0 Members and 1 Guest are viewing this topic.

*

paula-cTopic starter

Forget the personal comments of the author of the blog and other people, is published to way of information.


Three Agreements between Michael Jackson and Tohme



Just about a year ago, both the Estate of Michael Jackson and Tohme Tohme filed lawsuits against each other.  As the lawsuits near trial, it's important that all Michael Jackson fans, and those interested in the lawsuit, understand three key components to the Estate's claims against Tohme.  There are three main claims; the Finder's Agreement, the Services Agreement and the Indemnity Agreement.  So let's take a look at what the Estate claims on each one of these agreements between Michael Jackson and Tohme.  You can read the court documents for yourself, here. 

Finder's Agreement

1.  In early 2008, Jackson started looking for someone to refinance the loan on Neverland Ranch.  While acting as a consultant for Colony Capital AND as Jackson's business advisor, Tohme and Jackson entered an agreement in which Tohme would receive a 10% finder's fee for locating a company to refinance Neverland.  In addition, the agreement stated that Jackson would pay 10% of the gross proceeds to Tohme if Jackson sold any interest in Neverland.  Lastly, the agreement stated that Tohme would receive 10% of any future profit through any transaction brought to Michael by Colony Capital.  The Estate's claim states "the services Tohme performed for this excessive compensation were simply to introduce Jackson to Colony." 


















The Estate also claims that "the final terms imposed on Jackson contained newly created restraints in connection with Jackson's use and control of the Ranch, along with financial terms disproportionately favorable to Colony and inferior to those Jackson would have been able to obtain had he been represented in negotiations at the outside by an independent advisor without any financial interest in the transaction."  The Estate claims that by being a consultant to Colony Capital, while simultaneously representing Jackson as a business advisor AND in agreement with Jackson for a finder's fee, this is a conflict of interest, and therefore should be found legally void.  The Estate also claims that there were other options that were open to Jackson regarding the refinancing of Neverland, yet Tohme utilized his connections with Colony Capital to gain his finder's fee.

2.  Services Agreement

Jackson and Tohme entered into a Services Agreement on July 2, 2008.  The terms of the services agreement stated that Tohme was guaranteed to be paid $35,000 a month, plus expenses regardless of whether Michael made money or not.  In addition, Tohme would receive "15% of all gross compensation received by (Jackson) including live performances, merchandising, electronic arts, recorded and live telecasts, motion pictures and animated projects."  The Estate claims this agreement far exceeds the normal and customary fees charged by a business advisor.

3.  Indemnity Agreement

The Estate also claims that Michael signed 2 power of attorney documents to Tohme in August 2008, which were, like the finder's agreement and the services agreement, disporportitionately favorable to Tohme and inferior to Jackson.  The Estate also claims that Tohme had Jackson sign an indemnity agreement on August 6,2008, which gave Tohme broad indemnities which were beyond customary. 

The Estate gives the example of Tohme giving Michael's artwork to Brett Livingstone Strong as an example.  "Tohme asserts that he had the power to make the gifts pursuant to the  Power of Attorney that were allegedly executed by Jackson."  The Estate claims Tohme has no Power of Attorney to give gifts of Michael's property to third parties, and that the Estate owns all of Jackson's property, not Tohme. 

Other Claims

1.  The Estate claims that within the AEG agreement for the This Is It (TII) tour and concerts, Tohme is given, on top of the services agreement fee, $100,000 a month.  This fee is advanced to Tohme by AEG, but would have been recouped by Jackson had he lived. 

2.  The Estate claims that Tohme is still in possession of Jackson's money and property.  The estate claims not only does Tohme have some of Jackson's money ("in the millions"), but that Tohme comingled Jackson's money with his own.  The Estate also claims that Tohme is still in possession of Jackson's property; and that he may have disposed of some of the property (like Michael's artwork) without having the authority to do so. 

