ /t11JC Z<tZ7
Defendant

------------------------------------------------ x

Because the above name defendant has testified under oath or otherwise satisfied this
Court that he or she: (1) is financially unable to employ counsel, and (2) does not wish to
waive counsel, and because the interest of justice so require, the FEDERAL DEFENDERS
OF NEW YORK, INC. is hereby appointed to represent the defendant in the above designated case
for the following purpose:

Checkone) ~ all proceedings


bail/presentiment only

other (specify) f);Lt/1£ ~/)£


If the case proceeds to the U.S. District Court, the appointment shall remain in effect
until terminated or a substitute attorney is appo · ted.

Date 3/zs}t Signature of U.S. Judge or Magistrate Judge


or by order of the Court:

TO: CLERK OF COURT


United States District Court
Southern District of New York

Federal Defenders of New York, Inc.


52 Duane Street, 10th Floor
New York, New York 10007

Copy 1 -- Retain in Magistrate Judge File


Copy 2 - To Federal Defenders of New York, Inc.
Copy 3 - To U.S.D.C. Clerks Office (Attn: C.J.A. Clerk)
Case 1:19-cr-00373-PGG Document 4 Filed 03/25/19 Page 1 of 1

DOCKET No. \ q r'\ ~q ~ J)


AUSA
9'rn"'~heL-v
e;\:)..e.,~~ ~ <!)\Cl\("'\~
Poao \ s.~~
0 INTERPRETER NEEDErl
0 DEFENDANT WAIVES PRETRIAL REPORT

~ule 5 0 Rule 9 0 Rule 5(c)(3) 0 Detention Hrg. 0 VOL. SURR.

b Other: _ _ _ _ _ _ _ _ _ _ _ _ __
DON WRIT

BAIL DISPOSITION
SEE SEP. ORDER
SEE TRANSCRIPT

0 HOME INCARCERATION 0 HOME DETENTION 0 CURFEW 0 ELECTRONIC MONITORING 0 GPS


0 DEF. TO PAY ALL OF PART OF COST OF LOCATION MONITORING, AS DETERMINED BY PRETRIAL SERVICES ,

0 DEF. TO CONTINUE OR SEEK EMPLOYMENT [OR] 0 DEF. TO CONTINUE OR START EDUCATION PROGRA~
0 DEF. NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON . ··--· .1.~-----
0 D~TO BE DETAINED UNTIL ALL CONDITIONS ARE MET
~F. TO BE RELEASED ON OWN SIGNATURE, PLUS THE FOLLOWING CONDITIONS:-----...,..--==--...,....-::--
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;REMAINING CONDITIONS TO BE MET BY:f-5 - I 'l
ADDITIONAL CONDITIONS/ADDITIONAL PROCEEDINGS/COMMENTS:

- No ~ ~d- l,I.) \f'h. u:J - l,...-O'V\ s p 1 -r~v-- ~ i ~ U«f ~


~ cle. f V'l.P ~0 {_(_ CT[) c...»v~0

0 DEF. ARRAIGNED; PLEADS NOT GUILTY 0 CONFERENCE BEFORE D.J. ON _ _ _ __


0 DEF. WAIVES INDICTMENT
0 SPEEDY TRIAL TIME EXCLUDED UNDER 18 U.S.C. § 316l(h)(7) UNTIL _ _ _ __

For Rule 5(c)(3) Cases:


0 IDENTITY HEARING WAIVED 0 DEFENDANT TO BE REMOVED
0 PRELIMINARY HEARING IN SDNY WAIVED 0 CONTROL DATE FOR REMOVAL: - - - - -

PRELIMINARY HEARING DATE: 4- .l. ~- I '1


DATE: 3) J._~ ( \ 1 UNITED STATES MAGISTRATE JUDGE, S.D.N.Y.
~(original) - COURT FILE £INK- U.S. ATTORNEY'S OFFICE ~ - U.S. MARSHAL QllEili - PRETRIAL SERVICES AGENCY
Rev'd 2016 IH - 2
Case 1:19-cr-00373-PGG Document 5 Filed 03/25/19 Page 1 of 8

A098 (Rev. 12/11) Appearance Bond


OR\G\NAL
UNITED STATES DISTRICT COURT
for the
Southern District of New York

United States of America )


v. )
) Case No. 19 MAG 2927
_ ___ _ ____ _MIC!!A}~_1:- A\[ENA TT!______ )
Defendant - - - )

