|Howard Mann: Does this guy look trustworthy?|
Yes, just how did he get his paws on these items? This is the question my dear Watson indeed!
|High power bidders at an auction|
- "I'm gonna defend myself and then maybe the world is going to know about the sex objects we found in there."-Henry Vaccaro
- "He also told her that a British tabloid was offering him "seven figures" for a "particular item" from the memorabilia locker. Mann declined to identify the item or the publication but said it was clear the paper's goal was to smear Jackson's memory."
|THE SATELLITE ESTATE|
- "But if it does get nasty, Vaccaro explains he'll reveal another Jackson secret: "I'm gonna fight like hell... If this is what he feels he has to do to improve his image, come after me. "I'm gonna defend myself and then maybe the world is going to know about the sex objects we found in there."
- "After buying Vintage Pop, Mann approached Katherine Jackson to seek the family approval he felt was necessary before trying to sell merchandise to fans. He said he told her that he could provide regular cash payments with more ease than the estate, which was encumbered by her son's debt. He also told her that a British tabloid was offering him "seven figures" for a "particular item" from the memorabilia locker. Mann declined to identify the item or the publication but said it was clear the paper's goal was to smear Jackson's memory. At the family's request, he destroyed the item and returned a box of other personal items to the family. "He was nice enough to come to me with those things and I really appreciated what he did," Katherine Jackson recalled. The relationship has not been without missteps. This fall, Vintage Pop gave the gossip site TMZ a track from the memorabilia locker that the site advertised as never before released. It turned out to be a remix of an old Jacksons track, "Destiny." The fan backlash was swift and brutal, and Mann had to issue an apology."
|FROM OXNARD, PACIFIC|
|United States Marshall Insignia|
|TO ASBURY PARK, ATLANTIC|
|TO LAS VEGAS, NEVADA|
You see that the story of this storage facility is beset with questions. The overwhelming majority of these items is just worthless, left overs from an auction; you get an idea when you watch the video with the estate's lawyers searching the boxes in the Las Vegas facility... What Howard Mann acquired, his only real asset is that court ruling which he believes applies not only to the physical assets in his "vault" and copyrights and rights to publicity related to these same physical assets but to any copyrights and rights to publicity past, present and future. This is why he has the This Is It imagery and the Earth Song images and all the rest on his website. He is even infringing on copyrights owned by Sony here! Think about it. This would essentially mean that this court ruling took those rights away from Michael altogether. The estate called his interpretation "creative" - I call it malicious intent.
After all this, it is an outrage to call those auction rejects and raw recordings in combination with an idiosyncratic interpretation of a court ruling a satellite estate worthy of Michael, equaling Michael's official estate. All the doubtful dealings related to these items, the threats, the blackmailing using the contents of that specific wardrobe box - Henry Vaccaro used it to threaten Michael should he dare to sue for his items, to create publicity and to increase the value of his memorabilia collection; the CEO of Universal Express used it to blackmail Michael; and now we have Howard Mann doing the same... who is also using Michael's children who cannot possibly have a full understanding of the background. Watching the Good Morning America segment, you see them unknowingly interact with people who are openly out to cut themselves a slice from what is solely theirs, irrespective of what is stated in no unclear terms in Michael's last will and testament - it does not matter to these people what Michael had wished for. They just want their money. And notice, just imagine for a moment a court sides with Howard Mann. This would mean Vintage Pop Media, his company, can make money with the brand "Michael Jackson", and no limits here. And then look at the contract he has with Katherine - 25% of the profits go to her, 75% to Vintage Pop Media. On the other hand, Vintage Pop Media is not carrying any of the financial burdens the lawfully established estate is facing, so this just profiting, a free ride at the expense of the children.
- "When he looked closer, however, he concluded that the most valuable thing Vintage Pop had was not a particular piece of memorabilia but the court decision. As Mann saw it, whoever owned the company Jackson had sued, Vintage Pop, was forever immunized against intellectual property suits from Jackson or his heirs and had free rein to make money from Jackson's name. "This is effectively a satellite estate. Its value is unfathomable," Mann said."
