- All assets of Michael Jackson have to be transferred to a trust (the Michael Jackson Family Trust) he had established prior to his death (trust document last amended March 22, 2002). The relevant trust document (which as a trust document is private but got leaked to the News of the World and published on May 30, 2010) controls what is supposed to happen with Michael Jackson's assets once they are transferred to this trust. The will establishes the estate (assets and properties of Michael Jackson outside the trust), controls what is supposed to happen with them, and controls the transfer of assets to the trust. The will makes it clear in several instances that *all* assets are to be transferred to the Michael Jackson Family Trust: Will, Section III; and: "it being my intention that my entire estate shall be administered as a unit" (Will, Section VII).
- John Branca and John McClain are the trustees of the trusts (both the Michael Jackson Family Trust and the subsequent separate trusts for Katherine Jackson and the children; a third trustee resigned in 2003).
- According to the trust document 20% of the gross value of the Michael Jackson Family Trust (based on the federal estate tax estimate) will be paid out towards children's charities--"as soon as reasonably practical". These charities will be selected by a committee consisting of the trustees (John Branca and John McClain) and a beneficiary (Katherine Jackson) of this trust. This means that if the trust is valued at e.g. USD $500 Mil, USD $100 Mil will go towards these charities. After that, the taxes, expenses, debts, fees and any other costs (e.g. funeral expenses) are to be paid. Whatever remains will be put aside in separate trusts for the children and Katherine, respectively, each of these trusts receiving 50% of the remaining value of the Michael Jackson Family Trust. Katherine Jackson is a lifelong beneficiary, upon her death, her trust will be merged with the children's trust.
- The will names the executors of the will, John Branca and John McClain (a third executor resigned in 2003). In fact, this makes them the executors of the estate and thus they decide about all assets/all properties of Michael Jackson which have not been transferred to the trust (yet). They have to make sure that all rights related to those assets/properties are retained for the estate and transferred to or benefiting the Michael Jackson Family Trust. Right now, we are mostly dealing with John Branca and John McClain in their capacity as executors of the will/estate (not the trust), addressing issues with assets, properties and rights of Michael Jackson, securing them for the estate and thus enabling their transfer, if feasible, to the trust. Due to the scope of the estate, and the complexity of the issues, this process will take a very long time.
- Katherine Jackson is named as the guardian of the children.
“We have reason to believe that Michael may have been in NY on the 7th and Rev. Sharpton will address this after he discusses it with the Jackson family,” Noerdlinger said in the statement. “Michael Jackson was with us in New York City on July 6th at our Harlem Headquarters and again for a summit with Rev. Sharpton, attorney Johnnie Cochran and others around the issue of artist rights a few days later on July 9th.”
"A rep for Al Sharpton, who was also part of the protests against Mottola, confirmed to TMZ that Jackson was with Sharpton during the period July 6 to July 9. "We have reason to believe that Michael may have been in NY on the 7th and Rev. Sharpton will address this after he discusses it with the Jackson family," the rep said in a statement."
"In the days after Michael Jackson’s death there were numerous news references to the ongoing charitable work of his “Heal the World Foundation”. However Jackson’s charity officially closed its doors in 2004. A new charity also named the “Heal the World Foundation” leaves the impression it is the same charity but CBS News has discovered it has no connection to the pop star’s current estate. The charity is run by Melissa Johnson who also runs a home health care business for the elderly called “Angels Embrace” run out of the same office in Palm Desert, California. A call to Johnson’s home was answered with, “Angels Embrace,” by a man who said his name was Chris Johnson."
- #1. What this effectively means is that if Ms. Johnson remained successfully undiscovered anything with "MJ" in it--without her prior authorization--would've been considered as US Trademark infringement. Thus, it would leave Ms. Johnson open to receive financial compensation for use of the "MJ" Trademark. Again, Ms. Johnson obtained 6 registered trademarks and filed for 41 applications associated with Michael Jackson which are identical to or confusingly similar to the MJJ Trademarks according to the complaint.
