Michael Jackson Estate Claims
Estate lawsuit file here : http://www.scribd.com/doc/81994850/Michael-Jackson-Tohme-R-Tohme-Suit
Summary
- Tohme gets hired around January 2008.
- Tohme doesn't have any experience in being a manager.
- Tohme took control over all of Michael's personal and professional affairs. They also claim Tohme hired and fired and supervised other people that worked for Michael and therefore no one could have objected his actions.
- May 2008 Tohme and Michael signs a finder's agreement for Tohme introducing Michael to Colony Capital.
- Estate alleges that Tohme didn't tell Michael that he had a pre-existing relationship with Colony Capital.
- According to the finder's fee agreement : Michael was to give Tohme 10% of the loan amount ($2.4M), 10% from the future sale of Neverland and 10% from any future transactions with Colony Capital.
- Estate claims Michael didn't have an independent lawyer and signed the finder's fee agreement without fully understanding and getting independent explanation of it.
- Estate says Michael signed the agreement because he trusted Tohme and believed the finder's fee amount was normal and customary. Estate argues that these amounts are too high.
- Estate says Tohme had conflicting roles - working as a finder and working as the manager of Michael.
- Estate states that the Neverland deal done with Colony Capital was highly unfavorable for Michael. It limited his use and control of Neverland and had unfavorable financial terms.
- Estate says as Tohme had ties and interest in regards to Colony Capital, he didn't look for better and more favorable financing options for Neverland. (Estate says that they believe other better options were available)
- Estate says Michael signed the Neverland / Colony Capital agreement without having counsel independent from Tohme and not subject to Tohme's control and authority.
- July 2008 Tohme gets Michael to sign a "Services agreement".
- Again MJ Estate says Michael signed because he trusted Tohme, didn't have an independent counsel and thought it was customary.
- According to this agreement Tohme was to be paid $35,000 + expenses per month even though Michael earned nothing.
- The agreement also said Tohme was to receive 15% of all gross compensations received by Michael for his services in the entertainment industry including live performances, merchandising, electronic arts, recorded and live telecasts, motion pictures, animation projects.
- August 2008 Tohme gets Michael to sign two Power of Attorney (POA) which gave extraordinary powers to Tohme.
- Also Tohme gets Michael to sign an Indemnity Agreement which was again too broad.
- Again the same claims of Michael didn't have an independent counsel, trusted Tohme, signed them without fully understanding them.
- Estate says Tohme cause harm with his POA when in November 2008 he gifted Michael's art to Brett Livingstone-strong. Estate says the POA's don't give Tohme the power to gift anything and sign over Michael's copyrights.
-Tohme negotiated TII concert deal with AEG.
- Tohme was supposed to get $100,000 a month as a producer fee from TII concerts. AEG would have pay this amount but then would get it back from Michael.
- Again the same claims about Michael signing this agreement.
- Estate alleges that Tohme took possession and control of millions of dollars, tangible personal property and other property of Michael.
- Estate says Tohme merged his own funds with Michael's and used Michael's money for his expenses, travel, entertainment and purchase other property for himself.
- Estate says Tohme has refused to provide accounting for the money he handled.
- Estate says they believe Tohme is in possession of property belonging to the Estate (and alleges Tohme disposed some of them) and asks for twice the value of such items.
- Estate says Tohme was fired March 2009 and Michael revoked his POA's in April 2009.
- Tohme didn't return Michael's property.
- After Michael's death Tohme requested significant funds from MJ Estate.
- Tohme refused to return the property in his possession to MJ Estate.
- Estate says Tohme also didn't return books and records.
Claims
1. Accounting : Estate is asking for account of all actions and transactions done by Tohme and return of any money and property of Michael.
2. Recovery of Property: Estate is asking for all the property and cash Tohme has. Estate also claims that when Michael died he had a claim to property that the title or possession is held by Tohme.
3. Wrongful taking: Estate wants twice the value of the property that Tohme took, concealed and disposed of.
4. Breach of fiduciary duty: Tohme took advantage of Michael's trust (for the things listed above) and only considered his self interest. Estate doesn't know the exact amount of damages but they're asking for currently undetermined damages from Tohme.
