Case Document 54 Filed 05/18/18 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

 

 

In the Matter of Search Warrants Executed on
April 9, 2018
MICHAEL D. COHEN, 18-MJ-3161 (KMW)
Plaintiff, SUPPLEMENTAL AFFIDAVIT
OF MICHAEL J. AVENATTI IN
- against SUPPORT OF MOTION FOR
ADMISSION PRO HAC VICE
UNITED STATES OF AMERICA,
Defendant.

 

 

Michael J. Avenatti, being duly sworn, hereby deposes and says as follows:

1. I submit this af?davit in further support of my motion for admission to practice
pro hac vice in the above captioned matter.
2. I have been licensed to practice law since June 1, 2000 (nearly eighteen years). I

have never been formally disciplined by the State Bar of California or any other similar

regulatory body.
3. As the Court is well aware, news articles do not constitute admissible evidence.
4. Contrary to Mr. Cohen?s claims in his Memorandum of Law in Opposition to the

Pro Hac Vice Application of Michael Avenatti (Dkt. 52) there are no disciplinary proceedings or
charges pending against me in California. Any suggestion to the contrary is baseless.

5. As of the date of this af?davit I have not been noti?ed by the State Bar of
California that any decision has been made to proceed with an investigation in any matter

concerning me. I have not received any request for information nor have I received any request

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Case Document 54 Filed 05/18/18 Page 2 of 2

for facts surrounding any pending complaint before the State Bar. Moreover I am not aware of
the State Bar having made any determination that any pending complaint has any suf?cient basis
warranting inquiry of me or investigation, let alone disciplinary proceedings.

6. As this Court knows, the mere ?ling of a complaint with a state bar or other
regulatory body does not mean that there are facts warranting an investigation let alone any
disciplinary proceeding. Mr. Cohen?s unsubstantiated statements in his Memorandum (Dkt. 52)
re?ect a fundamental misunderstanding of the facts and the law. Indeed Mr. Cohen appears to
rely on a form letter referenced in a Fox News article to support his allegations. This is not
evidence.

7. Mr. Cohen has presented no evidence that I received any information from the
whistleblower identi?ed in the New Yorker article referenced by Mr. Cohen (which is also not
competent evidence). There is also no evidence that any of my actions caused the whistleblower
to feel ?terrified.? In fact, the article suggests the exact opposite.

8. Mr. Cohen has presented no evidence that I ever had access to any suspicious
activity reports relating to Mr. Cohen.

9. Mr. Cohen has presented no evidence that I ever purposely released any
information contained within any suspicious activity report related to Mr. Cohen.

I declare under penalty of perjury under the laws of the United States that the foregoing is

true and correct. Executed this 18th day ma ort Beach, California.

Michael J. Avenatti

AVENATTI ASSOCIATES, APC
520 Newport Center Drive, Suite 1400
Newport Beach, CA 92660

Tel: (949) 706-7000

Fax: (949) 706?7050

E-Mail: mavenattifrileoalawcom

 

 

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