In the following, please find the sources for this story of a storage...
|NWWL's DVD Cover|
This is all about naked women and wrestling. As seen on Spike all the dudes reading this blog right about now know just what I am talking about here--my boys. As we know Carmen being the hostess of the show was all for it. This is beer and beer nut action--on the sofa action--when your wife is out to play and if you taped it--you had it right before Monday Night Football... The best of both worlds you could NOT get better than this fellas! And if you were a bachelor during this time man...
|Howard better have my money.|
- "According to documents filed Wednesday in Los Angeles Superior Court, Electra was supposed to receive $400,000 and a cut of the proceeds from DVD sales and pay-per-view fees for four hosting appearances and her company, Electra Blue, has to date only been paid $100,000. They entered into the deal on Jan. 26, 2004, per the complaint. Meanwhile, Toronto-based NWWL Productions president Howard Mann said in a statement released to E! News that he entered into no such agreement with the erstwhile Playboy Playmate, calling her lawsuit "malicious and highly damaging." "I feel her claims are nothing more than a desperate cry for attention," Mann said. "Carmen's financial issues are are simply not my concern...I am currently engaging California counsel to actively defend my position, and I will be seeking damages for defamation, slander and malicious persecution." Electra has also accused the NWWL and several other companies and individuals, including Erotic Wrestling Productions, Full Speed Productions and Virtcom Enterprises, of unlawfully trading on her good name to promote the league, whether by referring to it as "Carmen Electra's NWWL" or stating "Carmen Electra Presents NWWL." The 35-year-old actress' suit also states that the plaintiffs used her "name, voice, image, likeness and/or attributes" without her consent for the covers of such illustrious DVD titles as Operation Naked Storm, Bush vs. Hussein, Tag Team Dream and Twin Peaks."
Whoa apply the breaks for a minute NWWL is a tad too racy! Hold on a minute here, pardon me lady did you say dismissed Ms. Electra??? I am confused here what you allege in this complaint basically states that Mr. Mann seems to have stiffed you for quite a wad of cash! Please do not attempt to insinuate that there is not something more to this as I have eyes to see where this is going.
- Carmen Electra's lawsuit against the Naked Women's Wrestling League just took a three count -- a portion of it's been dismissed."
This contract was endorsed/notarized by a Court Approved Notary Ms. Nancy Ponamarenko (Earth to Space Shuttle come in you are steering off course! This woman really exists!)
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- "The family is fine with it. Who cares about the money? We have enough money. If I cared about the money, I'd be doing a reality show and doing interviews."
- "When Michael was alive, he went to great lengths to protect his children and keep them out of the spotlight, and because of that, Katherine tells TMZ, they will not be featured. She said that Michael “would never want his kids to appear on TV, much less on a reality show."
- "TMZ has obtained a contract Katherine signed with Vintage Pop Media (VPM), the company that owns tens of thousands of photos, videos and other MJ items. Under the deal -- which is not sanctioned by the MJ Estate -- Katherine agreed to participate in the production of "The Katherine Jackson Story," some sort of MJ documentary set to music. Katherine also agreed to pen the book that was just released, "Never Can Say Goodbye." In return for her work, VPM -- owned by her controversial business partner Howard Mann -- agreed to pay Katherine 25% of the net profits with a minimum monthly guarantee of $10,000-a-month. But here's what's really interesting ... there's no end date for the $10-grand-a-month, so if you read the contract literally, VPM agrees to pay Katherine at least $10k-a-month for the rest of her life. And get this. The contract also says Katherine has the legal right to "forever bind" Michael's kids, Prince, Paris and Blanket. According to sources familiar with the MJ Estate, Katherine does not have the power to contractually bind Michael's kids. Katherine is already raking in $26,000-a-month from the MJ Estate, but she's complaining she wants more."
Not to mention that the estate is also working for charities - what does all this talk about what Michael wanted mean? What Michael wanted is stated in his will and trust document. All assets are to be transferred to his trust, and 20% of the value of this trust (before taxes) are to go towards children's charities, selected by a process described in detail in the trust document.
- Randy Jackson: Oprah 'Last Person' Michael Jackson Would Have Wanted Near Children: He vented in a series of posts on Twitter on Wednesday. He said: "I know how Oprah feels about my brother and family." He noted that when the jury was deliberating Michael Jackson's fate on child molestation charges in 2005, Winfrey did a show on pedophilia. Randy Jackson said it wasn't a coincidence. Randy Jackson added he disagrees with his parents allowing the interview but still loves them.
If you are indeed so interested and consumed with the preservation of Michael Jackson's legacy as you claim then why would you release things of this kind to the media & the masses??? Beyond that Howard according to various news reports you stated that Mrs. Jackson released this recording to the public as if it was done with her blessing. In all actuality you did not even discuss releasing this material with Mrs. Jackson! By doing this you are damaging a legacy which was years of hard work and dedication. (If I am not allowed to market Michael Jackson then I will release incomplete masters to the public which were located in the storage container and NOT ever meant for public consumption!)