So if we look at Tohme's compensation agreements prior to Michael's death, here's what we have:

Finder's Fee:                                 10% profit of the sale of Neverland
                                                      10% of gross proceeds if MJ ever sold any interest in Neverland
                                                      10% of any profit MJ earned through Colony Capital
Services Fee:                                 $35,000 per month
                                                       All expenses paid
                                                       15% compensation for any work done by MJ
Power of Attorney:                        Power to do what he pleased with regard to Michael's work
                                                       or property
AEG Agreement:                            $100,000 per month

This is, like the Estate has claimed, extraordinarly outrageous and not the customary fee.  The Estate claims that because there was no independent counsel involved in any of these agreements, that they should be declared null and void, and that Tohme should in some instances, pay back double what the Estate has lost. 

You are not allowed to view links. Register or Login
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
You are not allowed to view links. Register or Login

*

marumjj

  • Hoaxer
  • View Profile
  • "Lies run sprints, but the truth runs marathons"
  • 1027
  • Smile, though your heart will hurt
Tohme is a vampire abusive, MJ trusted him and was betrayed  >:(
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions

*

RK

One thing that puzzles me is we have been told by others that Michael was a very astute business man, but this poster's article once again seems to suggest the "poor Michael....   being used and abused at the hands of leeches and sharks " image. So which one is it? Astute and sharp in business or vulnerable and easily led and deceived?  In my over-simplified thinking, one couldn't be in the industry  so long and not have gained a sharp eye in spotting the seedy and greedy common variety of human leech. It's almost as if there is two completely different personas constantly being presented.  Either that....or MJ is one excellent actor who has us all going. 
Last Edit: February 17, 2013, 09:10:11 PM by RK
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions

*

Andrea



I think there are two possibilities with Tohme.  Could be neither but this is where I'm stuck.

Either he is against Michael and was trying to rip him off through intimidation or something.  Perhaps Michael went along with it to set Tohme up.

Or, the only explanation for Tohme to deserve that kind of money is he is helping arrange things behind the scenes, especially on June 25th and afterwards.  When was the last time we saw Tohme? He's done a disappearing act as well.  But who knows, right?  The fact that we haven't seen him in years adds to his mystery.

And one of the weirdest things was TS acknowledged a question about Tohme just to say he wasn't going to say anything about Tohme.  I mean, what was that all about?
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions

*

MJonmind

Exactly Andrea!  And I believe TS totally knows what’s going on, with Tohme and the coming trial! :errrr: :woohoo2:

I know this is old video knowledge, but it can’t hurt to rewatch:
At 2:45 it is stated that Tohme intimated that he didn’t feel Michael would make one date in London.
Geraldo at 4:00 states, Tohme said he was going to screw Michael and the entire Jackson clan… When Tohme was fired, he lost it and said he would bring death and destruction on the Jackson family.
Near the end of the video, it was said that there will be others besides C Murray investigated for MJ’s death.
Okay so this is back in Nov 09.  Clearly these witnesses hearing these kind of threats would be evidence against Tohme, Colony and AEG.

[youtube]http://www.youtube.com/watch?v=MTxOdI-fPhc[/youtube]

Okay now here is the video of MJ’s taped phone call to June Gatlin saying he didn’t like, trust, and was afraid of Tohme. Then the reporter asked how could MJ let this man into his life. They then go back to 2008 when MJ was supposedly frail and weak and show him in a wheelchair.  Well we know from Jermaine that MJ was fooling the public and doing a “Willie Wonka” or trick with the pic in a wheelchair.  It really seems to me this whole thing is a set-up by MJ.  Andrea I agree with you on the choices.
It’s certainly NOT that MJ is weak and naïve as the media is painting him.