APPEARANCE BOND

Defendant's Agreement
I, ____________ MI(:!f~ELAVENATTI ________ (defendant), agree to follow every order of this court, or any
court that considers this case, and I further agree that this bond may be forfeited ifl fail:
( 0 ) to appear for court proceedings;
( 0 ) if convicted, to surrender to serve a sentence that the court may impose; or
( 0 ) to comply with all conditions set forth in the Order Setting Conditions of Release.
Type of Bond
( 0 ) (1) This is a personal recognizance bond.

( 0 ) (2) This is an unsecured bond of$ _ 300,00_()_.00 _

(D ) (3) This is a secured bond of$ , secured by:

( D) $ , in cash deposited with the court.

(D ) (b) the agreement of the defendant and each surety to forfeit the following cash or other property
(describe the cash or other property, including claims on it - such as a lien, mortgage, or loan - and attach proof of
ownership and value):
____ ,. _____ - - - - - · - - - - - - ----------·------------
- - - - · - - - - - · ---·-------- ------------·-·-- - - - - - - - ------ ------·-·--------------------------------- --

If this bond is secured by real property, documents to protect the secured interest may be filed ofrecord.

( D ) {c) a bail bond with a solvent surety (attach a copy of the bail bond, or describe it and identifY the surety):

-------- --- - - - - - ----- - - - - - ---- - - - - - - - - - - - - - - - - --

- ------------------ -

----- ------- -------------------- - -------------------

Forfeiture or Release of the Bond

Forfeiture of the Bond. This appearance bond may be forfeited ifthe defendant does not comply with the above
agreement. The court may immediately order the amount of the bond surrendered to the United States, including the
security for the bond, ifthe defendant does not comply with the agreement. At the request of the United States, the court
may order a judgment of forfeiture against the defendant and each surety for the entire amount of the bond, including
interest and costs.
Case 1:19-cr-00373-PGG Document 5 Filed 03/25/19 Page 2 of 8
Page 2
AO 98 (Rev. 12/11) Appearance Bond

Release of the Bond The court may order this appearance bond ended at any time. This bond will be satisfied and the
security will be released when either: (I) the defendant is found not guilty on all charges, or (2) the defendant reports to
serve a sentence.

Declarations

Ownership of the Property. I, the defendant- and each surety- declare under penalty of perjury that:
(1) all owners of the property securing this appearance bond are included on the bond;
(2) the property is not subject to claims, except as described above; and
(3) I will not sell the property, allow further claims to be made against it, or do anything to reduce its value
while this appearance bond is in effect.

Acceptance. I, the defendant - and each surety - have read this appearance bond and have either read all the conditions of
release set by the court or had them explained to me. I agree to this Appearance Bond.

I, the defendant - and each surety - declare under penalty of perjury that t information is true. (See 28 U.S.C.§ 1746.)

Date: 3/25/19
MICHAEL AVENATTI

Surety/property owner - Surety/property owner -

Surety/property owner - Surety/property owner -

Surety/property owner - Surety/property owner -

Date: 3/25/19

Approved.

Date: _ _3_/2_5_/_19_ _
NE
Case 1:19-cr-00373-PGG Document 5 Filed 03/25/19 Page 3 of 8

AO 199A (Rev. 12/11) Order Setting Conditions of Release Page I of Pages

UNITED STATES DISTRICT COURT


for the
Southern District of New York

United States of America


)
)
V.
) Case No. 19 MAG 2927
MICHAEL A VENATTI )
Defendant )

ORDER SETTING CONDITIONS OF RELEASE

IT IS ORDERED that the defendant's release is subject to these conditions:

(1) The defendant must not violate federal, state, or local law while on release.

(2) The defendant must cooperate in the collection of a DNA sample if it is authorized by 42 U.S.C. § 14135a.

(3) The defendant must advise the court or the pretrial services office or supervising officer in writing before making
any change of residence or telephone number.

(4) The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that
the court may impose.

The defendant must appear at:


Place

on
Date and Time

If blank, defendant will be notified of next appearance.

(5) The defendant must sign an Appearance Bond, if ordered.


