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Michael Jackson’s Immense Debt: He Borrowed Against Everything He Had

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I published these three stories together in April 2002. Before that I’d written about Michael Jackson‘s mounting debt. But this column explained a lot of what was going on. It surprised me as much as everyone else. Since then plenty of other journalists have gone back to this material. I’ve no doubt a book being published next June 2014 will borrow heavily from all this reporting. But here it is, as it was, after “Invincible” came out and before Michael got into the mess with the Arvizo family.

From April 19, 2002:

Jacko Pawned $2 Million Watch to Raise Dough

How dire is Michael Jackson‘s financial situation? Last year he was forced to put up a $2 million diamond watch in order to borrow money from a bank.

This revelation comes at a crucial time in Jackson’s roller-coaster career. It’s already been acknowledged that he’s used the Beatles song catalog to borrow $200 million from Sony Music. At the same time, Jackson is struggling with poor sales of his latest album, Invincible, and Internet rumors that Sony is ignoring the album in order to force Jackson’s hand in turning over the catalog.

This column reported several weeks ago that Jackson was in constant touch with Richard Rowe, head of Sony Music Publishing, who wants to negotiate a settlement on the loan and take possession of the Beatles catalog. Sony issued a strangely worded denial at the time, saying it did not seek “to buy” ATV Music Publishing from Jackson. But, as a Sony business insider confirmed for me, “foreclose” would have been the appropriate word since Sony technically already owns the songs.

Now the news that Jackson, who lives on borrowed money, needed to pawn a diamond watch.

Strange but true: On June 14, 2001 — three days after Jackson played the finished version of Invincible for Sony executives — he borrowed money from Bank of America. In a financing statement filed with the state of California, Michael used for collateral a “King Kalla” watch made by the tony house of Vacheron Constantine. The watch is valued at roughly $1.9 million.

The very same watch was the basis of a lawsuit filed against Jackson 11 months earlier by Beverly Hills jeweler David Orgell. Jackson, Orgell claimed, had taken the watch home with him on approval. When Jackson did not return the watch or calls from Orgell, the jeweler sued him for $1.45 million, plus $15,000 for other items Jackson hadn’t returned.

Jackson then did return the watch, but in court papers Orgell claimed the watch was a mess.

“The watch, when it was returned, had lotion on it,” Orgell spokesman Ali Soltani said in a TV interview at the time. “The watch was scratched … had food particles intertwined. This is a gem of a watch, and it was obviously used.”

On June 13, 2001, Craig Marcus, attorney for Orgell, filed a notice with the court that the case had been settled.

The next day Jackson — evidently in possession of the watch — used it as collateral for a loan from the Bank of America. The implication is that Jackson did not have the money for the watch, and immediately needed to replace the money he had to pay Orgell.

Call it the largest pawnshop deal on record. Presumably the watch is sitting in a vault somewhere, ticking away.

Marcus did not return calls. Calls for this story to Jackson’s manager, Trudy Green, and his attorney, John Branca, were not returned either.

Jacko’s Banker: ‘I Kept Him Alive’

Jackson’s penchant for borrowing money does not stop there. On June 26, 2001, he filed another Uniform Commercial Code (UCC) Financing Statement. This time, possibly because his credit was tapped out at conventional banks, he took a loan from an outfit called Royalty Advance Funding of Beverly Hills, Calif. (From their Web site: “There is no minimum or maximum amount that can be advanced. Any songwriter, publisher, composer, or producer is welcome to take advantage of our music royalty/residual advancement service. No questions asked.”)

The collateral was his music catalog, which contains hit songs such as “Billie Jean” and “Beat It,” as well as songs Jackson purchased some time ago written by Sly Stone including classics such as “Everyday People,” “Family Affair” and others.

Parviz Omidvar, the owner of Royalty Advance Funding, told me: “He doesn’t blow the money. He doesn’t misuse the money. He’s not a very big spender. If you had the same kind of money he has, you’d have the same Neverland. He makes a ton of money, that’s why he has to pay his taxes. For him, he’s in a different category than you and I.”