[youtube]
You are not allowed to view links. Register or Login[/youtube]
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions

*

suspicious mind

You are not allowed to view links. Register or Login
One thing that puzzles me is we have been told by others that Michael was a very astute business man, but this poster's article once again seems to suggest the "poor Michael....   being used and abused at the hands of leeches and sharks " image. So which one is it? Astute and sharp in business or vulnerable and easily led and deceived?  In my over-simplified thinking, one couldn't be in the industry  so long and not have gained a sharp eye in spotting the seedy and greedy common variety of human leech. It's almost as if there is two completely different personas constantly being presented.  Either that....or MJ is one excellent actor who has us all going. 

umm there can be a big difference in knowing how to make money and knowing how to keep it.
just sayin' :icon_pale:  i remember a statement made by tom messurae regarding this during the trial.
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
"I am sending you out like sheep among wolves. Therefore be shrewd as serpents and as innocent as doves."  You are not allowed to view links. Register or Login




Why not just tell people I'm an alien from Mars? Tell them I eat live chickens and do a voodoo dance at midnight. They'll believe anything you say, because you're a reporter. But if I, Michael Jackson, were to say, "I'm an alien from Mars and I eat live chickens and do a voodoo dance at midnight," people would say, "Oh, man, that Michael Jackson is nuts. He's cracked up. You can't believe a single word that comes out of his mouth."

*

Andrea


Thanks for posting those videos again MJonmind.  Tohme perpetrated the image of Michael being drug-addicted and unable to perform the concerts.  Which is the "accepted" opinion of most of the world.  And Michael was aware that his phone call with Gatlin was being recorded so he said what he wanted people to hear.  So I'm still stuck on those two options, lol.  Tohme is either helping or was trying to hinder Michael.  Although it would be clever to have someone working for Michael that everyone suspected was bad news.  Actually, it was a year ago yesterday that TMZ posted a similar article on Tohme. 

You are not allowed to view links. Register or Login

Interesting paragraph from that article: "Estate lawyers are anticipating a lawsuit by Tohme against the estate for the money he claims he's owed, and the Estate wants to shut him down before a suit is filed."

So Tohme, according to TMZ, did file a lawsuit, which was immediately rejected by the Estate - article written the same day as the above one.

You are not allowed to view links. Register or Login

And then we haven't heard anything since.

All indications point to Tohme being a bad guy who was trying to fleece Michael...but if that's what the media is telling us does that make it true?? Because we know the media lies.  What have the Jacksons said about Tohme?  I found a quote from La Toya but I don't know if there is an actual recording of her saying this : "As soon as he began acting as Michael's business adviser, he fired key people who had been close to Michael for years. ... Once Tohme shut out the rest of the world, he would be able to steer Michael toward business ventures that were profitable for Tohme and his friends."   

So what's the deal then? This hoax has so many characters where you just don't know what's really going on...which I imagine is TOTALLY intentional.
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions

One other thing concerns me with this Tohme character.  If you go to the article that Paula posted, go to the link that she included, look at the 2nd picture there.  I know we've seen the picture before, but since the subject has come up, I wanted to discuss it here.
Tohme is holding Michael's arm in what looks like a very tight grip.  Look at the expression on Michael's face, and the way he's looking back at him.  They say "a picture is worth a thousand words".

We've seen Michael out and about a lot before and after this picture with a lot of bodyguards, but  we haven't seen any bodyguard do that.  Michael is not a child whose hand you have to hold to make sure he doesn't run away suddenly.  Michael looks like he's about to tell Tohme off, and he wants to pull his arm away from Tohme's grip.....
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions

*

paula-cTopic starter

You are not allowed to view links. Register or Login
One other thing concerns me with this Tohme character.  If you go to the article that Paula posted, go to the link that she included, look at the 2nd picture there.  I know we've seen the picture before, but since the subject has come up, I wanted to discuss it here.
Tohme is holding Michael's arm in what looks like a very tight grip.  Look at the expression on Michael's face, and the way he's looking back at him.  They say "a picture is worth a thousand words".

