Michael Avenatti, once a high-profile lawyer known for representing adult film star Stormy Daniels in her legal battles with Donald Trump, has been resentenced to over 11 years in prison for tax evasion and stealing millions from his clients.
U.S. District Judge James V. Selna handed down a 135-month sentence on Thursday but credited Avenatti with 40 months already served for a previous conviction involving nearly $300,000 stolen from Daniels’ book advance. With credit for time served, Avenatti now faces nearly eight additional years behind bars.
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“Avenatti has done many noble and good things in his life… but he’s also done great evil for which he must answer,” Selna said during the hearing. “His actions in this case… show an abandonment of some of the most basic principles of fairness.”
Avenatti had pleaded guilty in June 2022 to four counts of wire fraud and one count of obstructing IRS efforts to collect payroll taxes from his now-defunct Seattle coffee business.
Among his victims was Geoffrey Ernest Johnson, a paraplegic man on disability. The judge ordered Avenatti to pay around $9 million in restitution to at least 10 victims, including the IRS and the State Bar of California.
Appearing in court in a gray sweatshirt and sweatpants, Avenatti was originally sentenced to 14 years in 2022. But after appealing, the 9th U.S. Circuit Court of Appeals overturned the ruling, citing sentencing errors — including overstating the losses to victims — and ordered a new hearing.
Federal prosecutors had requested a sentence just over 13 years, while Avenatti argued for a little over three years.
Judge Selna initially floated a 10-year sentence, citing Avenatti’s efforts to help fellow inmates as a suicide watch companion and tutor. However, Assistant U.S. Attorney Brett Sagel pushed back, calling that proposal “unjust” and insisting Avenatti remained unrepentant.
“He is the same unrepentant person who will say or do anything whether truthful or not, if it benefits him,” Sagel said. “He has not changed in the least.”
Avenatti’s public defender, Margaret Farrand, described him as someone who has always wanted to make a difference. “This is part of who he is… a person that has a good heart and wants to help the world in some way,” she said, pointing to his behavior in prison as proof of that side of him.
But one emotional testimony shifted the courtroom. Alexis Gardner, a former client, spoke about how Avenatti stole her $2.75 million settlement from NBA player Hassan Whiteside. Avenatti used the money to buy a private jet while Gardner struggled financially.
Trembling as she spoke, Gardner said, “Eight years ago, I expected a life-changing settlement… Instead, Mr. Avenatti misappropriated my funds, and he dictated my fate without my consent.”
Calling him a “legal predator,” Gardner told the judge that without Avenatti’s theft, she could have been a homeowner with savings and stability.
“I think you should give him the most that you can give him because it protects people who are not equipped to fight these legal battles,” she said.
When Avenatti addressed the court, he expressed regret. “If I could change the past, I would,” he said. “All I can do is try to move forward in a positive way.”
After the hearing, Sagel acknowledged the lengthy sentence, saying, “I’m pretty sure he doesn’t see this as a victory, doing double digits in jail.”
It remains unclear exactly when Avenatti will be released, but as the hearing ended, he seemed to signal he’s not done with the legal fight.
“We’ll be back,” he said.
