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| | In 2017, a Florida man named Gerald Tobin alleged Avenatti failed to pay him $28,700 for private investigatory work. As a result, Avenatti's firm was abruptly forced into bankruptcy.<ref name="edition.cnn.com">{{cite web|url=https://edition.cnn.com/2018/06/01/politics/avenatti-bankruptcy-lawsuit-stormy/index.html|title=Exclusive: How a 'nobody' ex-con pushed Avenatti law firm into bankruptcy}}</ref> Tobin's claim caused Avenatti to cancel a deposition in an unrelated lawsuit days later, raising the question of collusion between Avenatti and Tobin. The issue was resolved when the pair entered into a Non-Disclosure Agreement, and Avenatti paid Tobin the $28,700.<ref name="edition.cnn.com"/> | | In 2017, a Florida man named Gerald Tobin alleged Avenatti failed to pay him $28,700 for private investigatory work. As a result, Avenatti's firm was abruptly forced into bankruptcy.<ref name="edition.cnn.com">{{cite web|url=https://edition.cnn.com/2018/06/01/politics/avenatti-bankruptcy-lawsuit-stormy/index.html|title=Exclusive: How a 'nobody' ex-con pushed Avenatti law firm into bankruptcy}}</ref> Tobin's claim caused Avenatti to cancel a deposition in an unrelated lawsuit days later, raising the question of collusion between Avenatti and Tobin. The issue was resolved when the pair entered into a Non-Disclosure Agreement, and Avenatti paid Tobin the $28,700.<ref name="edition.cnn.com"/> |
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| − | In 2018, Avenatti's law firm was subjected to a $10 million judgment in U.S. bankruptcy court.<ref name = "Finnegan"/> Avenatti has also defaulted on a $440,000 judgment in back taxes, penalties, and interest that he was personally obligated to pay under another bankruptcy settlement. The U.S. Attorney's office asserted in court that a motion seeking payment would soon be filed against Avenatti.<ref name="Finnegan">{{cite news|url=http://www.latimes.com/politics/la-na-pol-avenatti-bankruptcy-20180522-story.html|title=Law firm of Stormy Daniels' attorney hit with $10-million judgment|last=Finnegan|first=Michael|date=May 22, 2018|work=[[Los Angeles Times]]|accessdate=}}</ref> Eagan Avenatti LLP had been in Chapter 11 bankruptcy proceedings and, in December 2017, had agreed to pay $4.8 million in unpaid fees to a former partner, $2 million in back taxes, and $1 million to other creditors.<ref>{{cite web|url=https://www.law360.com/articles/1023444/judge-oks-eagan-avenatti-s-exit-from-ch-11|title=Judge OKs Eagan Avenatti's Exit From Ch. 11|last1=Bolado|first1=Carolina|publisher=Lexis Law 360|accessdate=19 March 2018}}</ref> In June 2018, the former partner filed a motion in U.S. bankruptcy court asking for a lien on any and all legal fees Avenatti's firm might collect, up to $10 million, from clients in 54 cases including his representation of Stormy Daniels.<ref>{{cite news |title=Lawyer moves to seize Stormy Daniels' crowdfunding cash in Avenatti spat |url=http://www.latimes.com/politics/la-na-pol-stormy-daniels-avenatti-20180613-story.html |accessdate=|publisher=Los Angeles Times}}</ref> | + | In 2018, Avenatti's law firm was subjected to a $10 million judgment in U.S. bankruptcy court.<ref name = "Finnegan"/> Avenatti has also defaulted on a $440,000 judgment in back taxes, penalties, and interest that he was personally obligated to pay under another bankruptcy settlement. The U.S. Attorney's office asserted in court that a motion seeking payment would soon be filed against Avenatti.<ref name="Finnegan">{{cite news|url=https://www.latimes.com/politics/la-na-pol-avenatti-bankruptcy-20180522-story.html|title=Law firm of Stormy Daniels' attorney hit with $10-million judgment|last=Finnegan|first=Michael|date=May 22, 2018|work=[[Los Angeles Times]]|accessdate=}}</ref> Eagan Avenatti LLP had been in Chapter 11 bankruptcy proceedings and, in December 2017, had agreed to pay $4.8 million in unpaid fees to a former partner, $2 million in back taxes, and $1 million to other creditors.