5. Rescission: Due to the breach of duty Estate is asking for rescission - in other words the cancellation - of the 3 agreements (finder's fee, service and indemnity) between Michael and Tohme.
6. Rescission: Estate is asking for the rescission / cancellation of the 3 agreements between Michael and Tohme due several facts such as Michael didn't have independent counsel and/or didn't fully understand it and trusted Tohme. Estate says Michael could not known that these agreements weren't customary and highly unfavorable for him. So Estate wants to rescind / cancel all these agreements.
7. Rescission due to undue influence: Estate also claims that Tohme misused Michael's confidence in him to obtain advantage over Michael and took advantage of Michael's financial distress.
8. Relief: Estate wants the court to rule that Tohme is not entitled to any commission for the time after he was fired and certainly not after Michael's death, void the agreements and rule that Tohme is not entitled any further compensation and order the return of Michael's property and money that's in Tohme's possession. Estate is also asking for damages (not yet determined) and legal costs.
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Tohme Tohme Lawsuit Against MJ Estate Summary
Complaint file here : http://www.scribd.com/doc/82800302/Tohme-MjEstate-Complaint
- Tohme states for the year before Michael's death , he served as Michael's manager, advisor, personal representative and spokesperson.
- Tohme claims he positively brought Michael to the public eye as the King of Pop
- Tohme says he assisted Michael managing his and his children's lives.
- According to Tohme Michael was in financial turmoil due to
--- 2005 trial and not being able to work
--- excessive spending habits
--- financial mismanagement
- Tohme says Michael's hiring and firing managers contributed to a confusion about Michael's business affairs and finances.
- According to Tohme before he was hired
---- There was nobody that's reviewing and authorizing MIJAC licensing agreements that could bring in millions of income.
---- There were multiple lawsuits pending
---- A lawsuit in England restricted Michael to engage in creative endeavors.
---- There was a negative public perception due to molestation claims and settlements.
- Tohme says he became Michael's manager mid 2008.
- Tohme says
--- he reorganized Michael's business affairs
--- handle music licensing issues
--- renegotiate loans and debts
--- resolve legal problems
---prevented Neverland foreclosure
--- Michael's image improved and TII deal came up
- Tohme say that he's promised $2.3 million for Neverland and 15% of gross compensation earned by Michael commencing July 2, 2008 and it includes the time period after June 25, 2009 and monies paid to MJ Estate.
Bahrain visit and the agreement with 2 Seas Record
- According to the lawsuit the agreement said Michael cannot enter into new creative endeavors without the consent of 2 Seas Records.
- This lawsuit was ongoing in 2008.
- Tohme says he traveled to Bahrain and a settlement was reached in November 2008.
- This gave Michael freedom for future plans such as AEG TII deal.
- Tohme says after spending time in Bahrain, France and Ireland Michael returned to Las Vegas and later Tohme convinced him he need to move back to Los Angeles for his career.
- Early Fall 2008 Michael moves from LV to LA.
- Tohme says he arranged all aspect of Michael and his kids stay in Hotel Bel Air.
- Tohme says he arranged the leasing of Carolwood residence starting December 2008.
- Tohme says due to his advice and guidance combined with Michael's talent and faith in himself, Michael's happiness, focus and confidence has increased and he seriously proceeded with plans to return to the public eye.
- Tohme says he arranged Michael's media releases, disputed false and malicious stories and arranged positive stories such as MJ 50th Birthday interview on Good Morning America show.
- Mention of the Neverland deal and Michael's personal property and memorabilia. Tohme says without him all of those would be lost.
- Michael signs with AEG for TII concerts.
- Tohme says he suggested the name This is it! spoken in a high spirited tone.
- Tohme says he was involved in creating the 3 minute TV commercial that announced the O2 shows.
- Tohme says after the TII announcement a MJ Mania was created and sales of MJ related items such as music, merchandising has increased.
- Tohme says he was involved in the name and implementation of Michaeljacksonlive.com . Tohme says after Michael's death that website was used to advertise TII and exhibition at O2.