------ ~---------··--

Case 1:19-cr-00373-PGG Document 5 Filed 03/25/19 Page 4 of 8

AO l99B (Rev. 12/11) Additional Conditions of Release Page of _Pages

ADDITIONAL CONDITIONS OF RELEASE


IT IS FURTHER ORDERED that the defendant's release is subject to the conditions marked below:

( 0) (6)The defendant is placed in the custody of:


Person or organization -

Address (only if above is an organi::.ation)


City and state Tel. No.
who agrees to (a) supervise the·-defendant, (b) use eve-ry effort t08.ssure the defelldant'S appea~a~ce at au court proceedi~gs, and (c) notify the court
immediately ifthe defendant violates a condition of release or is no longer in the custodian's custody.

Signed:
Custodian Date
( ~) (7) The defendant must:
( ~ ) (a) submit to supervision by and report for supervision to the PSA AS DIRECTED
telephone number --------·· , no later than
< D ) (b) continue or actively seek employment.
< D ) (c) continue or start an education program.
( ~ ) (d) surrender any passport to: _PREJ'RIAL ~~RV~CES _ WITHIN 48 HOURS
( ~ ) (e) not obtain a passport or other international travel document.
( ~ ) (f) abide by the following restrictions on personal association, residence, or travel: __ SOl]THERN_A~Q EA~TEB_N DISTRICTS OF
NEW YORK CENTRAL DISTRICT OF CALIFORNIA AND POINTS IN BETWEEN FOR TRAVEL
- -------·---------------------- ------·------------ · - -

( ~ ) (g) avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution,
including: CO-CONSPIRATOR NAME IN COMPLAINT OUTSIDE PRESENCE OF COUNSEL

(D ) (h) get llle<lical or psychiatric treatment:-


·--------- ---------- ---- --

(0 ) (i) return to custody each _______ at o'clock after being released at o'clock for employment, schooling.
or the following purposes:
-------------· ----------- - - - - - - - - -- ------ - ------ - -----

<D ) m maintain residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers
necessary.
cD ) (k) not possess a firearm, destructive device, or other weapon.
(D ) 0) not use alcohol ( 0 ) at all ( 0 ) excessively.
< D ) (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed
medical practitioner.
cD ) (n) submit to testing for a prohibited substance if required by the pretrial services office or supervising officer. Testing may be used with
random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of
prohibited substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and
accuracy of prohibited substance screening or testing.
cD ) (o) participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or
supervising officer.
cD ) (p) participate in one of the following location restriction programs and comply with its requirements as directed.
( 0) (i) Curfew. You are restricted to your residence every day ( 0) from __ to , or ( 0 ) as
directed by the pretrial services office or supervising officer; or
( 0) (ii) Home Detention. You are restricted to your residence at all times except for employment; education; religious services:
medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other
activities approved in advance by the pretrial services office or supervising officer; or
( D) (iii) Home Incarceration. You are restricted to 24-hour-a-day lock-down at your residence except for medical necessities and
court appearances or other activities specifically approved by the court.
(D ) (q) submit to location monitoring as directed by the pretrial services office or supervising officer and comply with all of the program
requirements and instructions provided.
(D ) You must pay all or part of the cost of the program based on your ability to pay as determined by the pretrial services office or
supervising officer.
cD ) (r) report as soon as possible, to the pretrial services office or supervising officer, every contact with law enforcement personnel, including
arrests, questioning, or traffic stops.
Case 1:19-cr-00373-PGG Document 5 Filed 03/25/19 Page 5 of 8

ADDITIONAL CONDITIONS OF RELEASE


( i2J ) (s) $300,000 PERSONAL RECOGNIZANCE BOND; TO BE COSIGNED BY TWO FINANCIALLY RESPONSIBLE
PERSONS; TRAVEL RESTRICTED TO SDNY /EDNY /CDCA AND POINTS IN BETWEEN FOR TRAVEL TO
COURT/ PERSONAL LAWYER; TEMPORARY ADDITIONAL DOMESTIC TRAVEL UPON CONSENT AND
APPROVAL OF AUSA AND PTS; SURRENDER TRAVEL DOCUMENTS WITHIN 48 HOURS AND NO NEW
APPLICATIONS; PRETRIAL SUPERVISION AS DIRECTED BY PRETRIAL SERVICES; DEFT TO BE
RELEASED ON OWN SIGNATURE; REMAINING CONDITIONS TO BE MET BY 4/5/19; NO CONTACT
WITH CO-CONSPIRATORS NAMED IN COMPLAINT OUTSIDE PRESENCE
-· ---
"·---------------------------------~-----------
OF COUNSEL.
--------------- ---

u
Case 1:19-cr-00373-PGG Document 5 Filed 03/25/19 Page 6 of 8
AO 199C (Rev. 09/08) Advice of Penalties Page__ of Pages

