August
2021

A report on where
things
stand



Mistrial Declared in Avenatti’s Trial for Wire Fraud in Central District of California …Girardi Moves Into Care Facility As Proceedings Against Him Continue…Layfield Is Convicted of Stealing From Clients, Tax Cheating, Faces Nov. 8 Sentencing



Judges, Lawyers Under Scrutiny


Michael J. Avenatti
Attorney/Convict

Michael J. Avenatti

Trial in the U.S. District Court of the Central District of California in the case of one-time prominent and monied Los Angeles attorney Michael J. Avenatti came to a halt on Aug. 24 when Senior Judge James Selna declared a mistrial because prosecutors withheld potentially exculpatory financial data gleaned from from his law firm’s servers.o:p>

A new trial was tentatively set for Oct. 12. He is facing 10 counts of wire fraud in connection with allegedly siphoning nearly $10 million in client funds.o:p>

On July 8, Avenatti was sentenced to two-and-a-half years in prison by U.S. District Court Judge Paul G. Gardephe of the Southern District of New York on attempted extortion and wire fraud counts. o:p>

Avenatti is in home confinement in the Venice, Calif. abode of a friend, Jay Manheimer.o:p>

State Bar disciplinary charges were filed July 29, 2019, but proceedings were abated on Sept. 17 of last year in light of pending charges before Selna based on allegedly cheating clients and committing bankruptcy fraud. In light of the conviction in the case tried in New York. However, State Bar proceedings against him are relegated to little significance, with it looming as a virtual certainty that he will ultimately be disbarred. He is under suspension based on his conviction.o:p>

The case tried before a jury in Gardephe’s courtroom stemmed from Avenatti’s effort to exact a sum of about $25 million from Nike by threatening to blacken its reputation in litigation if it did not comply.o:p>

Avenatti is also charged in U.S. District Court for the Southern District of New York with cheating former client Stormy Daniels, a porn star, out of $300,000. The money Avenatti is accused of taking was an advance to Daniels in connection with her book, “Full Disclosure,” in which she tells of her affair with then-President Donald Trump. Avenatti allegedly forged her signature on a letter to her literary agent, directing that payments be sent to a bank account he controlled.o:p>

The lawyer handled a number of high-profile cases, including representation of Daniels—whose actual name is Stephanie Clifford—in her actions against then-President Donald Trump in an effort to skirt a 2016 nondisclosure agreement she signed in connection with a $130,000 pay-off to her for agreeing not to talk publicly of their affair in 2006. He also handled her action against the then-president for defamation.o:p>

He is a litigant in a dissolution of marriage case in Orange Superior Court. In October, he was granted visitation rights with his son, age 6.

Thomas V. Girardi
Former Practicing Lawyer

Thomas V. Girardi

The one-time prominent trial lawyer, 82, has moved from his Pasadena mansion into an assisted living facility.

Girardi was placed on involuntary inactive status by the State Bar on March 9. Disciplinary charges were filed March 30 alleging 14 counts involving the large-scale cheating of clients.

He has been placed in a conservatorship based on short-term memory loss, is being sued for divorce by his wife, actress/singer Erika Jayne, is in bankruptcy proceedings, and is facing litigation involving millions of dollars.

However, he now professes a lack of assets, saying in court papers last year:

“At one point I had about $80 million or $50 million in cash. That’s all gone. I don’t have any money.” The trustee in the bankruptcy of Girardi’s dissolved law firm, Girardi | Keese, is seeking $25 million from Jayne, asserting she knew that funds for gifts and “glam” services lavished on her were derived from settlements stolen from her husband’s clients.

Philip James Layfield
Disbarred Attorney, Accused Felon, Truck Driver

Disbarred lawyer Philip James Layfield is facing a Nov. 8 sentencing hearing after being being convicted last Friday by a jury in the U.S. District Court for the Central District of California of 22 felonies. He faces a statutory maximum sentence of more than 200 years in prison.

Layfield was convicted on 19 counts of wire fraud, one count of mail fraud, one count of tax evasion, one count of failure to collect and pay over payroll taxes, and one misdemeanor charge of failure to file a tax return and was remanded into federal custody. The 13-day trial took place in the courtroom of Judge Michael W. Fitzgerald,

As federal investigators closed in on him in 2017, Layfield fled to Costa Rica in June of that year, was in the United States for two days in October 2017, returned to Costa Rica, and came back to the U.S. on Feb. 19, 2018. He was arrested in New Jersey one week later and was indicted here on March 9, 2018.

The prosecution began in connection with Layfield having pocketed settlement funds belonging to Josephine Nguyen, who was a client of the then-firm of Layfield & Barrett. She was to receive 60 percent of a $3.9 million settlement of her personal injury claim, amounting to $2.3 million.

A superseding indictment expanded the scope of the prosecution to include tax evasion and fraud for 2016 and 2017. As Layfield’s lawyer, Anthony M. Solis, summed up the charges, in a memorandum of points and authorities filed in July, the superseding indictment “alleges a broad scheme perpetrated by defendant Philip Layfield to, essentially, fleece his clients of their settlement funds, cheat attorneys out of their agreed-upon referral fees and fail to honor various tax obligations owed to the United States.”


Judiciary: Vacancies, Appointments




Ninth U.S. Circuit Court of Appeals

There are four upcoming vacancies on the 29-member court. Judges Marsha S. Berzon, 76, William A. Fletcher, 75, Susan Graber, 71, and Richard A. Paez, 74, will be assuming senior status, on a date to be determined.

 

There are six vacancies, to be filled by President Joseph Biden—with no nominees for the spots—and one upcoming vacancy.

•The latest vacancy was created when Judge James V. Selna took senior status on March 4, 2020.

•A vacancy was created July 5, 2019, when Judge Andrew J. Guilford went on senior status.

•Judge Manuel Real assumed senior status on Nov. 4, 2018, after 52 years on the bench, and died June 26, 2019.

•Judge Beverly Reid O’Connell died Oct. 8, 2017, at the age of 52.

•Judge Christina A. Snyder took senior status Nov. 23, 2016.

•Judge Margaret Morrow went on senior status Oct. 29, 2015, and subsequently left the bench to become president and chief executive of Public Counsel, a post from which she has departed.

District Court Judge Virginia Phillips, a former chief judge, is set to retire on Feb. 14, on her 65th birthday. That is the first day she will be eligible to retire with full benefits.



There are no vacancies

Second District

There are four vacancies. A presiding justice, Tricia Bigalow of Div. Eight, and two associate justices—Laurie Zelon of Div. Seven and Halim Dhanidina of Div. Three—retired, and Jeffrey Johnson of Div. One was removed by the Commission on Judicial Performance.

Court of Appeal Justice Frank J. Menetrez of the Fourth District’s Div. Two has apllied for a transfer to this district. Others under consideration for appointment here is former Los Angeles County Bar Association President Rex Heinke, 71. Should Gov. Gavin Newsom be recalled, it is anticipated he will fill all vacancies between the time of his election and exiting office.

Sitting on assignment until Sept. 30 is Santa Barbara Superior Court Judge Brian E. Hill.


Los Angeles County

There are no upcoming retirements.



 

 

 


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