- Tohme says he arranged positive press releases about Michael.
- Tohme says he arranged travel, hotels, security and was searching for housing for Michael in England.
- Tohme says he called Ortega at Michael's suggestion to offer him the position of director at TII concerts.
- Tohme says he also hired a tour manager, hairdresser, stylist, seamstress, musicians and dancers for TII concerts.
- Tohme says that without him and him arranging the TII deal, MJ Estate couldn't have received the enormous sums from movie, licensing, DVD, album sales, mp3. merchandising and promotion.
- Tohme says his significant contributions is acknowledged by listing him at the credits.
- Tohme says he was not only Michael's manager but he was also a trusted friend and confidant.
- Tohme says Michael have him to POA's which gave Tohme complete power over Michael's financial affairs and authorized Tohme to conduct business in Michael's name.
-According to Tohme, Michael
--- appointed him to the board of directors Sony/ ATV
--- appointed him to be co trustee of MJ Publishing Trust (MIJAC) with Katherine
--- authorized Tohme to review and approve all licensing requests from MIJAC.
- Tohme says he received all the royalty payments from Sony on behalf of Michael
- Tohme says he set aside some of the royalty payments to purchase a house for Michael in Las Vegas and only Michael and Tohme knew about this.
- Tohme says after Michael's death he contacted the Estate and returned them the $5.5 million.
- Tohme mentions he filed a creditor's claim and Estate took no action on it.
- In regard to Neverland, Tohme claims he talked with other lending institutions but it didn't lead anywhere.
- Tohme says he then contacted Colony Capital who agreed to give $23 million.
- Tohme says he deserves $2.3 M due to the finder's agreement as well as 10% from any future sale of Neverland.
- July 2008 Michael and Tohme enter into a services agreement. In which Tohme was to provide several services and receive 15% of Michael's compensation.
- Tohme says he provided valuable services such as settlement with 2 Seas Records, AEG TII deal, Broadway musical of Thriller, animated cartoon series based on Thriller, Thriller Live show, BMI royalty issues, MIJAC licensing, trademark lawsuits, oversaw music recorded by Michael after July 2008, Michaeljacksonlive.com website, Michael Jackson video game, 2008 Halloween release of Thriller 25 at Maddame Tussauds with Sony, auditing and refinancing Sony / ATV, negotiated a contract with Sony about Off the wall, King of Pop Cd's with Sony Legacy, liaison to Sony/ ATV about new acquisitions, communicating with Sony in regards to Michael's business matters, resolution of lawsuits, securing memorabilia and oversaw matters about auctions / exhibitions.
- Tohme says he didn't receive any payment for the 15% he's entitled under Services agreement.
- August 2008, Michael and Tohme enters into an indemnity agreement in which Michael agrees to compensate Tohme for reasonable expenses including personal and legal fees in connection to services Tohme provided to Michael.
- Tohme says in this agreement Michael also agreed to not hold Tohme responsible for any damages, losses, claims, liabilities due to Tohme's services.
Claims
1. Breach of Neverland finder's fee agreement: Estate didn't pay Tohme the $2.3 Million he's entitled according to the Finder's fee agreement.
2. Breach of Services agreement: Tohme says he wasn't paid anything and he wasn't provided any accounting to calculate what he was owed.
Tohme asks for 15% of income from July 2, 2008 to June 25, 2009 and 15% of income after June 25, 2009 for matters on which Tohme provided services listed above.
3. Breach of Indemnity agreement: Estate breached that agreement by not providing professional and legal expenses.
4. Accounting: Tohme doesn't have sufficient information to calculate the amounts owed to him and he asks for accounting including all of the above mentioned items and monies received from them.
5. Declaratory relief: Tohme asks the judge to rule that he's entitled to 10% of Neverland deal and 10% from any future sale.
6. Declaratory relief: Tohme asks the judge to rule that he's entitled to receive accounting and 15% of gross income from the services he has provided.
7. Declaratory relief: Tohme asks the judge for a ruling about the reimbursement of legal and professional expenses.
Tohme is also asking for interest and damages as well as attorney fees.