Jackson has used that same catalog, as well as the Beatles catalog, consistently over the last 10 years to raise cash to support his bizarre lifestyle. Some of his expenses (besides staggering legal and accounting fees) include maintenance of a zoo on the Neverland estate; a staff of 120 people; and at least one multimillion-dollar settlement to the family of a boy who claimed Jackson molested him.

The financing statement about the watch turned up in a stack of other filings — all under the UCC — that show the King of Pop in constant need of cash. Throughout the 1990s Jackson used his Neverland Valley Ranch near Santa Barbara, Calif., and his own song catalogs to borrow millions of dollars.

These loans, mostly from Bank of America and NationsBank, as well as Sony Music, were separate from loans he took using the Beatles song catalog as collateral. Those loans, still outstanding, are said to be in the $200 million range.

Although it’s not unusual for wealthy people to use their assets as collateral, it is unusual for them to put up jewelry.

One banker, a senior vice president at the Bank of America who has worked closely on Jackson’s accounts, told me yesterday: “I’ve kept him alive for 20 years. And it’s not that the advice he gets is bad. It’s him. He’s his own worst enemy.”

N.Y. Real Estate Broker Jacko’s New Pal 

But right now Jackson is depending on the advice of James Meiskin, owner of Plymouth Partners, a New York commercial real estate broker. Meiskin, who was formerly married to Jerry Seinfeld‘s sister-in-law Rebecca Sklar and is a dead ringer for the comedian, met Jackson in November 2000 at the home of public relations guru Howard Rubenstein when Jackson was introducing his new charity with Rabbi Shmuley Boteach. I know this because I met him there. Meiskin subsequently joined the board of the charity.

When I called him last week to ask about his involvement with Jackson, Meiskin rudely told me he knew nothing about the charity or anything about Jackson. When I mentioned that he had introduced himself to me at Jackson and Boteach’s Carnegie Hall charity fundraiser in 2001 — and that the money from the event had never gone to charity — Meiskin said, “I don’t know what that is.” And hung up.

But sources tell me that Meiskin has approached money people in New York, asking for names of people he might introduce Jackson to as a way of raising cash.

The pattern of Jackson’s borrowing may be cause for alarm — and reason to think he’s been getting if not bad advice over the years, then he is not as smart as he was once portrayed.

Jackson borrowed money using Neverland as collateral in late 1997. When that loan terminated, he again used his famous ranch to raise cash in October 1999. According to statistics on file in California, Neverland occupies a little over 2,500 acres. It’s assessed at $12 million with another $9 million in listed improvements. But a local realtor in Los Olivos told me the property could be worth as much as $30 million by now “if the right buyer came along.”

The total land value of Neverland is assessed at about $2 million.

Jackson’s banker said of the Neverland loans: “DO you have a mortgage? Well, that’s his mortgage.”

Jacko Borrows Against Everything He Owns

But it’s the song catalogs that keep Jackson going. They seem to be his only currency.

In August 1994 — five months after Time magazine reported Jackson had paid a multimillion-dollar settlement after a 14-year-old boy claimed he had molested him — the King of Pop signed loan papers with Sony Music in which he used his catalog of songs to secure a loan.

But apparently that loan didn’t solve Michael’s problems. In 1995, Jackson used the same catalog to borrow money from NationsBank (now Bank of America). In a separate filing with NationsBank that year, he also put up the Beatles catalog. In 1996 he again put up the MIJAC songs — including “We Are the World,” the proceeds of which were supposed to go to charity.

In 1997, Neverland was used as collateral with NationsBank, while Michael borrowed money from Sony using proceeds from his deal with a Saudi prince who promised to build theme parks with him. He also borrowed money from Sony in 1997 against the MIJAC catalog. What was happening was obvious — a shell game in which Jackson kept using his copyrights as assets against which he was constantly securing cash. As one deal expired, a new one would take its place.

In October 1999, a day after Jackson took out a new loan on Neverland, for example, he borrowed more money from Bank of America using his song catalogs. The former application was made in Jackson’s name; the latter was done under “MJ Publishing Trust.”

Bank of America and Royalty Funding are not Jackson’s only sources for getting loans. Sony Music has also been there for Jackson. A check of UCC’s filed by Sony in California show that this sort of dealing is unusual for the music company. The only other artist’s name that turns up with regularity is Luther Vandross.