- #2. The companies being charged with this would have had to pay Ms. Johnson for the usage of that US Trademark symbol meaning she would have also been able to broker deals using them! The court documents state that her speech was suggestive; in which her speech alluded to make it appear as if she had a relationship with the Jacksons to the public--this was considered as a false association according to the court documents. I am quite sure that if Ms. Johnson had a relationship with the Jacksons they would have advocated on her behalf to prevent all of this from transpiring.
"Michael will not go forward with Heal The World Foundation, without me." (July 2001 Letter to Evvy Tavasci)."
"The letter also described an incident where Johnson appeared unannounced and uninvited at Mr. Jackson’s residence at Neverland Valley Ranch where his security personnel refused to accept a package [Johnson] sought to personally deliver to Mr. Jackson. (Id.) It cautioned Johnson that her “behavior and attempted communications with Mr. Jackson are harassing, highly inappropriate and constitute a security risk to Mr. Jackson and his employees. (Id.)"
General Compliance Issues:
- This is found to be true -- Under IRS's IRC Section 511, a 501(c) organization is subject to tax on its "unrelated business income," whether or not the organization actually makes a profit, but not including selling donated merchandise or other business or trade carried on by volunteers, or certain bingo games. Disposal of donated goods valued over $2,500, or acceptance of goods worth over $5,000 may also trigger special filing and record-keeping requirements.Note that "tax exempt" also does not excuse an organization from maintaining proper records and filing any required annual or special-purpose tax returns. Previously, annual returns were not generally required from an exempt organization accruing less than $25,000 in gross income yearly. However, from 2008 onwards, many such organizations must file a yearly "e-Postcard" known as Form 990-N, or risk losing their exemption.Failure to file required returns such as Form 990 (Return of Organization Exempt From Income Tax) may result in monetary fines of up to $250,000 per year. Exempt or political organizations (excluding churches or similar religious entities) must make their returns, reports, notices, and exempt applications available for public inspection.The exempt organization filed IRS Form 990 (or similar such public record as the Form 990-EZ or Form 990-PF) are generally available for public inspection and photocopying at the offices of the exempt organization, through a written request and payment for photocopies by mail from the exempt organization, or through a direct Form 4506-A Request for Public Inspection or Copy or Political Organization IRS Form request to the IRS of the exempt organization filing of Form 990 for the past three tax years. The Form 4506-A also allows the public inspection and/or photocopying access to Form 1023 Application for Recognition of Exemption or Form 1024, Form 8871 Political Organization Notice of Section 527 Status, and Form 8872 Political Organization Report of Contribution and Expenditures. Failure to file such timely returns and to make other specific information available to the public also is prohibited.
- * Chairman's report
- * CEO's report
- * Auditor's report on corporate governance
- * Mission statement
- * Corporate governance statement of compliance
- * Statement of directors' responsibilities
- * Invitation to the company's AGMAs well as financial statements
- Auditor's report on the financial statements
- Balance Sheet
- Statement of retained earnings
- Income statement
- Cash flow statement
- Notes to the financial statements
- Accounting policies
HTWF Profit Loss Annual Report 2007-2008
HTWF Profit-Loss Annual Report 2008-2009
IRS Governance Practices Fundraising:
- Section D: Fundraising. Charitable fundraising is an important source of financial support for many charities. The Internal Revenue Service encourages charities to adopt and monitor policies to ensure that fundraising solicitations meet federal and state law requirements and solicitation materials are accurate, truthful, and candid. Charities are encouraged to keep their fundraising costs reasonable and to provide information about fundraising costs and practices to donors and the public. Organizations that file Form 990 will find that Schedules G and M solicit information about fundraising activities, revenues and expenses.
- Section G: Ethics and whistleblower policy. The public expects a charity to abide by ethical standards that promote the public good. The organization’s governing body bears the ultimate responsibility for setting ethical standards and ensuring they permeate the organization and inform its practices. The Internal Revenue Service encourages a charity’s board or trustees to consider adopting and regularly evaluating a code of ethics that describes behavior it wants to encourage and behavior it wants to discourage. A code of ethics will serve to communicate and further a strong culture of legal compliance and ethical integrity to all persons associated with the organization. The Internal Revenue Service encourages the board of directors to adopt an effective policy for handling employee complaints and to establish procedures for employees to report in confidence any suspected financial impropriety or misuse of the charity’s resources. Such policies are sometimes referred to as whistleblower policies. The Internal Revenue Service will review an organization to determine whether insiders or others associated with the organization have materially diverted organizational assets. Organizations that file Form 990 will find that Part VI, Section B, Lines 5 and 13 ask whether the organization became aware during the year of a material diversion of its assets, and whether an organization has a written whistleblower policy.
