Avenatti filed a motion to dismiss his case where Nike has claims that Avenatti tried to extort $20 million from them.  in the document Avenatti’s attorney’s claim this Memorandum of Law in support of his Motion to Dismiss Indictment for Failure to State an Offense and Because the Extortion Statues are Vague-as -Applied.
In the file it states that The Indictment should be dismissed in its entirety for two interrelated reasons. First, the Indictment fails to state an offense because the conduct, as alleged, is not “wrongful” under either 18 U.S.C. §875(d) or 18 U.S.C. §1951; instead, it describes conduct that is carved out from prosecution by prevailing extortion jurisprudence and protected by the First Amendment. Second, the extortion statutes are vague-as -applied to Mr. Avenatti because they do not provide sufficient notice to an attorney that he/she may be prosecuted for threatening to truthfully expose misconduct directly related to his client’s claims for legal and equitable relief.
The said purpose of this:
Mr. Avenatti accepts as true the Indictment’s allegations that he threatened and intended to cause reputational damage and serious economic harm to Nike by conducting a press conference to expose Nike’s misconduct if Nike did not meet Mr. Avenatti’s settlement demands. The “Extortion Scheme” section of the Indictment details the evolution of the settlement discussions among Mr. Avenatti, CC-1 and Nike attorneys over the course of a three-day period from March 19-21, 2019.
You can read the filing!
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