According to filings, Jackson also borrowed money from Sony Music on Sept. 22, 1997, in a separate filing. In that loan, he used any money due him from a deal he’d made with Saudi Prince Alwaleed Bin Talal to start a number of business ventures. None of those businesses — including theme parks and restaurants, TV programming and films — panned out.

“You realize that by taking the loans from Sony, Michael was getting advances without having to pay taxes,” says one source knowledgeable about Jackson’s affairs. “Eventually, when the loans are called, taxes will have to be paid.”

The same could be said of Jackson’s outstanding loan from Sony concerning the Beatles. However, a Sony insider told me recently that the company is not interested in recouping the principal of the $200 million loan. “They just want the interest and the Beatles songs,” he said.

But now rumors have surfaced — in what seems to be an organized Internet campaign — that Sony purposely backed away from Jackson’s Invincible album when the singer refused to renegotiate his loan. This very column wrote something similar several months ago.

I said then that it was odd that Sony had refused to release any commercial singles from Invincible, and also refused to release Jackson’s planned charity single, “What More Can I Give?” Even though Invincible wasn’t the greatest album in the world, it had potential hits in “Cry” and “Butterflies.” In neither case did the record company make an effort to promote them. For all intents and purposes, Invincible, with domestic sales of around 2 million copies, is now dead.

Michael Jackson Admitted to Drug Addiction in 2007 Deposition

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I published this story originally the day after Michael Jackson died in 2009. In 2007, he admitted he was addicted to prescription drugs during a deposition. Here’s the original story. His addiction, and his financial disaster, were already well known stories by then. I’d written many of them. I can’t figure out what’s going on in his trial. But the depositions Michael gave in cases after he left the U.S. in 2005– many of which are on video– tell the whole story of how he got drugs, took them, and kept it a secret.

From June 26, 2009, Showbiz411.com:

jackson 250 Michael Jackson Admitted Drug Use In 2007 TestimonyMichael Jackson gave a deposition on July 25, 2007, that fully addressed his drug use. The testimony came about because of a lawsuit with former manager Dieter Wiesner.

This is what it looked like in the actual transcript, obtained exclusively by this reporter and written about in 2007. Here it is again:

Q Were you impaired by the taking of prescription medications or something else at the time you signed these two documents?

A I could have been.

Q Is that best of recollection, that you signed these while impaired, not knowing what they meant?

A I could maybe say so, but I’m not ‘ I don’t remember them.

It’s not like Jackson misunderstood the questioning, either. In the same line of examination, the attorney for Wiesner managed to get this in as well:

Q How long in 2003 were you impaired because of the taking of prescription medication?

A I don’t know.

Q Was it most of 2003?

A I’m not sure.

Q Did Dr. Farshchian prescribe that medication for you?

A No, it wasn’t Farshchian. I think it was a local.

And then there’s also this exchange:

Q As of March 31, 2003, were you still impaired because of the taking of prescription medication?

A I could have been.

Q During the period of time you were impaired by the taking of prescription medication, was this an impairment that lasted like all your waking hours, or did it come and go?

A It comes and goes, not all of the waking hours, of course not. Yes.

Q Now, during the period of time you were taking this medication when you weren’t impaired, did you ever tell one of your advisors that you were [concerned] about your impairment and they better watch what you were signing during this period of time?

A Not that I recall.

Dr. Alimorad Farshchian, of course, was Jackson’s doctor upon whom Jackson relied heavily in 2002-2003.

It was Dr. Farshchian ‘ founder in 2000 of the the Center for Regenerative Medicine ‘ who accompanied Jackson from Florida back to California in February 2003 with the Arvizo family.

The Arvizo’s eventually filed charges against him that consumed Jackson in a trial and took away a couple of years of his life.

Jackson’s vagueness about his business transactions didn’t go over so well, I was told. As usual, he claimed to have no memory of people or events that had already been documented or testified to in other cases.

After losing a multimillion-dollar case to another former partner, Marc Schaffel, Jackson was convinced by his attorneys to settle the Wiesner case instead of letting it go to trial.