<ref>{{cite web|url=https://www.law360.com/articles/1023444/judge-oks-eagan-avenatti-s-exit-from-ch-11|title=Judge OKs Eagan Avenatti's Exit From Ch. 11|last1=Bolado|first1=Carolina|publisher=Lexis Law 360|accessdate=19 March 2018}}</ref> In June 2018, the former partner filed a motion in U.S. bankruptcy court asking for a lien on any and all legal fees Avenatti's firm might collect, up to $10 million, from clients in 54 cases including his representation of Stormy Daniels.<ref>{{cite news |title=Lawyer moves to seize Stormy Daniels' crowdfunding cash in Avenatti spat |url=https://www.latimes.com/politics/la-na-pol-stormy-daniels-avenatti-20180613-story.html |accessdate=|publisher=Los Angeles Times}}</ref> |
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| | In November 2018, Stormy Daniels claimed that Avenatti filed a lawsuit on her behalf without her consent.<ref>Kirkwood, R. Cort (November 29, 2018). [https://www.thenewamerican.com/usnews/politics/item/30780-avenatti-s-troubles-gets-worse-porn-queen-didn-t-want-to-sue-trump Avenatti’s Troubles Gets Worse, Porn Queen Didn’t Want To Sue Trump]. ''The New American''. Retrieved November 29, 2018.</ref><ref>Morton, Victor (November 28, 2018). [https://www.washingtontimes.com/news/2018/nov/28/stormy-daniels-says-michael-avenatti-filed-trump-d/ Stormy Daniels says Michael Avenatti filed Trump defamation lawsuit without telling her]. ''The Washington Times''. Retrieved November 29, 2018.</ref> | | In November 2018, Stormy Daniels claimed that Avenatti filed a lawsuit on her behalf without her consent.<ref>Kirkwood, R. Cort (November 29, 2018). [https://www.thenewamerican.com/usnews/politics/item/30780-avenatti-s-troubles-gets-worse-porn-queen-didn-t-want-to-sue-trump Avenatti’s Troubles Gets Worse, Porn Queen Didn’t Want To Sue Trump]. ''The New American''. Retrieved November 29, 2018.</ref><ref>Morton, Victor (November 28, 2018). [https://www.washingtontimes.com/news/2018/nov/28/stormy-daniels-says-michael-avenatti-filed-trump-d/ Stormy Daniels says Michael Avenatti filed Trump defamation lawsuit without telling her]. ''The Washington Times''. Retrieved November 29, 2018.</ref> |
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| | When the Committee investigated the allegations, Avenatti made materially false and misleading claims to the Committee Counsel. The third accuser, Julie Swetnik, a former client of Debra Katz, made a sworn statement to the Committee on September 23. | | When the Committee investigated the allegations, Avenatti made materially false and misleading claims to the Committee Counsel. The third accuser, Julie Swetnik, a former client of Debra Katz, made a sworn statement to the Committee on September 23. |
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| − | Swetnik made graphic allegations about high school parties that Brett Kavanaugh supposedly attended, but without any specific accusation based on personal knowledge of any wrongdoing against Kavanaugh himself. One enormous flaw in this third allegation: 60 classmates of Kavanaugh have signed a letter saying they have never met this woman who claims she was at all these parties.<ref>https://www.thegatewaypundit.com/2018/09/60-classmates-of-kavanaugh-sign-letter-saying-they-have-never-met-creepy-porn-lawyers-client-julie-swetnick/</ref> Many other inconsistencies and credibility issues arose.<ref>Kirkwood, R. Cort (September 27, 2018). [https://www.thenewamerican.com/usnews/politics/item/30185-gang-rape-accuser-s-story-too-fantastic-to-be-true Gang-Rape Accuser’s Story Too Fantastic to be True?] ''The New American''. Retrieved September 27, 2018.</ref><ref>Kirkwood, R. Cort (September 27, 2018). [https://www.thenewamerican.com/usnews/politics/item/30187-avenatti-and-client-have-credibility-problems Avenatti and Client Have Credibility Problems]. ''The New American''. Retrieved September 27, 2018.