- By making full and accurate information about its mission, activities, finance, and governance publicly available, a charity encourages transparency and accountability to its constituents. The Internal Revenue Code requires a charity to make its Form 1023 exemption application, Form 990, and Form 990-T, available for public inspection. The Internal Revenue Service encourages every charity to adopt and monitor procedures to ensure that its Form 1023, Form 990, Form 990-T, annual reports, and financial statements, are complete and accurate, are posted on its public website, and are made available to the public upon request. Organizations that file Form 990 will find that Part VI, Section C, Lines 18 and 19, ask whether and how an organization makes its Form 1023, Form 990 and Form 990-T, governing documents, conflict of interest policy, and financial statements available to the public.
Please note that the aforementioned document is not an endorsement it is just a registration record from the Attorney General for the Heal The World Foundation.
"Trademark records show attorney Mr. Harrison representing Mr. Jackson and his Triumph International AND Ms. Johnson working together to stop this non Jackson related kid also named Michael Jackson from registering an MJ trademark back in 2008."
It has been stated that there is a fund to support the associated costs of court/attorneys fees which will be funded by the charitable donations of fans. Moreover, if the legal team we see is Pro Bono can the fans get refunds? Or will Ms. Johnson account for what charitable venture the legal funds were utilized for? This will be an impressive feat should there be a victory in the case of Ms. Johnson.
Michael Jackson's Humanitarian Efforts 1979-2003
Insight on Estate Planning 2009
THE TRICKEY RICKEY SAGA
Now I am NOT one to believe everything I hear about a person until I am presented with some sort of valid proof. After seeing Michael exploited extensively for so many years I know what slander can do to a person.
Therefore, before I present damaging material I do my best by triple checking/investigating the sources to ensure that the information is as accurate as possible. It is imperative NOT to slander a person in any way. You should refrain from making commentary on anything that is non-factual; this is if you are NOT sure of the source of information as this can be damaging to anyone. I do my very best to present the facts; also my feelings surrounding them once they are proven to be factual.
You cannot ask for anything better than that as far as impartiality goes. I have a tendency to lean toward granting an individual the benefit of the doubt. I would hope someone would equally do the same for me.
Initiating Document Trickey Rickey Brian Oxman 07-O-11968
a) Counts 1 and 2: Related to a marriage dissolution (2007)--we will omit this here for brevity's sake but feel free to read the entire PDF.
b) Counts 2 to 4: Related to a trust (1992-2007) Rickey Brian Oxman's law firm partner (and wife) was the sole trustee of a family trust and refused to distribute $70,000 to the beneficiaries maintaining that she is owed $10,000 as attorney's fees (about $592.000 had been paid out before). He was involved in the ensuing legal proceedings. We let the State Bar do the talking...
- 31. On or about April 5, 2007, a hearing was held on the petition to remove Respondent Jaroscak as Trustee in the Quatrochi Trust case. Lieber, Gerald and Susan appeared. Neither Respondent Jaroscak nor Respondent Oxman appeared. The superior court struck Respondent Jaroscak’s response to the petition, removed Respondent Jaroscak as Trustee, ordered Respondent Jaroscak to prepare an accounting, and ordered Respondent Jaroscak to release all funds belonging to the Trust.
- 34. By failing to account and disburse in violation of her fiduciary duties as the sole trustee of the Quatrochi Family Trust, Respondent Jaroscak committed an act involving moral turpitude, dishonesty or corruption."
- 45. By depositing personal funds in the CTA and leaving personal funds in the CTA for withdrawal as needed to pay their personal expenses, Respondent Oxman and Respondent Jaroscak commingled funds belonging to them in a client trust account.