For Jackson, the admission in sworn testimony that he was “impaired” thanks to too many prescription drugs was startling. It may play a part in the answer to how Jackson tragically died yesterday at age 50.

Jerry Lewis Lost Footage of “Buried” Film “The Day the Clown Cried”

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Jerry Lewis never wanted anyone to see “The Day The Clown Cried.” But now footage has surfaced of Jerry directing this lost “buried” film. It was about a clown sent to Auschwitz who had to entertain the children. Does it sound familiar? Roberto Benigni’s “Life is Beautiful” won that actor-director an Oscar for his work, which was highly praised. The film was shot in 1972 and intended for release the next year. But Lewis pulled it back and vowed no one would ever see it. This footage was uploaded to YouTube by a Flemish website.

Here’s Lady Gaga’s New Single, “Leaked” a Week Early

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Here’s Lady Gaga’s new single called “Applause.” It was ‘leaked’ today. Come on. You know all these leaks are planned as part of the promotion, right? Let’s get with it, people.

And here’s Lene Lovich from 1980:

 

Lindsay Lohan Soft Core Porn “Canyons” Total: $30,000

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Lindsay Lohan can chalk up “The Canyons” to pre-rehab mania. But the Paul Schrader directed, Brett Easton Ellis soft core porn extravaganza is done at the box office. After debuting last week, this week “The Canyons” box office fell 28%. That makes its total just $30,100.

Coincidentally, that’s the same amount rehab facilities were offering Lohan if she cleaned up with them.

Lindsay topless and looking uncomfortable, real life porn actor James Deen frontless and pantless and unable to perform (I mean act) added up to a disaster of a film that shouldn’t have been made in the first place.

IFC Films took a gamble on it becoming a cult film by paying nothing for “The Canyons.” They got nothing in return. The upside is that Deen goes back to oblivion. Lindsay can focus on turning her career around. There’s no place to go but up after “The Canyons.”

check out today’s headlines

Woody Allen: “Blue Jasmine” Could Be Bigger Than “Midnight in Paris”

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Three years ago, Woody Allen had the biggest surprise of his long, illustrious career” Midnight in Paris” became his most successful movie ever, bringing in over $56 million in the U.S. alone. Who knew?

Now Woody, in his late 70s, may be experiencing deja vu all over again. “Blue Jasmine” is on pace with “Midnight in Paris” and actually doing a bit better. This weekend “Blue Jasmine” brought its total after 17 days $6.2 million. In 17 days, “Midnight” had $6.8 million banked. The difference: “Blue Jasmine” is playing in about 40 fewer locations.

There are some other differences, too. “Midnight” was wonderful but was considered an ensemble piece. No lead or supporting actors jumped out for awards consideration. “Blue Jasmine” is like an Oscar fest. Cate Blanchett is already being talked about for Best Actress in unprecedented performance, Sally Hawkins and Bobby Cannavale each have Supporting possibilities. And the movie also has the novelty of Andrew Dice Clay.

Sony Pictures Classics only has to keep “Blue Jasmine” at a low boil for the next couple of months. Eventually they can pull it, then bring it back to theatres once nominations come in. In the meantime, the Madoff theme of the movie is obviously touching a nerve with the public, as well as with fans of Tennessee Williams– not to mention Woody Allen fans and devotees of Cate Blanchett. Could “Blue Jasmine”  break the $56 million Woody all time high? It seems very possible right now.

 

Exclusive: New Paul McCartney Album Coming This Year

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Exclusive: Paul McCartney tells me that his new album will arrive this year, before the of 2013. It may be sooner than that. The only reason McCartney would play at Clear Channel’s I Heart Radio confab in late September–which he seems to be doing– is to promote the new album. (It’s not like Clear Channel has to be persuaded to play classic Macca or Beatles.)

I ran into McCartney last night at Clive Davis’s swanky book party in the Hamptons. The eternally young ex Beatle and I discussed his recent collaboration with Italian deejays The Bloody Beetroots. I also mentioned to him how much I love Sing the Changes from his latest Fireman album. These are all considered experimental by Paul, whose last album of new material was the excellent “Memory Almost Full” in 2007.