</ref><ref>Nolte, John (October 3, 2018). [https://www.breitbart.com/big-government/2018/10/03/nolte-28-reasons-julie-swetnicks-kavanugh-allegations-are-total-garbage/ Nolte: 28 Reasons Julie Swetnick’s Kavanugh Allegations Are Total Garbage]. ''Breitbart News''. Retrieved October 3, 2018.</ref> For example, she was revealed to have been in later college years while Kavanaugh was in his early high school years.<ref>Pollak, Joel B. (September 26, 2018). [https://www.breitbart.com/big-government/2018/09/26/questions-about-julie-swetnick-claims-she-was-in-college-when-brett-kavanaugh-was-in-high-school/ Questions About Julie Swetnick’s Claims: She Was in College When Brett Kavanaugh Was in High School]. ''Breitbart News''. Retrieved September 26, 2018.</ref> ''The New York Times'' tried but failed to corroborate the allegation.<ref name="LiveUpdates">[https://www.breitbart.com/big-government/2018/09/26/live-updates-avenatti-circus-throws-brett-kavanaugh-confirmation-into-chaos/ Live Updates: Avenatti Circus Throws Brett Kavanaugh Confirmation into Chaos]. ''Breitbart News''. September 26, 2018. Retrieved September 26, 2018.</ref> It was soon discovered that the accuser had a troubled past,<ref>Caputo, Marc; Korecki, Natasha (September 26, 2018). [https://www.politico.com/story/2018/09/26/ex-boyfriend-filed-restraining-order-against-kavanaugh-accuser-845348 Ex-boyfriend filed restraining order against third Kavanaugh accuser]. ''Politico''. Retrieved September 26, 2018.</ref><ref>Kunzelman, Michael; Biesecker, Michael; Mendoza, Martha (September 30, 2018). [https://www.washingtontimes.com/news/2018/sep/30/julie-swetnick-has-extensive-legal-history/ Third Kavanaugh accuser has extensive legal history]. ''The Washington Times'' (from the ''Associated Press''). Retrieved September 30, 2018.</ref> and she had sued one of her employers for "sexual harassment" using Ford's lawyer's firm.<ref>Pappas, Alex (September 26, 2018). [http://www.foxnews.com/politics/2018/09/26/republicans-stand-by-kavanaugh-as-details-on-avenattis-new-client-emerge.html Republicans stand by Kavanaugh as details on Avenatti's new client emerge]. ''Fox News''. Retrieved September 27, 2018.</ref><ref>Kirkwood, R. Cort (September 27, 2018). [https://www.thenewamerican.com/usnews/politics/item/30190-gang-rape-accuser-shook-down-new-york-life-lawyer-was-debra-katz Gang-rape Accuser Shook Down New York Life, Lawyer Was Debra Katz]. ''The New American''. Retrieved September 27, 2018.</ref> She was sued in 2000 for making false sexual misconduct allegations.<ref>Pollak, Joel B. (September 30, 2018). [https://www.breitbart.com/big-government/2018/09/30/third-brett-kavanaugh-accuser-was-sued-in-2000-for-false-allegations-of-sexual-misconduct/ Third Brett Kavanaugh Accuser Was Sued in 2000 for False Allegations of Sexual Misconduct]. ''Breitbart News''. Retrieved September 30, 2018.</ref><ref>Kirkwood, R. Cort (October 1, 2018). [https://www.thenewamerican.com/usnews/item/30209-kavanaugh-accuser-face-sexual-harassment-lawsuit-tried-to-shake-down-d-c-metro Third Kavanaugh Accuser Faced Sexual Harassment Lawsuit, Tried to Shake Down D.C. Metro]. ''The New American''. Retrieved October 1, 2018.</ref> | + | Swetnik made graphic allegations about high school parties that Brett Kavanaugh supposedly attended, but without any specific accusation based on personal knowledge of any wrongdoing against Kavanaugh himself. One enormous flaw in this third allegation: 60 classmates of Kavanaugh have signed a letter saying they have never met this woman who claims she was at all these parties.<ref>https://www.thegatewaypundit.com/2018/09/60-classmates-of-kavanaugh-sign-letter-saying-they-have-never-met-creepy-porn-lawyers-client-julie-swetnick/</ref> Many other inconsistencies and credibility issues arose.<ref>Kirkwood, R. Cort (September 27, 2018). [https://www.thenewamerican.com/usnews/politics/item/30185-gang-rape-accuser-s-story-too-fantastic-to-be-true Gang-Rape Accuser’s Story Too Fantastic to be True?] ''The New American''. Retrieved September 27, 2018.