We've seen Michael out and about a lot before and after this picture with a lot of bodyguards, but  we haven't seen any bodyguard do that.  Michael is not a child whose hand you have to hold to make sure he doesn't run away suddenly.  Michael looks like he's about to tell Tohme off, and he wants to pull his arm away from Tohme's grip.....


It is true that it seems as if Michael   would like to Tohme removing her hand, It is the gesture that makes Michael with the arm

friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
You are not allowed to view links. Register or Login

We discussed this very thing a while back on the old forum.  Here is the link  You are not allowed to view links. Register or Login
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
"Don't stop this child, He's the father of man
Don't cross his way, He's part of the plan
I am that child, but so are you
You've just forgotten, Just lost the clue.”

MJ "Magical Child"
Still Rocking my World…
   and leaving me Speechless!

“True goodbyes are the ones never said

*

sweetsunsetwithMJ

  • Hoaxer
  • View Profile
  • 2626
  • Michael I am looking forward to your BAM!!
Michael would never show a bad gesture toward anyone in front of the public although he were feeling uncomfortable, his education doesn't allow him to do so.
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
I WANNA BE WHERE YOU ARE!!

*

Andrea

You are not allowed to view links. Register or Login
You are not allowed to view links. Register or Login
One other thing concerns me with this Tohme character.  If you go to the article that Paula posted, go to the link that she included, look at the 2nd picture there.  I know we've seen the picture before, but since the subject has come up, I wanted to discuss it here.
Tohme is holding Michael's arm in what looks like a very tight grip.  Look at the expression on Michael's face, and the way he's looking back at him.  They say "a picture is worth a thousand words".

We've seen Michael out and about a lot before and after this picture with a lot of bodyguards, but  we haven't seen any bodyguard do that.  Michael is not a child whose hand you have to hold to make sure he doesn't run away suddenly.  Michael looks like he's about to tell Tohme off, and he wants to pull his arm away from Tohme's grip.....


It is true that it seems as if Michael   would like to Tohme removing her hand, It is the gesture that makes Michael with the arm




Yes I've always found that photo to be disturbing.  It shows Tohme as an intimidating, manipulative man. 

The only "acceptable" explanation for this would be if MJ told Tohme to "manhandle" him as MJ knew it would be scrutinized for months and years to come - it would add fuel to the fire that MJ wasn't in "control" of his life leading up to his "death".
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions

You're right hes, the subject has been discussed a while back, but isn't it helpful to go back and re-address some posts/threads/topics with newer minds (so to speak)?  Michael looks like he's cringing, and wants to pull his arm away from Tohme's grip. 
I know that this was also discussed before, but did we ever come to an understanding or figure out why Tohme was with Jermain at the hospital at jermain's announcement.  Listening to Michael's own words about Tohme, looking at this picture, if Michael was so deathly scared of him and wanted him out of his life, why would Tohme be at the hospital commenting and announcing that "Only Jermain is allowed to comment about Michael's death and no questions will be allowed" sorry, I know these aren't his correct, exact words, but close enough, I hope you get the point.
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions

Of course Faith.  That’s why I posted the link.  Shows our opinions haven’t strayed that much.  :beerchug:
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
"Don't stop this child, He's the father of man
Don't cross his way, He's part of the plan
I am that child, but so are you
You've just forgotten, Just lost the clue.”

MJ "Magical Child"
Still Rocking my World…
   and leaving me Speechless!

“True goodbyes are the ones never said

*

paula-cTopic starter

You are not allowed to view links. Register or Login
We discussed this very thing a while back on the old forum.  Here is the link  You are not allowed to view links. Register or Login




Yes, we are reviewing old themes to see if we can find something that they have not seen before
friendly
0
funny
0
informative
0
agree
0
disagree
0
pwnt
0
like
0
dislike
0
late
0
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
No reactions
You are not allowed to view links. Register or Login

 

SimplePortal 2.3.6 © 2008-2014, SimplePortal