ADVICE OF PENALTIES AND SANCTIONS

TO THE DEFENDANT: MICHAEL AVENATTI 19MAG 2927

YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:

Violating any of the foregoing conditions ofrelease may result in the immediate issuance of a warrant for your arrest, a
revocation of your release, an order of detention, a forfeiture of any bond, and a prosecution for contempt of court and could result in
imprisonment, a fine, or both.
While on release, if you commit a federal felony offense the punishment is an additional prison term of not more than ten
years
and for a federal misdemeanor offense the punishment is an additional prison term of not more than one year. This sentence will be
consecutive (i.e., in addition to) to any other sentence you receive.
It is a crime punishable by up to ten years in prison, and a $250,000 fine, or both, to: obstruct a criminal investigation;
tamper with a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or informant; or intimidate or
attempt to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or
intimidation are significantly more serious if they involve a killing or attempted killing.
If, after release, you knowingly fail to appear as the conditions of release require, or to surrender to serve a sentence,
you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of:
(1) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more -you will be fined
not more than $250,000 or imprisoned for not more than 10 years, or both;
(2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years - you will be fined not
more than $250,000 or imprisoned for not more than five years, or both;
(3) any other felony- you will be fined not more than $250,000 or imprisoned not more than two years, or both;
(4) a misdemeanor - you will be fined not more than $100,000 or imprisoned not more than one year, or both.
A term of imprisonment imposed for failure to appear or surrender will be consecutive to any other sentence you receive. In
addition, a failure to appear or surrender may result in the forfeiture of any bond posted.

Acknowledgment of the Defendant

I acknowledge that I am the defendant in this case and that I am aware of the conditions of release. I promise to obey all
conditions of release, to appear as directed, and surrender to serve any sentence imposed. I am aware of the penalties and sanctions
set forth above.

ant's Signature MICHAEL AVENATTI


DEFENDANT RELEASED
No w---------
- ------------ 1'1 Y
'l e1r--·lL.---l------ -- ----
City and State

Directions to the United States Marshal

( ~ ) The defendant is ORDERED released after processing.


( ~ ) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judge that the
defendant has posted bond and/or complied with all other conditions for release. If still in custody, the defendant must be
produced before the appropriate judge at the time and place specified.

Date: 3/25/19

Printed name and title


Case 1:19-cr-00373-PGG Document 5 Filed 03/25/19 Page 7 of 8
AO 199C (Rev. 09/08) Advice of Penalties Page ____ of _____ __ Pages

DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICE U.S. ATTORNEY U.S. MARSHAL

Theldnmx
Manhattan
Westchester
~c-ckland
Uutcheu
{)ranee
J:·utnam
§ullh-an

ldrnckbn (l",inH ccunb')


C:ueem {C:ueens Ccunb'}
§taten 1s1ana {~1cnmcna t.:cunn·J
Lent Island {!'liiassau & Suffolk)
J
Case 1:19-cr-00373-PGG Document 5 Filed 03/25/19 Page 8 of 8
DEFENDANT\{\ t (. ~ ()._, e \ f\\) C C,\..--t\-.\
{l

0 DEFENDANT WAIVES PRETRIAL REPORT

~ule 5 D Rule 9 0 Rule S(c)(3) 0 Detention Hrg. DATE OF ARREST _g - .l S'° - I <J 0 VOL. SURR.
TIME OF ARREST 1a:391·m. DON WRIT
b Other:-------------- TIME OF PRESENTMENT · f .~ .