- 48. Respondent Oxman and Respondent Jaroscak deposited their funds into the CTA in order to hide the funds from creditors, including but not limited to the State of California Franchise Tax Board and the County of Los Angeles.
- 49. By this conduct, Respondent Oxman and Respondent Jaroscak committed acts involving moral turpitude, dishonesty or corruption."
"Brian Oxman has been a Jackson family attorney for more than 20 years. He came to her defense recently, and told News Channel 3 Johnson is telling the truth."
"She provided me with a whole description of what she wanted to do with Heal The World Foundation,” Oxman said. “It was a great big, huge book. It had descriptions of all of the things. We presented it to Michael, and he went over it, and (he) said it was fine with him. He had no objection to anything Melissa Johnson did."
"The lawsuit filed by the estate claimed Johnson unlawfully obtained names and phrases, such as "King of Pop," "Neverland" and "Thriller" in order to deceive people and rake in donations."
"She said it was all done to protect Jackson's legacy."
"We bought the trademarks only days after he died,” Johnson said. “It wasn't until a week after he died and days of begging the new Jackson management to preserve his trademarks that we finally said 'enough is enough."
"Johnson said estate executors didn't have an interest in the charity, until a $30 million offer came in for one of the trademarks."
"Streisand adds, "She certainly would never tap Brian Oxman for the job of filing any kind of lawsuit for her or the kids."
"According to the Daily Law Journal, Oxman’s probation began Jan. 21. He signed a stipulated settlement with the Bar. He received two years stayed suspension and — get this — must attend ethics school. I know a lot of people who would like to attend that graduation ceremony!"
"The reason was that lead defense attorney Thomas Mesereau Jr. fired Brian Oxman from the team. Oxman had come to the case as Randy Jackson's lawyer from previous domestic skirmishes within the Jackson family. But he had no experience in criminal defense matters, and often slept through crucial sessions in Jackson's child molestation case. My sources say that Oxman — who'd been missing from court for over a week — had been told by Mesereau not to appear yesterday. Oxman ignored him, however, and showed up at the start of court. When he tried to take his seat, Mesereau ordered him to sit with the public and not with the defense. Once seated, Oxman was then served with official notice that he'd been fired. The result was a fight in the parking lot with Oxman screaming at Mesereau and associate Susan Yu. But this latest move should have come as no surprise to him."
"Oxman — who was once suspended for a year from practicing law in California — got a rough start in the Jackson trial when he was publicly admonished by Judge Rodney S. Melville. Since then, he's been forced to sit behind the defense attorneys at what observers call "the children's table."
Stipulation Trickey Rickey Brian Oxman
My questions regarding Mr. Rickey Brian Oxman are as follows:
- #1. Why is Mr. Rickey Brian Oxman not utilizing his first name when he is representing Michael's father. I have noticed that when a search result is done it is very hard to locate the disciplinary actions for him when he has left out an important factor--his first name. The acutal disciplinary actions taken against him by The State Bar of California are filed under his full legal name.
- #2. Why would he always be in the media with information on the up and coming strategy for the wrongful death suit filed on behalf of Mr. Jackson. I can recall in the distant past that Thomas Mesereau as an attorney for Michael Jackson avoided the media like the Black Plague.
- #3. Mr. Oxman knows more than likely that Michael's father will win this lawsuit because it is much easier to prove wrongful death as opposed to Manslaughter or Murder charges. This case has already been tried in the court of public opinion; therefore again, what is the need to consistently stay in the media's eye?
- #4. Why would Mr. Oxman include Michael's children and mother in the wrongful death suit initiated on the behalf of Michael's father? Mrs. Katherine Jackson has her own attorney and they have stated they would not enlist Mr. Oxman to file any claims on behalf of the children or Mrs. Katherine Jackson.
- #5. Why would Mr. Oxman return to court during the child molestation trial for Michael after falling asleep which was very unprofessional and cause public spectacle when he was relieved of his duties for his actions which were detrimental to his client? Did he not want the best possible defense for Michael?
- #6. Why was Mr. Oxman sanctioned by The State Bar of California regarding prior disciplinary actions on February 28th, 1998 for Professional Rules/Conduct under Business and Professions code rule 6668(i) and Rules of Professional conduct, rule 3-110(A)?
