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April 13, 2020

Incarcerated Prenda Lawyer Won’t Be Released Because of COVID-19

MINNEAPOLIS — A federal judge last week dashed the hopes of Paul Hansmeier, one of three attorneys behind the porn-trolling Prenda Law firm, who had asked the court for a temporary release from prison during the COVID-19 pandemic. Hansmeier, who is currently uninfected with the virus and is in the midst of appealing his conviction, had argued in a pro se motion that he faces a substantial risk of catching the coronavirus in prison.   U.S. District Judge Joan Ericksen denied his request on Friday. “If released pending appeal, Hansmeier would self-quarantine at his house for 14 days and then continue to shelter in place per the Minnesota governor’s executive order,” Hansmeier said in his unsuccessful hand-written brief. Hansmeier, 38, added in the brief that he would use the time away from prison to care for his children, ages 5 and 7, and that he was not likely that he will flee or pose a danger to the community and that his appeal raises a substantial issue. He noted that there are risks with incarceration during the pandemic, particularly at the Minnesota federal correctional institution Sandstone, where he has been housed since July 2019. Hansmeier’s official release date is June 12, 2031. “[A]pplication of the current death rate associated with COVID-19 suggests that 25 inmates at Sandstone can expect to die,” said Hansmeier, who filed court papers three previous times for possible release. The U.S. Attorney’s Office, however, cut down Hansmeier’s fourth bid to be released from Sandstone, arguing that he “committed an egregious crime, and he continues to argue that he committed no crime at all” and that the Bureau of Prisons has implemented a COVID-19 action plan to protect the health of prisoners. “Hansmeier’s request to be released, to care for his children and then to return to Bureau of Prisons custody if he loses his appeal, would expose the prison community at Sandstone to a greater threat from COVID-19 than simply keeping the uninfected Hansmeier in custody as the pandemic runs its course,” the U.S. Attorney’s Office wrote in a brief. Prenda Law made the bulk of its revenue by filing lawsuits against those allegedly downloading porn titles online. The Chicago firm made more than $6 million between 2010 and 2013 with the scheme. Hansmeier and Prenda Law attorney John Steele created a series of bogus entities through which they obtained copyrights to scenes, some of which they filmed themselves, and then uploaded the titles to file sharing websites to lure others to download them. The Prenda Law attorneys would then file fake copyright infringement lawsuits, concealing their own roles in the distribution of the films. Steele admitted to investigators he and Hansmeier would threaten the individuals involved in the bogus lawsuits with financial penalties and public embarrassment if they didn't agree to pay a settlement fee. Another former Prenda Law attorney, Paul Duffy, who was involved with the law office's scheme, passed away in 2015 from heart-related conditions. Steele pleaded guilty in March 2017 to conspiracy to commit mail fraud and wire fraud and conspiracy to commit money laundering. Hansmeier pleaded guilty to the same charges as well as conspiracy to commit money laundering. Hansmeier’s unsuccessful attempt to be released from prison was unlike attorney Michael Avenatti’s. Avenatti, who garnered fame while representing adult star Stormy Daniels in her lawsuit against President Donald Trump, also sought release because of the pandemic. A judge OK’d Avenatti’s temporary release on Saturday, requiring him to post a $1 million bond, wear an electronic monitoring device and shelter in place at a friend's house in Venice, Calif. Earlier this year, Avenatti was convicted on felony charges of transmission of interstate communications with intent to extort, attempted extortion and honest services wire fraud. A judge was scheduled to sentence Avenatti on June 17. Avenatti faces two other criminal cases in which he has charged him with stealing Daniels' $300,000 book advance and bamboozling millions of dollars from other clients.

 
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