BAIL DISPOSITION
0 SEE SEP. ORDER
0 DETENTION ON CONSENT W/O PREruDICE 0 DETENTION: RISK OF FLIGHT/DANGER 0 SEE TRANSCRIPT
D D~ENTION HEARING SCHEDULED FOR: _ _ _ _ _ _ _ __
l\J.1\GREED CONDITIONS OF RELEASE
0 ~F. RELEASED ON OWN ~OGNIZANC
~ ~O<.? I 00 b PRB ID"" :A FRP

~
CURED BY$ CAS RTY: }
VEL RESTRICTED TO SD I D CA · . .- . ....ea..i-,_ - v-.Ll U..l\.J~ -to
ut'TpMPORARY ADDITIONAL RAVEL UPON CONSENT OF AU A & APP.ROY AL OF PnTRIAL S~ES pc2- 's ({'Y\P-f
~URRENDER TRAVEL DOCUMENTS (&NO NEW APPLICATIONS) .-Jv,J///,I" ~r/I~ ../ ~ \eu-01~--v
~TRIAL SUPERVISION: 0 REGULAR 0 STRICT ~CTED
BY PRETRIAL SERVICES
0 DRUG TESTING/TREATMT AS DIRECTED BY PTS 0 MENTAL HEAL TH EVAL/TREATMT AS DIRECTED BY PTS
0 DEF. TO SUBMIT TO URINALYSIS; IF POSITIVE, ADD CONDITION OF DRUG TESTING/TREATMENT

0 HOME INCARCERATION 0 HOME DETENTION 0 CURFEW 0 ELECTRONIC MONITORING 0 GPS


0 DEF. TO PAY ALL OF PART OF COST OF LOCATION MONITORING, AS DETERMINED BY PRETRIAL SERVICES

0 DEF. TO CONTINUE OR SEEK EMPLOYMENT [OR] 0 DEF. TO CONTINUE OR START EDUCATION PROGRAM
0 DEF. NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON

0 D~TO BE DETAINED UNTIL ALL CONDITIONS ARE MET


~F. TO BE RELEASED ON OWN SIGNATURE, PLUS THE FOLLOWING CONDITIONS:-----~---­
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ;REMAINING CONDITIONS TO BE MET BY:+-5 - I j

ADDITIONAL CONDITIONS/ADDITIONAL PROCEEDINGS/COMMENTS:

- N0 UM ~d w \ti-.. c..<J ~ ~ s p ve<..J~V- ~


1 i Vt. C«tf ~
~~ fvU'flt-il{_ °D U\.../IA-~

0 DEF. ARRAIGNED; PLEADS NOT GUILTY 0 CONFERENCE BEFORE DJ. ON


0 DEF. WAIVES INDICTMENT -----
0 SPEEDY TRIAL TIME EXCLUDED UNDER 18 U.S.C. § 316l(h)(7) UNTIL - - - - -

For Rule 5(c)(3) Cases:


0 IDENTITY HEARING WAIVED 0 DEFENDANT TO BE REMOVED
0 PRELIMINARY HEARING IN SDNY WAIVED 0 CONTROL DATE FOR REMOVAL: - - - - -

PRELIMINARY HEARING DATE: 4-)..~- I :I


DATE: J°):bS" l \ ~
UNITED STATES MAGISTRATE JUDGE, S.D.N.Y.
~ (original)-COURT FILE £INK- U.S. ATTORNEY'S OFFICE ~-U.S. MARSHAL ~ - PRETRIAL SERVICES AGENCY
Rev'd 2016 IH - 2
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UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------X
:
UNITED STATES OF AMERICA :
: Notice of Appearance and
-v.- : Request for Electronic
: Notification
:
MICHAEL AVENATTI, :
: 19 Cr. 373 (PGG)
Defendant. :
:
------------------------------------------------------------------------X

TO: Clerk of Court


United States District Court
Southern District of New York

The undersigned attorney respectfully requests the Clerk to note his appearance in the

above-captioned cases and to add him as a Filing User to whom Notices of Electronic Filing will

be transmitted in these cases.

Respectfully submitted,

GEOFFREY S. BERMAN
United States Attorney for the
Southern District of New York

by: /s/ Matthew Podolsky


Matthew Podolsky
Assistant United States Attorney
(212) 637-1947
Case 1:19-cr-00373-PGG Document 10 Filed 05/24/19 Page 1 of 1

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

-against- ORDER

MICHAEL AVENATTI, 19 Cr. 3 73 (PGG)

Defendant.