</ref><ref>Kirkwood, R. Cort (September 27, 2018). [https://www.thenewamerican.com/usnews/politics/item/30187-avenatti-and-client-have-credibility-problems Avenatti and Client Have Credibility Problems]. ''The New American''. Retrieved September 27, 2018.</ref><ref>Nolte, John (October 3, 2018). [https://www.breitbart.com/big-government/2018/10/03/nolte-28-reasons-julie-swetnicks-kavanugh-allegations-are-total-garbage/ Nolte: 28 Reasons Julie Swetnick’s Kavanugh Allegations Are Total Garbage]. ''Breitbart News''. Retrieved October 3, 2018.</ref> For example, she was revealed to have been in later college years while Kavanaugh was in his early high school years.<ref>Pollak, Joel B. (September 26, 2018). [https://www.breitbart.com/big-government/2018/09/26/questions-about-julie-swetnick-claims-she-was-in-college-when-brett-kavanaugh-was-in-high-school/ Questions About Julie Swetnick’s Claims: She Was in College When Brett Kavanaugh Was in High School]. ''Breitbart News''. Retrieved September 26, 2018.</ref> ''The New York Times'' tried but failed to corroborate the allegation.<ref name="LiveUpdates">[https://www.breitbart.com/big-government/2018/09/26/live-updates-avenatti-circus-throws-brett-kavanaugh-confirmation-into-chaos/ Live Updates: Avenatti Circus Throws Brett Kavanaugh Confirmation into Chaos]. ''Breitbart News''. September 26, 2018. Retrieved September 26, 2018.</ref> It was soon discovered that the accuser had a troubled past,<ref>Caputo, Marc; Korecki, Natasha (September 26, 2018). [https://www.politico.com/story/2018/09/26/ex-boyfriend-filed-restraining-order-against-kavanaugh-accuser-845348 Ex-boyfriend filed restraining order against third Kavanaugh accuser]. ''Politico''. Retrieved September 26, 2018.</ref><ref>Kunzelman, Michael; Biesecker, Michael; Mendoza, Martha (September 30, 2018). [https://www.washingtontimes.com/news/2018/sep/30/julie-swetnick-has-extensive-legal-history/ Third Kavanaugh accuser has extensive legal history]. ''The Washington Times'' (from the ''Associated Press''). Retrieved September 30, 2018.</ref> and she had sued one of her employers for "sexual harassment" using Ford's lawyer's firm.<ref>Pappas, Alex (September 26, 2018). [https://www.foxnews.com/politics/2018/09/26/republicans-stand-by-kavanaugh-as-details-on-avenattis-new-client-emerge.html Republicans stand by Kavanaugh as details on Avenatti's new client emerge]. ''Fox News''. Retrieved September 27, 2018.</ref><ref>Kirkwood, R. Cort (September 27, 2018). [https://www.thenewamerican.com/usnews/politics/item/30190-gang-rape-accuser-shook-down-new-york-life-lawyer-was-debra-katz Gang-rape Accuser Shook Down New York Life, Lawyer Was Debra Katz]. ''The New American''. Retrieved September 27, 2018.</ref> She was sued in 2000 for making false sexual misconduct allegations.<ref>Pollak, Joel B. (September 30, 2018). [https://www.breitbart.com/big-government/2018/09/30/third-brett-kavanaugh-accuser-was-sued-in-2000-for-false-allegations-of-sexual-misconduct/ Third Brett Kavanaugh Accuser Was Sued in 2000 for False Allegations of Sexual Misconduct]. ''Breitbart News''. Retrieved September 30, 2018.</ref><ref>Kirkwood, R. Cort (October 1, 2018). [https://www.thenewamerican.com/usnews/item/30209-kavanaugh-accuser-face-sexual-harassment-lawsuit-tried-to-shake-down-d-c-metro Third Kavanaugh Accuser Faced Sexual Harassment Lawsuit, Tried to Shake Down D.C. Metro]. ''The New American''. Retrieved October 1, 2018.</ref> |