Estate lawsuit file here : http://www.scribd.com/doc/81994850/Michael-Jackson-Tohme-R-Tohme-Suit
Summary
- Tohme gets hired around January 2008.
- Tohme doesn't have any experience in being a manager.
- Tohme took control over all of Michael's personal and professional affairs. They also claim Tohme hired and fired and supervised other people that worked for Michael and therefore no one could have objected his actions.
- May 2008 Tohme and Michael signs a finder's agreement for Tohme introducing Michael to Colony Capital.
- Estate alleges that Tohme didn't tell Michael that he had a pre-existing relationship with Colony Capital.
- According to the finder's fee agreement : Michael was to give Tohme 10% of the loan amount ($2.4M), 10% from the future sale of Neverland and 10% from any future transactions with Colony Capital.
- Estate claims Michael didn't have an independent lawyer and signed the finder's fee agreement without fully understanding and getting independent explanation of it.
- Estate says Michael signed the agreement because he trusted Tohme and believed the finder's fee amount was normal and customary. Estate argues that these amounts are too high.
- Estate says Tohme had conflicting roles - working as a finder and working as the manager of Michael.
- Estate states that the Neverland deal done with Colony Capital was highly unfavorable for Michael. It limited his use and control of Neverland and had unfavorable financial terms.
- Estate says as Tohme had ties and interest in regards to Colony Capital, he didn't look for better and more favorable financing options for Neverland. (Estate says that they believe other better options were available)
- Estate says Michael signed the Neverland / Colony Capital agreement without having counsel independent from Tohme and not subject to Tohme's control and authority.
- July 2008 Tohme gets Michael to sign a "Services agreement".
- Again MJ Estate says Michael signed because he trusted Tohme, didn't have an independent counsel and thought it was customary.
- According to this agreement Tohme was to be paid $35,000 + expenses per month even though Michael earned nothing.
- The agreement also said Tohme was to receive 15% of all gross compensations received by Michael for his services in the entertainment industry including live performances, merchandising, electronic arts, recorded and live telecasts, motion pictures, animation projects.
- August 2008 Tohme gets Michael to sign two Power of Attorney (POA) which gave extraordinary powers to Tohme.
- Also Tohme gets Michael to sign an Indemnity Agreement which was again too broad.
- Again the same claims of Michael didn't have an independent counsel, trusted Tohme, signed them without fully understanding them.
- Estate says Tohme cause harm with his POA when in November 2008 he gifted Michael's art to Brett Livingstone-strong. Estate says the POA's don't give Tohme the power to gift anything and sign over Michael's copyrights.
-Tohme negotiated TII concert deal with AEG.
- Tohme was supposed to get $100,000 a month as a producer fee from TII concerts. AEG would have pay this amount but then would get it back from Michael.
- Again the same claims about Michael signing this agreement.
- Estate alleges that Tohme took possession and control of millions of dollars, tangible personal property and other property of Michael.
- Estate says Tohme merged his own funds with Michael's and used Michael's money for his expenses, travel, entertainment and purchase other property for himself.
- Estate says Tohme has refused to provide accounting for the money he handled.
- Estate says they believe Tohme is in possession of property belonging to the Estate (and alleges Tohme disposed some of them) and asks for twice the value of such items.
- Estate says Tohme was fired March 2009 and Michael revoked his POA's in April 2009.
- Tohme didn't return Michael's property.
- After Michael's death Tohme requested significant funds from MJ Estate.
- Tohme refused to return the property in his possession to MJ Estate.
- Estate says Tohme also didn't return books and records.
Claims
1. Accounting : Estate is asking for account of all actions and transactions done by Tohme and return of any money and property of Michael.
2. Recovery of Property: Estate is asking for all the property and cash Tohme has. Estate also claims that when Michael died he had a claim to property that the title or possession is held by Tohme.
3. Wrongful taking: Estate wants twice the value of the property that Tohme took, concealed and disposed of.
4. Breach of fiduciary duty: Tohme took advantage of Michael's trust (for the things listed above) and only considered his self interest. Estate doesn't know the exact amount of damages but they're asking for currently undetermined damages from Tohme.
