Case 8:19-cr-00061-JVS Document 140 Filed 04/10/20 Page 1 of 7 Page ID #:2397

1 NICOLA T. HANNA
United States Attorney
2 BRANDON D. FOX
Assistant United States Attorney
3 Chief, Criminal Division
JULIAN L. ANDRÉ (Cal. Bar No. 251120)
4 Assistant United States Attorney
Major Frauds Section
5 1100 United States Courthouse
312 North Spring Street
6 Los Angeles, California 90012
Telephone: (213) 894-6683
7 Facsimile: (213) 894-6269
Email: [email protected]
8
BRETT A. SAGEL (Cal. Bar No. 243918)
9 Assistant United States Attorney
Ronald Reagan Federal Building
10 411 West Fourth Street, Suite 8000
Santa Ana, California 92701
11 Telephone: (714) 338-3598
Facsimile: (714) 338-3708
12 Email: [email protected]

13 Attorneys for Plaintiff

15 UNITED STATES DISTRICT COURT

16 FOR THE CENTRAL DISTRICT OF CALIFORNIA

17 SOUTHERN DIVISION

18 UNITED STATES OF AMERICA, SA CR No. 19-061-JVS

19 Plaintiff, ORDER SETTING FORTH THE CONDITIONS

21 MICHAEL JOHN AVENATTI,

22 Defendant.

23

24 Pursuant to 18 U.S.C. § 3142(i), the Court temporarily releases

25 defendant MICHAEL JOHN AVENATTI for a period of 90 days under the

26 following terms and conditions:

27 1. Defendant release is conditioned upon the submission and

28 Court approval of a $1,000,000 bond signed by Hubert Bromma, with at

1 least $500,000 of the bond to be secured by the full deeding of real

2 property or by depositing $500,000 with the Clerk of the Court.

3 2. As a condition precedent to release, defendant shall submit

4 to a 14-day quarantine at an appropriate Bureau of Prisons (“BOP”)

5 facility prior to release.

6 3. As a condition precedent to release, defendant shall also

7 submit to a health screening by the BOP.

8 4. Defendant shall not be released until BOP has determined to

9 the best of its abilities that defendant has not contracted COVID-19.

10 If the defendant is found to be exhibiting symptoms consistent with

11 COVID-19 or is confirmed to have COVID-19, the defendant shall not be

12 released to the public because of the danger the defendant poses to

13 the community.

14 5. Following release, defendant shall submit to screening for

15 COVID-19 as directed by the United States Probation and Pretrial

16 Services Office (“Pretrial Services”). Should the defendant then or

17 thereafter exhibit symptoms consistent with COVID-19, the defendant

18 shall remain in quarantine or isolation as directed by Pretrial

19 Services in a form directed by Pretrial services, including self-

20 isolation or self-quarantine.

21 6. During the period of pre-trial supervision, defendant shall

22 comply with national, state, and local public-health orders regarding

23 COVID-19, including California’s Executive Order N-33-20 (March 19,

24 2020) and, if applicable, the Los Angeles “Safer At Home” Order,

25 Public Order Under City of Los Angeles Emergency Authority (March 19,

26 2020)

27 7. Defendant shall be subject to supervision as directed by

28 Pretrial Services.

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1 8. Defendant shall be released to the custody of third-party

2 custodian Jay Manheimer. Prior to defendant’s release, third-party

3 custodian Mr. Manheimer must sign, complete, and submit to the Court

4 an Affidavit of Third-Party Custodian (Form CR-31) acknowledging and

5 agreeing to (a) supervise defendant, (b) use every effort to assure

6 defendant’s appearance at all court proceedings, and (c) notify

7 Pretrial Services immediately if defendant violates a condition of

8 release or is no longer in the custodian’s custody. The third-party

9 custodian’s failure to discharge his obligations may result in the

10 custodian being held in contempt of Court. The United States

11 Attorney’s Office shall review the Affidavit of Third-Party of

12 Custodian before the Affidavit is filed with the Court.

13 9. Upon defendant’s release from the Metropolitan Correctional

14 Center in New York (“MCC New York”), defendant’s counsel, H. Dean

15 Steward, or another individual expressly authorized by this Court,

16 shall transport defendant from MCC New York to the residence of the

17 third-party custodian Jay Manheimer in Venice, California. Defendant

18 and/or defendant’s counsel shall provide Pretrial Services with a

19 copy of defendant’s travel itinerary at least 24 hours in advance and

20 must immediately notify Pretrial Services upon defendant’s arrival at

21 Mr. Manheimer’s residence. Defendant’s counsel shall accompany

22 defendant at all times until defendant arrives at Mr. Manheimer’s

23 residence and is placed in Mr. Manheimer’s custody.

24 10. Defendant shall be confined to the personal residence of

25 Jay Manheimer, in Venice, California (at the address provided to

26 Pretrial Services), at all times and with no exceptions, other than

27 for emergency medical treatment after notification to Pretrial

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1 Services. Advance permission of the Court shall be required for any

2 other travel, including for court appearances.

3 11. Defendant shall participate in the Location Monitoring

4 Program and abide by all requirements of the program, under the

5 direction of Pretrial Services, which shall include a location

6 monitoring bracelet. Defendant must pay all of the costs of the

7 Location Monitoring Program based upon his ability to pay as

8 determined by Pretrial Services, and will be financially responsible

9 for any lost or damaged equipment.

10 12. Defendant shall not possess, use, or access any digital

11 devices that offer or allow internet access. Defendant may, however,

12 possess and use a non-internet connected telephone, approved by

13 Pretrial Services, to communicate with his attorneys, family,

14 friends, and for other basic living needs during the 90-day term of

15 his temporary release.

16 13. Although defendant may not possess, use, or access any

17 internet-enabled digital devices, this Order does not preclude

18 defendant’s legal counsel from emailing legal documents to

19 defendant’s third-party custodian, Jay Manheimer, so that defendant’s

20 third-party custodian can print them for defendant to review.

21 Defendant may also access and use an internet-enabled digital device

22 while in the presence of defendant’s legal counsel, solely for the

23 purpose of preparing his defense in this case and in the two pending

24 prosecutions in the Southern District of New York (“SDNY”), United

25 States v. Avenatti, No. 1:19-cr-373-PGG (SDNY), and United States v.

26 Avenatti, No. 1:19-cr-374-JMF (SDNY).

27 14. Within 48 hours of defendant’s release, defendant shall

28 disclose to Pretrial Services all bank accounts, credit card

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1 accounts, or other financial accounts that defendant controls, either

2 directly or indirectly, and provide Pretrial Services with a list of

3 any assets exceeding $5,000 that defendant owns, possess, or

4 controls, either directly or indirectly.

5 15. Defendant shall not open, either directly or indirectly,

6 any new bank accounts, credit card accounts, or other financial

7 accounts without notifying and obtaining the prior approval of

8 Pretrial Services.

9 16. Defendant shall not engage in any financial transactions

10 exceeding $500, either directly or indirectly, without notifying and

11 obtaining the prior approval of Pretrial Services.

12 17. Defendant shall not sell, transfer, or give away any asset

13 valued at $500 or more, either directly or indirectly, without

14 notifying and obtaining prior approval of Pretrial Services.

15 18. Defendant shall provide to Pretrial Services every two

16 weeks a report (or other documentation approved by Pretrial Services)

17 detailing all of defendant’s financial transactions, including any

18 transactions under $500, during the prior two-week period.

19 19. Defendant shall avoid all contact (except in the presence

20 of counsel), directly or indirectly, with any person who the

21 government has identified as victim or potential witness in this

22 prosecution and investigation, except for Christine Avenatti Carlin.

23 Defendant, however, shall not engage in any substantive discussions

24 with Ms. Carlin regarding this prosecution and investigation (except

25 in the presence of counsel).

26 20. Defendant shall comply with all court orders, including,

27 but not limited to, any conditions of release in United States v.

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 Case 8:19-cr-00061-JVS Document 140 Filed 04/10/20 Page 6 of 7 Page ID #:2402

1 Avenatti, No. 1:19-cr-373-PGG (SDNY), and United States v. Avenatti,

2 No. 1:19-cr-374-JMF (SDNY).

3 21. Defendant shall surrender all passports and travel

4 documents to Pretrial Services within 24 hours of his release (to the

5 extent he has not already done so), sign a Declaration re Passport

6 and Other Travel Documents (Form CR-37), and shall not apply for a

7 passport or other travel document during the pendency of this case.

8 22. Defendant shall comply with the General Conditions of

9 Release set forth in the Central District of California Release Order

10 and Bond Form.

11 23. In order to determine compliance with these conditions of

12 release, defendant agrees to submit to a search of his person

13 and/property by Pretrial Services in conjunction with the U.S.

14 Marshal. Defendant’s third-party custodian Jay Manheimer shall also

15 agree to provide Pretrial Services and the U.S. Marshal with access

16 to his residence in order to conduct such a search if requested to do

17 so.

18 24. At the expiration of defendant’s 90-day temporary release

19 period, defendant shall surrender to the United States Marshals

20 office at 411 W. 4th Street, Second Floor Santa Ana, CA 92701, or the

21 United States Marshals office in the Southern District of New York at

22 500 Pearl Street, Suite 400, New York, NY 10007, as directed by

23 Pretrial Services or the Court. Defendant’s counsel, H. Dean

24 Steward, defendant’s third-party custodian, Jay Manheimer, or another

25 party authorized by the Court, shall transport defendant from

26 Mr. Manheimer’s residence to United States Marshals office, and shall

27 accompany defendant at all times during transport.

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1 25. The Court reserves the right to revoke this Order

2 temporarily releasing defendant prior to the expiration of the 90-day

3 period in light of changed circumstances after notice to the parties.

4 26. This Order does not withdraw, is not in derogation of, and

5 does not conflict with this Court’s prior finding, and the Ninth

6 Circuit’s affirmance of this Court’s finding, that there is probable

7 cause to believe that defendant committed state and federal crimes

8 while on pretrial release, that defendant is a danger to the

9 community, and that defendant failed to rebut the presumption that no

10 conditions or combination of conditions will assure the safety of the

11 community. See United States v. Avenatti, C.A. No. 20-50017 (9th

12 Cir. Mar. 6, 2020).

15 April 10, 2020

16 DATE HONORABLE JAMES V. SELNA

18
Presented by:
19
/s/
20 JULIAN L. ANDRÉ
BRETT A. SAGEL
21 Assistant United States Attorneys

22

23 /s/ via email authorization

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