- "The song -- "Opis None" -- was pulled from the archives of JacksonSecretVault.com ... a company in which Katherine Jackson is a partner. The company owns nearly 300 unreleased MJ tracks ... along with never-before-seen video and memorabilia. Howard Mann, Katherine's partner in the company, tells TMZ, "In an effort to overcome the confusion as to the authenticity of the track the estate has recently released we want to give an actual authentic Michael Jackson track to the world ... for free."
Mrs. Jackson Speaks About The Michael Jackson Estate "Now she's speaking out about dealing with court cases related to her son's death, lawsuits and how the family is trying to move on."
Mrs. Jackson has the right to publish a book about her son for me because she does. Michael is her son:
- "In defense of the Jackson Family there needs to be a limitation with respect to the IP Rights regarding someone's likeness! What if I have a family member which is A MEGA STAR--now in the afterlife--and I wish to throw a huge fundraising event surrounding them."-X1
If Mrs. Jackson went to the estate to market this book--it would have been handled much more tastefully than what Mr. Mann has done to Michael's Image! Respectfully, if Howard Mann is marketing Michael then we as supporters & fans have a duty to speak up when Michael is being marketed wrong.
- "Katherine Jackson is unloading on the lawyers overlooking Michael Jackson's Estate--calling them "greedy" ... and claiming they're filing lawsuits left, right and center just to make a quick buck. In a recent interview from the Michael Jackson Secret Vault, Katherine says, "All these lawyers that are involved in Michael's business since he passed--there's a lot of them--I think they're trying to create different lawsuits and things because they're greedy and they want to get paid."
- "It's been a difficult time for me ever since my son passed," said Katherine Jackson. "When I'm in that courtroom I can't stand to look at that man [Murray]…and I go because I love my son...I just feel I have to be there. It's the same way when they was accusing him of molesting, molestation…I was there every day."
- "Finances were on her mind a few months after her son's death when she was approached by Mann. The business partners seem an odd pair: Katherine Jackson is a devout Jehovah's Witness while much of Mann's résumé is X-rated. Mann was the former chief executive of an online gambling site that featured topless porn stars as dealers and also headed up the Naked Women's Wrestling League, an outfit that made its biggest headlines when it was sued by its hostess, Carmen Electra. But when Mann introduced himself to Katherine Jackson a few months after her son's June 2009 death, he offered her two things she wanted: money and the opportunity to protect her son's reputation from yet another damaging press report."
- "As Mann saw it, whoever owned the company Jackson had sued, Vintage Pop, was forever immunized against intellectual property suits from Jackson or his heirs and had free rein to make money from Jackson's name." "This is effectively a satellite estate. Its value is unfathomable," Mann said." "Vaccaro and his family were stunned by his assessment of the judge's declaration."
- "In a telephone interview, Katherine Jackson praised administrators John Branca and John McClain for doing "a very good job" managing the estate but criticized her monthly cash allowance of $7,000 to $8,000 as inadequate and said it left her dependent on Mann to cover her expenses."
- "The judge just approved the fee request, stating that the arrangement actually could save the estate money -- because the traditional way of making deals with managers, lawyers, etc. costs a bloody fortune. One item excluded from the 10% -- a portion of the profits from the movie, "This Is It." The judge also gave McClain and Branca the right to green light deals without going back to court every time for permission. The judge gave McClain and Branca props for raking in the dough for the estate .... calling their performance "extraordinarily impressive."
- "Michael Jackson's mother and his three children receive an allowance totaling more than $86,000 a month, according to court documents released Thursday. The money given them by the Michael Jackson estate is in addition to the maintenance of the home -- which is owned by the estate -- in Encino, California, where Katherine Jackson lives with her grandchildren, the papers said."
- "Control of the estate's assets, however, was given to lawyer John Branca and John McClain, a former music industry executive. Jackson named them as trustees in his will. The petitions filed by Branca and McClain in July, and later approved by Judge Mitchell Beckloff, outlined $26,804 in monthly expenses for Katherine Jackson."
- "We're told Katherine Jackson is happy with the job the executors have done-- namely filling the coffers with hundreds of millions of dollars--but sources say family members are in her ear, getting her to sign off on ventures that end up hurting the estate, MJ's kids, and Katherine herself."
- "Last night Howard Mann slammed the Estate for the suggestion it's more invested in helping MJ's children than he and Katherine -- saying, "I would ask if the Estate has ever met those children, ever spoken to those children. To me it's a farce that they care about what happens to those children."