5. Rescission: Due to the breach of duty Estate is asking for rescission - in other words the cancellation - of the 3 agreements (finder's fee, service and indemnity) between Michael and Tohme.
6. Rescission: Estate is asking for the rescission / cancellation of the 3 agreements between Michael and Tohme due several facts such as Michael didn't have independent counsel and/or didn't fully understand it and trusted Tohme. Estate says Michael could not known that these agreements weren't customary and highly unfavorable for him. So Estate wants to rescind / cancel all these agreements.
7. Rescission due to undue influence: Estate also claims that Tohme misused Michael's confidence in him to obtain advantage over Michael and took advantage of Michael's financial distress.
8. Relief: Estate wants the court to rule that Tohme is not entitled to any commission for the time after he was fired and certainly not after Michael's death, void the agreements and rule that Tohme is not entitled any further compensation and order the return of Michael's property and money that's in Tohme's possession. Estate is also asking for damages (not yet determined) and legal costs.
---------------------------------------------------
Tohme Tohme Lawsuit Against MJ Estate Summary
Complaint file here : http://www.scribd.com/doc/82800302/Tohme-MjEstate-Complaint
- Tohme states for the year before Michael's death , he served as Michael's manager, advisor, personal representative and spokesperson.
- Tohme claims he positively brought Michael to the public eye as the King of Pop
- Tohme says he assisted Michael managing his and his children's lives.
- According to Tohme Michael was in financial turmoil due to
--- 2005 trial and not being able to work
--- excessive spending habits
--- financial mismanagement
- Tohme says Michael's hiring and firing managers contributed to a confusion about Michael's business affairs and finances.
- According to Tohme before he was hired
---- There was nobody that's reviewing and authorizing MIJAC licensing agreements that could bring in millions of income.
---- There were multiple lawsuits pending
---- A lawsuit in England restricted Michael to engage in creative endeavors.
---- There was a negative public perception due to molestation claims and settlements.
- Tohme says he became Michael's manager mid 2008.
- Tohme says
--- he reorganized Michael's business affairs
--- handle music licensing issues
--- renegotiate loans and debts
--- resolve legal problems
---prevented Neverland foreclosure
--- Michael's image improved and TII deal came up
- Tohme say that he's promised $2.3 million for Neverland and 15% of gross compensation earned by Michael commencing July 2, 2008 and it includes the time period after June 25, 2009 and monies paid to MJ Estate.
Bahrain visit and the agreement with 2 Seas Record
- According to the lawsuit the agreement said Michael cannot enter into new creative endeavors without the consent of 2 Seas Records.
- This lawsuit was ongoing in 2008.
- Tohme says he traveled to Bahrain and a settlement was reached in November 2008.
- This gave Michael freedom for future plans such as AEG TII deal.
- Tohme says after spending time in Bahrain, France and Ireland Michael returned to Las Vegas and later Tohme convinced him he need to move back to Los Angeles for his career.
- Early Fall 2008 Michael moves from LV to LA.
- Tohme says he arranged all aspect of Michael and his kids stay in Hotel Bel Air.
- Tohme says he arranged the leasing of Carolwood residence starting December 2008.
- Tohme says due to his advice and guidance combined with Michael's talent and faith in himself, Michael's happiness, focus and confidence has increased and he seriously proceeded with plans to return to the public eye.
- Tohme says he arranged Michael's media releases, disputed false and malicious stories and arranged positive stories such as MJ 50th Birthday interview on Good Morning America show.
- Mention of the Neverland deal and Michael's personal property and memorabilia. Tohme says without him all of those would be lost.
- Michael signs with AEG for TII concerts.
- Tohme says he suggested the name This is it! spoken in a high spirited tone.
- Tohme says he was involved in creating the 3 minute TV commercial that announced the O2 shows.
- Tohme says after the TII announcement a MJ Mania was created and sales of MJ related items such as music, merchandising has increased.
- Tohme says he was involved in the name and implementation of Michaeljacksonlive.com . Tohme says after Michael's death that website was used to advertise TII and exhibition at O2.