PAUL G. GARDEPHE, U.S.D.J.:

It is hereby ORDERED that the Defendant will be arraigned on the

Indictment (Dkt. No. 8) in this action on Tuesday, May 28, 2019 at 3:30 p.m. in

Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square,

New York, New York.

Dated: New York, New York


May 23, 2019

Paul G. Gardephe
United States District Judge
Case 1:19-cr-00373-PGG Document 11 Filed 05/24/19 Page 1 of 1

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF NEW YORK
_____________________________________
UNITED STATES OF AMERICA, No. 19 Cr. 373 (PGG)
v. NOTICE OF APPEARANCE
MICHAEL AVENATTI,
Defendant.
____________________________________
TO THE CLERK OF COURT AND ALL PARTIES OF RECORD:
PLEASE TAKE NOTICE that Scott A. Srebnick of Scott A. Srebnick, P.A.,

with offices located at 201 South Biscayne Boulevard, Suite 1210, Miami, Florida,

33131, hereby appears as co-counsel on behalf of defendant Michael Avenatti.

I certify that I am admitted to practice in the Southern District of New York.

Dated: May 24, 2019


Miami, Florida

Respectfully Submitted,

By: S/ Scott A. Srebnick


Scott A. Srebnick, P.A.
201 South Biscayne Boulevard
Suite 1210
Miami, FL 33131
Telephone: (305) 285-9019
Facsimile: (305) 377-9937
E-mail: Scott@srebnicklaw.com
Case 1:19-cr-00373-PGG Document 12 Filed 05/28/19 Page 1 of 1
Case 1:19-cr-00373-PGG Document 13 Filed 05/30/19 Page 1 of 1
U.S. Department of Justice

United States Attorney


Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew’s Plaza
New York, New York 10007

May 30, 2019

BY ECF

The Honorable Paul G. Gardephe


United States District Judge
Southern District of New York
40 Foley Square
New York, New York 10007

Re: United States v. Michael Avenatti, 19 Cr. 373 (PGG)

Dear Judge Gardephe:

In an effort to expedite the production of discovery in this case, and to safeguard certain
sensitive and/or confidential material, the parties have agreed upon a proposed Protective Order to
govern discovery in this matter. A copy of the proposed Protective Order is enclosed for Your
Honor’s consideration. The Government intends to begin the production of discovery once a
Protective Order is entered.

Respectfully submitted,

GEOFFREY S. BERMAN
United States Attorney

By: /s/ Matthew Podolsky


Matthew Podolsky
Robert B. Sobelman
Assistant United States Attorneys
(212) 637-1947/2616

cc: Counsel of record (via ECF)


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AO 458 (Rev. 06/09) Appearance of Counsel

UNITED STATES DISTRICT COURT


for the
Southern District
__________ DistrictofofNew York
__________

United States of America )


Plaintiff )
v. ) Case No. 19 Cr. 373 (PGG)
Michael Avenatti )
Defendant )

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

United States of America .

Date: 05/30/2019 s/ Daniel C. Richenthal


Attorney’s signature

Daniel C. Richenthal
Printed name and bar number
U.S. Attorney's Office, Southern District of New York
One St. Andrew's Plaza
New York, NY 10007

Address

daniel.richenthal@usdoj.gov
E-mail address

(212) 637-2109
Telephone number

(212) 637-2615
FAX number
Case 1:19-cr-00373-PGG Document 15 Filed 05/31/19 Page 1 of 4
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Case 1:19-cr-00373-PGG Document 16 Filed 05/29/19 Page 1 of 8
Case 1:19-cr-00373-PGG Document 13-1 Filed 05/30/19 Page 1 of 8

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF NEW YORK
- - - -x

UNITED STATES OF AMERICA PROTECTIVE ORDER

- v. -
19 Cr. 373 (PGG)
MICHAEL AVENATTI,

Defendant.

