(03-25-2019 01:02 PM)RiceLad15 Wrote: (03-04-2019 04:01 PM)OptimisticOwl Wrote: (03-04-2019 01:05 PM)westsidewolf1989 Wrote: Looks like we've got 14 Democratic candidates so far, with Inslee and Hickenlooper entering the arena. Just three months or so from the purported first debate in June
John Hickenlooper
Jay Inslee
Elizabeth Warren
Kirsten Gillibrand
Cory Booker
Bernie Sanders
Amy Klobuchar
Kamala Harris
Julian Castro
Pete Buttigieg
Andrew Yang
John Delaney
Tulsi Gabbard
Marianne Williamson
Avenatti
My guess is we can scratch that name from the list of potential presidential nominees.
Looks like Avenatti basta'd up one tree too many, and when he tried to basta with Nike, they basta'd right back.
https://www.cnn.com/politics/live-news/m...index.html
Wow, kinda hard to figure out whom to root for in this one, but actually, I think I'm going to stick up for Avenatti. I fail to see how it fits the definition of extortion to bring a colorable claim to a potential defendant and offer to settle it:
Quote:18 USC 1951(b)(2): The term “extortion” means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
I could see "wrongful" if the underlying claim was BS and known by Avenatti as such, but I have zero doubt that there are, in fact, plenty of people out there with knowledge of Nike payments exactly like the ones Adidas was making. So, assuming Avenatti did enough due diligence to form a reasonable belief that his client had true information, it can't be extortion to take that to Nike and offer (even aggressively) to button it up in a nondisclosure agreement.
Now allegedly Avenatti additionally wanted a featherbedding arrangement whereby he would get paid way more than the client under the auspices of doing legal services for Nike. That could be a problem for him if he was never actually going to perform any legal services, but he'll say he was offering to, and can the government prove beyond a reasonable doubt to the contrary when the key element is Avenatti's own state of mind?
The fascinating part here is that the FBI/DOJ and Nike are undoubtedly extremely adverse parties -- Nike almost certainly is under investigation for doing the same stuff as Adidas -- but they found a temporary mutual interest in the midst of all that. Nike wants to deter a flood of lawyers seeking payment for nondisclosure agreements to hide Nike's wrongdoing. The FBI doesn't want to see evidence of Nike's wrongdoing start to disappear behind a flood of nondisclosure agreements. So they mutually agreed to try and stick Avenatti's head on a pike as a warning to all other lawyers. Just charging him will probably have that effect, even if the charges are legally flimsy. But that flimsiness could actually give rise to a malicious prosecution claim by Avenatti at some point down the road.
And on yet another level, both the FBI and Nike have obviously gotten sideways with Trump (the FBI for obvious reasons, Nike for the Kaepernick imbroglio) and could see some mutual benefit in antagonizing a high-profile Trump enemy to buy them some goodwill of some sort.