- "The largest amount from that, $4,722, pays for an assistant for her. Another $3,500 each month is budgeted for clothing for Katherine Jackson, who is 79 years old. She's also given $2,000 each for a housekeeper and driver. She has a $1,500 entertainment allowance each month, the documents said. The details of the children's budget are mostly blacked out at their lawyer's request."
- "The documents did reveal the three children get a combined $60,000 a month from their father's estate. They pay $14,600 a month for salaries and payroll taxes for people who take care of them, according to the petition. Michael Jackson's children get $13,260 each month for entertainment and related expenses, the papers said. The petition estimated Michael Jackson's estate is worth at least $500 million and is growing."
- "The estate disputes the suggestion that administrators are not meeting her living expenses. Weitzman, the lawyer, noted that the allowance was approved by a probate judge and said the cash payments were only one aspect of the financial support that administrators provided. The estate also paid off the mortgage on the family home in Encino and foots the bill for household staff, security, vehicles, food, tuition and vacations."
- "The estate has spent millions of dollars for Mrs. Jackson's benefit and on the direct living expenses of both Mrs. Jackson and the children," Weitzman said. But for Katherine Jackson, it is not enough. "I think I should be getting more," she said. She declined to specify why she needed the money. Her husband, Joe, sought an allowance from the court but was denied. Several other grandchildren also reside at the family home."
The estate is burdened with loans and claims that are still pending in court-in this Howard Mann is right. For the purposes of this blog I will not be considering all the lesser claims and loans and burdens focusing on the single largest loan which is secured by the Sony/ATV catalog. Moreover, since this was not sufficient at the time this specific loan was negotiated (2006) Michael had called Sony in for additional backing which Sony provided. Michael is a long time business partner of Sony. They had a natural interest not to destabilize the Sony/ATV business by maybe having to face another business partner, like e.g. a hedge fond! Thus, Sony backed the loan, however, as is normal with business dealings of this importance and value, Sony had to get something in return. Do not forget, Sony is subject to certain rules of conduct, it is a publicly listed company, they have responsibilities towards their shareholders. Thus, they secured specific rights to Michael's 50% of the Sony/ATV business in case he defaults on the loan Sony was backing which would have meant Sony would have had to carry the financial burden, after all.
And now - that loan was up towards the end of 2010. Thus, the estate either paid it in full or negotiated a new loan with the lending bank covering what was left from the original loan. What they needed was either a large amount of available unburdened money which would not have made a lot of sense as they need money to invest in other projects so that the estate can diversify and base the estate on more than just one pillar, or two. One such project are the Cirque tours. The estate shares with the Cirque company-they get 50% of the profits, but also have to cover 50% of costs and investments way before any revenues start streaming. The cirque projects' investments are at least at 100 Mio USD so the estate needs to come up with at least 50 Mio USD. This just serves to show that the estate needs to keep money available. Thus, as for an alternative option, it was a wise approach to negotiate another loan to cover what remains of the first loan, even if they had that amount of money availabe, and preferably at better conditions, i.e. lower interest rates and if possible, special amortization rights which means the estate can pay back an extra amount per year, let us be quite conservative and say they secured the right to pay back an extra 10 Mio USD on top of the rates each year. This can serve two purposes: it brings the interest rates down (if they are not averaged) and it will help to pay off the loan earlier, i.e. shorten the duration of the loan.
So far Mr. Mann's comment he could come up with some real cash much easier than the estate which has to address the debt situation corresponds to the actual situation, to a certain degree. The estate would probably not have that much of a problem to add those $10,000 on top of what Katherine is already getting. Much of her allowance is for a certain purpose, the estate is probably paying salaries directly so in fact the actual cash she has access to is limited and not the $26,000 granted to her by the judge. Indeed, she had filed papers that detailed her financial needs, the judge looked at them and granted her a specific monthly allowance, as this is what the trust document stipulates if you read it.
Now let us look at what Mr Mann has to say about the estate not looking after the beneficiaries and acting in their best interest.
The Sony contract covers 7 years, starting in 2010, ending in 2017. By this time, something else will most certainly have happened - the large loan for which the Sony/ATV catalog served as a collateral and which was additionally backed by Sony, in return for which they gained specific rights to Michael's 50% of the catalog, will have been paid back in full. This does not just mean the estate got rid of its single largest financial burden, it also means Sony's specific rights to Michael's 50% of the catalog will have expired. Their purpose is non existent any more. It means - the most valuable asset of the estate will be burden free and no external party has any rights to it anymore.