-x
WHEREAS, the United States of America seeks to provide

certain evidence pursuant to Rule 16 of the Federal Rules of

Criminal Procedure; Title 18, United States Code, Section 3500;

Brady v. Maryland; and/or United States v. Giglio; and

WHEREAS, some material that the Government seeks to

provide (i) contains sensitive information that affects the

privacy and confidentiality of specific individuals, including

personally identifiable information, law enforcement sensitive

information {including references to potential subjects or

targets of investigation), and personal communications between

the defendant and individuals not named as defendants in this

criminal action; (ii) could jeopardize or impede, if prematurely

disclosed, the Government's ongoing criminal investigations of

additional uncharged individuals; and (iii) is not authorized to

be disclosed to the public or disclosed beyond that which is

necessary for the defense of this action; and

WHEREAS, the Government is willing, under the


Case 1:19-cr-00373-PGG Document 16 Filed 05/29/19 Page 2 of 8
Case 1:19-cr-00373-PGG Document 13-1 Filed 05/30/19 Page 2 of 8

conditions set forth below, to produce such materials;

IT IS HEREBY agreed, by and between the United States

of America, Geoffrey S. Berman, United States Attorney, by

Matthew Podolsky and Robert B. Sobelman, Assistant United States

Attorneys, of counsel, and defendant MICHAEL AVENATTI and

undersigned counsel for MICHAEL AVENATTI, that:

1. Any material reflecting (i) sensitive

identification information (including, but not limited to,

names, telephone numbers, addresses, email addresses, dates of

birth, Social Security numbers, bank account information, credit

card information, other sensitive financial information, and

driver's license information) or (ii) that the government

designates or has previously designated, as "Confidential

Information" (which may include but is not limited to

(a) material the disclosure of which the Government in good

faith believes could jeopardize any ongoing criminal

investigation or otherwise.prejudice the due administration of

justice or otherwise interfere with a fair trial, and (b) video

recordings, photographs, audio recordings, text and electronic

messages, and judicially authorized search warrants) is deemed

"Confidential Information" and shall be so identified by the

Government.

2. Confidential Information disclosed to the

defendant or to his counsel during the course of proceedings in


Case 1:19-cr-00373-PGG Document 16 Filed 05/29/19 Page 3 of 8
Case l:19-cr-00373-PGG Document 13-1 Filed 05/30/19 Page 3 of 8

this action:

(a) Shall be used by the defendant and his

counsel only for purposes of preparing for and conducting pre-

trial proceedings, trial, and/or any appeal of this action;

{bl Shall be maintained in a safe and secure

manner solely by the defendant 1 and his counsel, and the

Confidential Information and the contents thereof shall not be

disclosed or otherwise.shared in any form by the defendant or

his counsel except as set forth in paragraph 2{c), below;

(c) May be disclosed by the defendant or his

counsel only to the following persons (hereinafter "Designated

Persons") :

{i) investigative, secretarial, clerical,

and paralegal student personnel, or any interpreter or

translator, employed full-time or part-time by the defendant's

counsel;

(ii) independent expert witnesses,

investigators, or advisors retained by the defendant's counsel

in connection with this action;

(iii) potential witnesses, but only insofar

as defense counsel may show the Confidential Information to

1In the event that the defendant retains a copy of the


Confidential Information, he shall store such materials at his
primary residence in a secure manner and shall not take such
materials outside of his residence or otherwise share such
materials.
Case 1:19-cr-00373-PGG Document 16 Filed 05/29/19 Page 4 of 8
Case 1:19-cr-00373-PGG Document 13-1 Filed 05/30/19 Page 4 of 8

potential witnesses without these individuals retaining copies

of the Confidential Information; and

{iv) such other persons as hereafter may be

authorized by the Court upon motion by the defendant; and

(d) All documents subject to this Protective

Order must be destroyed or returned to the Government's

attorneys at such time as they are not needed in this action, at

the end of the criminal proceedings {including any appeal and

related applications for habeas corpus or any other collateral

relief), or upon Order of the Court, whichever occurs first.

3. The defendant and his counsel shall provide a

copy of this Order to Designated Persons to whom they disclose

Confidential Information pursuant to paragraph 2(c). Prior to

disclosure of Confidential Information to Designated Persons,

pursuant to paragraph 2(c), any such Designated Person shall

agree to be subject to the terms of this Order by signing a copy

hereof and providing such copy to the individual defendant's

counsel, who shall retain such copy.

4. No party shall disclose Confidential Information

to members of the media, nor sha·ll any party post any

Confidential Information on any Internet or network site (such

as Facebook, Twitter, Instagram, and other social networking and

media sites and applications) to which persons other than the

parties in this criminal action or Designated Persons have


Case 1:19-cr-00373-PGG Document 16 Filed 05/29/19 Page 5 of 8
Case 1:19-cr-00373-PGG Document 13-1 Filed 05/30/19 Page 5 of 8

access. The defendant and his counsel may not use, disclose, or

disseminate Confidential Information, or any information taken

from the Confidential Information, for any purpose other than in

connection with the defense of this criminal action.

