NEW YORK _ Michael Avenatti argued the "just do it" defense Tuesday at the conclusion of his trial for attempting to extort Nike.
Avenatti, who became famous by representing porn star Stormy Daniels in legal battles with President Donald Trump, is accused of demanding more than $20 million from Nike or he'd hold a news conference revealing allegations the company secretly paid college basketball prospects. Prosecutors say he kept his client in the dark about his hardball tactics.
But defense attorney Howard Srebnick said in closing arguments in Manhattan Federal Court that Avenatti was simply being the bulldog advocate his client wanted.
"In the words of Nike itself, he went in there to 'just do it' for his client," Srebnick said.
"For them to say they were not expecting Mr. Avenatti to be Mr. Avenatti, is that credible to you?"
Avenatti's client was Gary Franklin, a prominent youth basketball coach who claims Nike execs ordered him to pay the families of prominent young basketball players in cash. Rather than honor Franklin's wishes to avoid publicity, Avenatti threatened Nike with a media maelstrom to score a quick, massive payout, Assistant U.S. Attorney Matthew Podolsky said. Avenatti saw the coach as a means to repay debts of nearly $11 million, the prosecutor argued.
"That's what this case is about _ a betrayal of trust and a shakedown," Podolsky said.
"This was about getting out from under this debt."
Avenatti was caught on wiretaps demanding Nike hire him for an internal investigation costing more than $20 million. Avenatti also suggested paying $22.5 million to him and the coach to make them "ride off into the sunset."
"... I'll go take $10 billion off your client's market cap. But I'm not (expletive) around," Avenatti barked.
Secret payments from shoe companies in the elite youth basketball world are a violation of NCAA rules and have been prosecuted as crimes. Another celebrity attorney, Mark Geragos, also represented Franklin in the talks but has not been charged.
Podolsky summed up Avenatti's offer as "either hire me for millions or pay me even more."
"Don't pay him? He takes Franklin's information public. That is a request for a bribe. And it is a crime," Podolsky said.
Avenatti is charged with honest services fraud and extortion. He's separately accused in the same courthouse of swindling Daniels out of $300,000 for a book deal. He is also charged in Los Angeles with embezzling money from his clients, lying in bankruptcy proceedings and other financial crimes.
The Nike talks, however fraught they were, did not cross a legal line, Srebnick said.
"Simply going in there saying, 'Mother May I' wasn't going to do it," he said. "That was his style. But using those four-letter words don't make it extortion."