- Tohme says he arranged positive press releases about Michael.
- Tohme says he arranged travel, hotels, security and was searching for housing for Michael in England.
- Tohme says he called Ortega at Michael's suggestion to offer him the position of director at TII concerts.
- Tohme says he also hired a tour manager, hairdresser, stylist, seamstress, musicians and dancers for TII concerts.
- Tohme says that without him and him arranging the TII deal, MJ Estate couldn't have received the enormous sums from movie, licensing, DVD, album sales, mp3. merchandising and promotion.
- Tohme says his significant contributions is acknowledged by listing him at the credits.
- Tohme says he was not only Michael's manager but he was also a trusted friend and confidant.
- Tohme says Michael have him to POA's which gave Tohme complete power over Michael's financial affairs and authorized Tohme to conduct business in Michael's name.
-According to Tohme, Michael
--- appointed him to the board of directors Sony/ ATV
--- appointed him to be co trustee of MJ Publishing Trust (MIJAC) with Katherine
--- authorized Tohme to review and approve all licensing requests from MIJAC.
- Tohme says he received all the royalty payments from Sony on behalf of Michael
- Tohme says he set aside some of the royalty payments to purchase a house for Michael in Las Vegas and only Michael and Tohme knew about this.
- Tohme says after Michael's death he contacted the Estate and returned them the $5.5 million.
- Tohme mentions he filed a creditor's claim and Estate took no action on it.
- In regard to Neverland, Tohme claims he talked with other lending institutions but it didn't lead anywhere.
- Tohme says he then contacted Colony Capital who agreed to give $23 million.
- Tohme says he deserves $2.3 M due to the finder's agreement as well as 10% from any future sale of Neverland.
- July 2008 Michael and Tohme enter into a services agreement. In which Tohme was to provide several services and receive 15% of Michael's compensation.
- Tohme says he provided valuable services such as settlement with 2 Seas Records, AEG TII deal, Broadway musical of Thriller, animated cartoon series based on Thriller, Thriller Live show, BMI royalty issues, MIJAC licensing, trademark lawsuits, oversaw music recorded by Michael after July 2008, Michaeljacksonlive.com website, Michael Jackson video game, 2008 Halloween release of Thriller 25 at Maddame Tussauds with Sony, auditing and refinancing Sony / ATV, negotiated a contract with Sony about Off the wall, King of Pop Cd's with Sony Legacy, liaison to Sony/ ATV about new acquisitions, communicating with Sony in regards to Michael's business matters, resolution of lawsuits, securing memorabilia and oversaw matters about auctions / exhibitions.
- Tohme says he didn't receive any payment for the 15% he's entitled under Services agreement.
- August 2008, Michael and Tohme enters into an indemnity agreement in which Michael agrees to compensate Tohme for reasonable expenses including personal and legal fees in connection to services Tohme provided to Michael.
- Tohme says in this agreement Michael also agreed to not hold Tohme responsible for any damages, losses, claims, liabilities due to Tohme's services.
Claims
1. Breach of Neverland finder's fee agreement: Estate didn't pay Tohme the $2.3 Million he's entitled according to the Finder's fee agreement.
2. Breach of Services agreement: Tohme says he wasn't paid anything and he wasn't provided any accounting to calculate what he was owed.
Tohme asks for 15% of income from July 2, 2008 to June 25, 2009 and 15% of income after June 25, 2009 for matters on which Tohme provided services listed above.
3. Breach of Indemnity agreement: Estate breached that agreement by not providing professional and legal expenses.
4. Accounting: Tohme doesn't have sufficient information to calculate the amounts owed to him and he asks for accounting including all of the above mentioned items and monies received from them.
5. Declaratory relief: Tohme asks the judge to rule that he's entitled to 10% of Neverland deal and 10% from any future sale.
6. Declaratory relief: Tohme asks the judge to rule that he's entitled to receive accounting and 15% of gross income from the services he has provided.
7. Declaratory relief: Tohme asks the judge for a ruling about the reimbursement of legal and professional expenses.
Tohme is also asking for interest and damages as well as attorney fees.