- #7. Why would Mr. Oxman be mandated to report to a probation department based upon disciplinary actions if what he was doing was indeed warranted?
- #8. Why is Mr. Oxman required within one year to attend an ethics training session as a stipulation of this disciplinary action?
- #9. Why does the disciplinary action cite Mr. Oxman as having caused "Harm significantly to a client and the public administration of justice"?
- #10. Why does it appear as if Mr. Oxman was in some serious trouble and about to lose his license to practice law in the state of California based upon the disciplinary actions therein in the PDF document above?
I happen to trust and hold with great regard the legal professionalism of Thomas Mesereau. Thomas Mesereau would not have helped Michael as much as he did without an immense deal of legal insight, professionalism, and ethics. There are many more questions that I would like to inquire about with regard to Mr. Oxman and these actions taken against him. I will however save those for a different time. The fact remains that there are too many questions surrounding the Trickey Rickey saga of Mr. Oxman.
For whatever it may be worth there may be some truth to the following statements made by Rickey Brian Oxman on June 25, 2009.
"Brian Oxman: I have not discussed what medications he's on, because I think that's a matter for Michael's privacy, which should not be discussed. My main point has been that I talked to this family about it. I warned them. I said that Michael is over-medicating and that I did not want to see this kind of a case develop. And in particular, in the Anna Nicole case, I said if that's what's going to happen to Michael, it's all going to break our hearts."
"And my worst fears are here. I do not know what the cause of Michael’s death was. I don't know if it’s cardiac arrest. I don't know if it's an infarct. I don’t know if it’s a congenital abnormality. We have to await the coroner's results and the toxicological screening to make sure we know before we can say any kind of allegation to anyone."
"Holmes: You say he was over-medicating. He was getting this stuff from somewhere. Was he surrounded by people who were doing everything they had to do in making sure they kept this medication close by when he wanted it?"
"Oxman: He had over-medication and it was a serious problem. And the exact people who were doing this – I'm not going to point any fingers. All I know is that I had warned that this was a problem and this is my worst fear. It is a nightmare."
- "Bain: Well I know this and uhm truthfully speaking uhm after the second settlement agreement with Debbie Rowe in early 2000 [sic]. I asked Mr. Jackson if he had a will. And I would not have been responsible as general manager had I not, because this was a major legal uhm effort having uhm taking several months. He told me there was a will in place.
- Geraldo Commentary: That’s in 2007?
- Bain: This is early 2007. I asked him. Later in 2007 as we were finalizing the Sony/ATV loan agreement I asked him.
- Geraldo Commentary: How much was that? I’m sorry.
- Bain: 360 million dollars.
- Geraldo Commentary: Yikes! Uh Huh
- Bain: I asked him was there a will in place. Well he was a little bit more disturbed with me for asking the question a second time. He was so adamant on the fact that there was a will that I realized not only was he aware of a will but he was very comfortable with the decisions he made regarding it and uhm. That’s all I can say."
- 13 Q. As far as the John Branca and Tommy Motolla
- 14 investigation by Interfor, Interfor never found any
- 15 evidence that Mr. Motolla or Mr. Branca were engaged
- 16 in any fraud with Mr. Jackson, did they?
- 17 A. That’s correct. I had no evidence delivered
- 18 with that report to substantiate those claims.
- 19 Q. And in fact, that report only indicate that
- 20 Sony was depositing money in some offshore account,
- 21 apparently for Mr. -- on Mr. Jackson’s behalf, true?
- 22 A. I’m not sure about the “Mr. Jackson’s
- 23 behalf.” I would need to see the report.
- 24 Q. Okay. But you have no reason to believe
- 25 that any funds transferred to an offshore account by
- 26 Sony, you have no reason to believe that those funds
- 27 were somehow defrauding Mr. Jackson?
- 28 A. I was given no credible evidence to support 10235
- 291 those charges. I would be doing Mr. Branca and Mr.Motolla a great wrong if I said otherwise.
The investigation company that was hired by Mr. LeGrand, Interfor, states the following:
*Any court documents provided in this blog are a matter of public record and as such require no sources.