5. The provisions of this Order shall not be

construed as preventing defense counsel in this case and in the

case of United States v. Michael Avenatti, 19 Cr. 374 (DAB),

from sharing Confidential Information with each other.

6. The provisions below apply to the public filing

of Confidential Information.

a. Except as set forth in sub-paragraph 6(b),

below, the provisions of this Protective Order shall not be

construed as preventing the disclosure of any information in any

motion, hearing, trial, or sentencing proceeding held in this

criminal action or to any judge or magistrate of this Court for

purposes of this criminal action, provided that personally

identifiable information or other sensitive information is

redacted, prior to any public filing, as required by the rules

governing publicly-filed documents in this district.

b. In order to prevent the public disclosure of

Confidential Information in circumstances in which the reasons

for non-disclosure of such information overcome the presumption

of public access to judicial documents, the defendant shall,

three business days prior to the due date of all substantive


Case 1:19-cr-00373-PGG Document 16 Filed 05/29/19 Page 6 of 8
Case 1:19-cr-00373-PGG Document 13-1 Filed 05/30/19 Page 6 of 8

motion papers and other substantive requests for relief, provide

to the Government copies of an exhibits containing Confidential

Information that the defendant intends to file. The Government

shall have one business day from receipt of the defendant's

exhibits within which to propose any redactions of such

Confidential Information in any proposed exhibit to such papers

or requests. For each proposed redaction, the Government shall

explain why the proposed redaction overcomes the presumption of

public access to judicial documents. The defense shall have two

business days from receipt of any proposed redactions within

which to consider and, if necessary, oppose those redactions.

If agreement is reached that the proposed redactions are

appropriate, the redacted exhibits shall be filed with the

defendant 1 s motion or other papers. If agreement cannot be

reached concerning the proposed redactions, the defendant shall

file his motion or other papers without exhibits, and the

dispute shall be submitted to the Court for resolution before

the exhibits in question are filed. This sub-paragraph applies

only to exhibits and not to any information included in a

memorandum of law, letter, or other request for relief. No

memorandum of law in support of a motion, letter, or other

request for relief need be redacted pursuant to this sub-

paragraph, even if it quotes, cites, or otherwise references

Confidential Information, provided that such quote, cite or


Case 1:19-cr-00373-PGG Document 16 Filed 05/29/19 Page 7 of 8

Case 1:19-cr-00373-PGG Document 13-1 Filed 05/30/19 Page 7 of 8

other reference is included in good faith in support of the

relief requested. If a motion, letter, or other request for

relief does not attach any exhibit containing Confidential

Information, this sub-paragraph does not apply. This sub-

paragraph does not apply to any exhibit that is obtained by a

defendant independently of the Government's production, even if

it is also contained in the Government's production. Eight

weeks before any trial in this action, this sub-paragraph will

cease to apply.

7. Any disputes regarding (i) the classification of

material as Confident'ial Information or (ii) any required

redaction, which cannot be resolved among the relevant parties,

should be brought to the Court for a ruling before any

disclosure not specifically permitted by this Protective Order

is made by any party.

Dated; New Y£rk, New York


May 2_1, 2019

SO ORDERED:

THE HO~~GARDEPHE
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF NEW YORK
Case 1:19-cr-00373-PGG Document 16 Filed 05/29/19 Page 8 of 8

Case 1:19-cr-00373-PGG Document 13-1 Filed 05/30/19 Page 8 of 8

Consent to Entry of Protective Order

I, Michael Avenatti, have read and reviewed the proposed


Protective Order in the case of United States v. Avenatti,
19 Cr. 373 (PGG), and I * _the entry of the Order.

f,3u-/7'
Michael Avenatti

I, Scott Srebnick, Esq., have read and reviewed the


proposed Protective Order in the case of United States v.
Avenatti, 19 Cr. 373 (PGG), and I consent to the entry of the
Order on behalf of my client, Michael Avenatti.

Ae/t4~
Scott Srebnick, Esq.
5'-JJ-l,
Attorney for Michael Avenatti