...that Fry accessed the data and immediately called Avenatti.
I'm really not sure I follow what you are saying. The guy had Avenatti's personal telephone number. So, before looking up the reports, there would have had to have been some contact between the two.
Could this guy have sought Avenatti out and said, "Hey, would you like me to commit a federal crime and give you the data proceeding from that crime?" and Avenatti said, "Wow, hey, thanks, what a great idea! Let me give you my cell phone number."
Sure, it could have happened that way. But I don't see how that makes the dynamics of the situation materially different, since Avenatti still knows that this poor schmuck is going to use a heavily-audited system in order to commit a crime so that Avenatti can do nothing other than glorify himself. Because, again, none of this information would have been unknown to the prosecutors going after Cohen.
In all likelihood, the investigators also know, because Fry confessed and cooperated, exactly how this went down. The only question is why file it under seal, since Fry confessed?
What difference does it make who contacted whom? It is clear that the two of them were in contact with each other before Fry looked up the information and called Avenatti's cell phone number (none of Avenatti's office numbers end in 4118).
It is also pretty obvious that Fry would have known what he was doing was a violation of regulations, so one wonders what the prior communications between Avenatti and Fry on that subject might have been.
But in any scenario, you have to deal with the facts that (a) Fry looks up the data, and (b) immediately calls Avenatti's cell phone. If Fry had contacted Avenatti out of the blue ahead of time, then I don't see what difference it makes in terms of Avenatti's state of knowledge at the time the crime was committed.
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