It seems Sony closed this enormous deal that many were surprised about to stabilize its business partner who is Michael Jackson, now represented by his estate. In 2017 their business partner will be burden free and independent from them (in that their rights expire). You could also say that with those specific rights Sony actually protected the Sony/ATV in the past. Michael Jackson and Sony have been business partners for many years. Both parties' interest is in a stable business relationship to create maximum revenues from their asset.
But yet something else will happen in 2017. Prince will be 19, and Paris 18. At that time, the Sony contract will expire. They can then be part of the decision what is going to happen next. They can also be part of a decision with regard to the Sony/ATV catalog. Their father fought hard to secure the future for his children. This is why he entered into the AEG contract-to generate revenue streams to be able to address his financial burdens. He could not accomplish his goal while he was alive, being surrounded by people who definitely did not act in his best interest, but I see this being accomplished now. Right now, efforts are under way to have the estate burden free and in full control of its assets by the time Prince and Paris, who can speak for their brother Blanket, are no children any more, with claims and burdens erased. In 2017, all this will have been accomplished.
This all takes some more business skills and knowledge of the industry than a vault (formerly known as warehouse) full of auction rejects, some 273 pretty old mastertapes and a few other items Mr. Mann, the gentleman he is, would not ever mention the existence of (no, not ever, he just goes and destroys them and keeps discrete).
- "These joint endeavors are becoming a headache for estate administrators, who seem reticent to offend Katherine Jackson, the guardian of the singer's three children and a much admired figure to fans. A lawyer for the estate dismissed Mann's novel legal theory as flawed, but the administrators have not moved to stop sales of his unauthorized Jackson products as they have others who tried to cash in on Jackson's name or likeness. For the past five months, the estate has sat silent as Mann's company, Vintage Pop Media, has touted its ownership of a trove of Jackson memorabilia — photos, personal papers, costumes and music — and hawked the book, calendars and other items on its website."
- "A dismissal with prejudice is dismissal of a case on merits after adjudication.The plaintiff is barred from bringing an action on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it. A court has inherent power to dismiss an action with prejudice if it is vexatious, brought in bad faith, or when there has been a failure to prosecute it within a reasonable time. When a plaintiff who has commenced an action fails to comply with discovery devices, a court, which has issued the order of compliance, may sua sponte dismiss the case with prejudice. In criminal prosecutions, dismissal with prejudice bars the government from prosecuting the accused later on the same charge. A dismissal with prejudice is made in response to a motion to the court by the defendant or by the court sua sponte, if the accused is deprived of the constitutional right to a speedy trial".
- "Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. Three types of disputes are resolved through adjudication:
- 1. Disputes between private parties, such as individuals or corporations.
- 2. Disputes between private parties and public officials.
- 3. Disputes between public officials or public bodies."
Claim Law Definition:
- v. A demand for money or property.
- n. An assertion that one is entitled to, or the perceived or actual right to receive, money or property.
- n.The totality of facts that gives rise to a right to receive money or property that is enforceable in court.
- n. In some states and in the federal courts, the same as claim for relief.
|Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.|
|Meet Howard The Reptilian!|
- Draco (pronounced /ˈdreɪkoʊ/; Greek: Δράκων, Drakōn) was the first legislator of ancient Athens, Greece, 7th century BC. He replaced the prevailing system of oral law and blood feud by a written code to be enforced only by a court. Because of its harshness, this code also gave rise to the term "draconian".
We shall see the evidence while the judge is seeing it--if there is no gag order on this case. This case is not about John Branca this case is about copyright infringement. Bottom line they have been made administrators of that estate and until they do something wrong they will remain there. If all of the proof that Joe had which stated that Branca was fired did not make a difference--what is this so called proof circulating around on the internet going to do???
If the parents of Michael Jackson were not able to remove the administrators of the estate then who the heck else can if they have no concrete proof of any wrong doing. If you check the California Bar you will see that John Branca has not one shred of misconduct on John Branca's record. However, it seems that people have a way of disregarding proof of this when they wish to hear what they want to hear.
I cannot state for the record that this is same for Brian Rickey Oxman... When Mr. Oxman files cases they get tossed out of court or either Joe makes a decision not to follow through on them. If I recall correctly [in my distant memory] someone, somewhere, somehow stated they have proof of Branca's alleged wrong-doing. If this is NOT proof coming directly from the legal documents that will be or have been filed--I will not consider it as it is just fanfare. I reject your deposit.
That portion has already been decided until a judge in a court of law should so deem the present decision revocable!
See for yourself below: