Judge Refuses to Dismiss Extortion Charges Against Michael Avenatti in Nike Case

United States District Court Judge Paul G. Gardephe ruled Monday the Nike extortion charges against attorney Michael Avenatti may proceed to trial, which is set to begin Jan. 21.

Gardephe wrote the indictment against Avenatti, who's pleaded not guilty to felony charges of conspiracy to commit extortion, wire fraud and extortion, adequately allege the lawyer "used threats of economic and reputational harm to demand millions of dollars from Nike," per ESPN's Mark Schlabach.

Here's the judge's full statement:

"The indictment adequately alleges that Avenatti engaged in 'wrongful' conduct, because it pleads facts demonstrating that Avenatti used threats of economic and reputational harm to demand millions of dollars from Nike, for himself, to which he had no plausible claim of right. While Avenatti's client may have been in a position to make demands on Nike, Avenatti had no right—independent of his client—to demand millions of dollars from Nike (1) based on confidential information supplied by his client; (2) without his client's knowledge; and (3) to his client's detriment. Whether or not Avenatti engaged in such conduct is, of course, a question for the jury."

Avenatti posted a message about the case Monday morning on Twitter:

A court filing by Avenatti's attorneys Monday argued recordings between Nike employees and former grassroots basketball coach Gary Franklin reveal misconduct by Nike to persuade elite prospects and their families to join its youth and collegiate programs, per Schlabach.

The filing noted Franklin began to record conversations after he became uncomfortable with requests that ultimately led to "tens of thousands of dollars" being funneled to players and their families.

In addition, Avenatti stated the financial requests made to Nike were an effort to "compensate his client [Franklin]" and not extortion, per Schlabach.

His lawyers are also trying to subpoena five Nike employees—John Slusher, Lynn Merritt, Jamal James, Nico Harrison and Carlton DeBose—for the trial, an effort the company and federal prosecutors are attempting to void.

Avenatti told CNN in April the narrative has been controlled by Nike since his March arrest, but he expects that to change after the trial.

"I'm a fighter. I've always been a fighter," he said. "And I anticipate that there's going to be a lot of evidence and a lot of facts that are going to come out that are going to change perhaps the opinion that people have having now only seen one side of the story. We don't convict people after only hearing one side of the story."

Avenatti previously entered the public spotlight in 2018 when he represented porn star Stormy Daniels in a lawsuit against U.S. President Donald Trump.