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| − | As with the previous allegations, dozens of women rallied to Judge Kavanaugh's defense, with sixty of them signing a letter affirming he had a good character in high school.<ref>Dedaj, Paulina (September 26, 2018). [http://www.foxnews.com/politics/2018/09/26/kavanaugh-backed-by-60-who-attended-georgetown-prep-sister-schools.html Kavanaugh backed by 60 who attended Georgetown Prep, sister schools]. ''Fox News''. Retrieved September 27, 2018.</ref> | + | As with the previous allegations, dozens of women rallied to Judge Kavanaugh's defense, with sixty of them signing a letter affirming he had a good character in high school.<ref>Dedaj, Paulina (September 26, 2018). [https://www.foxnews.com/politics/2018/09/26/kavanaugh-backed-by-60-who-attended-georgetown-prep-sister-schools.html Kavanaugh backed by 60 who attended Georgetown Prep, sister schools]. ''Fox News''. Retrieved September 27, 2018.</ref> |
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| − | Observers noted that "Michael Avenatti managed to make it all about him."<ref>Kurz, Howard (September 27, 2018). [http://www.foxnews.com/politics/2018/09/27/avenatti-orchestrates-coverage-while-unveiling-third-kavanaugh-accuser.html Avenatti orchestrates coverage while unveiling third Kavanaugh accuser]. ''Fox News''. Retrieved September 27, 2018.</ref> Avenatti refused to cooperate with Committee requests for information and FBI ultimately did not contact him. | + | Observers noted that "Michael Avenatti managed to make it all about him."<ref>Kurz, Howard (September 27, 2018). [https://www.foxnews.com/politics/2018/09/27/avenatti-orchestrates-coverage-while-unveiling-third-kavanaugh-accuser.html Avenatti orchestrates coverage while unveiling third Kavanaugh accuser]. ''Fox News''. Retrieved September 27, 2018.</ref> Avenatti refused to cooperate with Committee requests for information and FBI ultimately did not contact him. |
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| | Later, in an NBC interview, Swetnick contradicted the main points of her accusation, stating this time that she did not actually see Kavanaugh "spike punch" despite originally saying she had a "firm recollection" that he did.<ref>Shaw, Adam (October 2, 2018). [https://www.foxnews.com/politics/kavanaugh-accuser-swetnick-faces-credibility-questions-amid-changing-story-details-from-past Kavanaugh accuser Swetnick faces credibility questions amid changing story, details from past]. ''Fox News''. Retrieved October 2, 2018.</ref><ref>Kirkwood, R. Cort (October 2, 2018). [https://www.thenewamerican.com/usnews/politics/item/30219-swetnick-i-didn-t-see-kavanaugh-spike-punch-boyfriend-i-don-t-believe-her Swetnick: I Didn’t See Kavanaugh Spike Punch; Ex Boyfriend: “I Don’t Believe Her”]. ''The New American''. Retrieved October 2, 2018.</ref> Avenatti's smear was seen as helping, rather than hurting, Kavanaugh because of how ridiculous a claim it made.<ref>Kirkwood, R. Cort (October 8, 2018). [https://www.thenewamerican.com/usnews/item/30261-democrats-avenatti-gang-rape-nonsense-blew-it-for-us Democrats: Avenatti Gang Rape Nonsense Blew It for Us]. ''The New American''. Retrieved October 8, 2018.</ref> | | Later, in an NBC interview, Swetnick contradicted the main points of her accusation, stating this time that she did not actually see Kavanaugh "spike punch" despite originally saying she had a "firm recollection" that he did.<ref>Shaw, Adam (October 2, 2018). [https://www.foxnews.com/politics/kavanaugh-accuser-swetnick-faces-credibility-questions-amid-changing-story-details-from-past Kavanaugh accuser Swetnick faces credibility questions amid changing story, details from past]. ''Fox News''. Retrieved October 2, 2018.</ref><ref>Kirkwood, R. Cort (October 2, 2018). [https://www.thenewamerican.com/usnews/politics/item/30219-swetnick-i-didn-t-see-kavanaugh-spike-punch-boyfriend-i-don-t-believe-her Swetnick: I Didn’t See Kavanaugh Spike Punch; Ex Boyfriend: “I Don’t Believe Her”]. ''The New American''. Retrieved October 2, 2018.</ref> Avenatti's smear was seen as helping, rather than hurting, Kavanaugh because of how ridiculous a claim it made.<ref>Kirkwood, R. Cort (October 8, 2018). [https://www.thenewamerican.com/usnews/item/30261-democrats-avenatti-gang-rape-nonsense-blew-it-for-us Democrats: Avenatti Gang Rape Nonsense Blew It for Us]. ''The New American''. Retrieved October 8, 2018.</ref> |