When I asked if the new album was coming after the new year, McCartney looked surprised. “No,” he said, “Now. Before that.”

That means that 2013 was the year of Bowie, Stewart, Sting, Elton, two new Stones songs, four new Fleetwood Mac songs, a few things from Prince, Eric Burdon, Jimi Hendrix, and now Paul. (The Rod Stewart album, called “Time,” was botched in the U.S.)

Other reports suggest the McCartney album will be very modern with Mark Ronson producing at least three tracks. We are ready!

Box Office: “Elysium” Disappointment Could Be Trouble for Sony

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Strike three? Well maybe not a strike exactly, but a foul ball to the outfield. Sony’s “Elysium” took in $30 million over the weekend. That’s $5 mil less than the worst estimates, and $7 million less than similar films of its genre for an opening. “Elysium,” a sci-fi thriller starring Matt Damon, cost around $150 million- and that’s a conservative estimate.

For Sony, it’s just more bad news. This is their third tentpole movie to fail this summer, following “After Earth” and “White House Down.” They have comedy hits with “Grown Ups 2” and “This is the End.” And Tom Hanks is looking in what should be a nice hit with “Captain Phillips.” But “Elysium” will fall off quickly.

Unless international audiences really take to it, the Neill Blomkamp film is going to be more fuel for a fire started by investor Daniel Loeb. George Clooney, who has another Sony hit coming this winter with “Monuments Men,” recently warned off Loeb from causing trouble in the boardroom. But there’s little doubt that Loeb will use the disappointing results of “Elysium” to cause more trouble.

The other new entry this weekend, “We’re the Millers,” was also far off the mark. The Jennifer Aniston comedy took in $26 million, much below its expectations. It made $2 million less than “Horrrible Bosses,” a successful comedy that also matched Aniston with Jason Sudeikis. Warner Bros is still trying to figure out how badly “Pacific Rim” really did. Add that Disney’s disaster with “The Lone Ranger” and some other, smaller catastrophes and this summer hasn’t been a walk on the beach for almost anyone.

Jack Nicholson Crashes Clive Davis’s Super A List Party in the Hamptons

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EXCLUSIVE: Clive Davis came to the Hamptons yesterday and was treated like visiting royalty. Davis doesn’t often get out to the South Fork of Long Island. He spends his summers divided between Manhattan and a country house in Westchester County. So his appearance at the fabled East Hampton Library’s Author’s Night, to sign copes of his memoir “The Soundtrack of My Life,” merited a special dinner party. He got one courtesy of uber art dealer Larry Gagosian, who invited about 120 friends to his famed home, Toad Hall, a piece of stunning Charles Gwathmey architecture set on 26 acres in tony Further Lane.

How hot was this invite? Well no less than Jack Nicholson crashed the proceedings. The two time Oscar winner, who lives in Los Angeles, heard what was going on and just popped in. I asked what brought him to New York and he said, “Family stuff” without elaboration. He was charming and rascally, raising a glass of wine to Clive and chatting up old friends like Anjelica Huston, with whom he used to live, and Sir Paul McCartney.

Yes, McCartney arrived with wife Nancy Shevell and her son college student son, from their own home just around the corner. Paul told me his new album will come out before the end of the year. We talked about his son, James, who is on the road touring and playing his own songs. Paul is immensely proud of him. “I told him, you’ve got to get out there and do it. And he has. He’s finding his way.”

McCartney also talked, with a big grin, about his 9 year old daughter, Beatrice. And he got to meet the 20 year old grandson of legendary Beatles producer George Martin.

“You’re the grandson?” Sir Paul asked, astonished. McCartney was about 20 when he started working with George Martin. Time, you know, flies.

The other guests were pretty swell, too, including Jon Bon Jovi and wife Dorothea, Kim Garfunkel (wife of Art) with their 22 year old son James. Where is Artie, I asked? “He’s walking in Greece,” Kim replied. As one does.

Noted music lawyer Allen Grubman and his star realtor wife Debbie were present, as was Lorne Michaels, Owen Wilson, Jimmy Buffet and wife Janie, “60Minutes” anchor Steve Kroft and wife Jenny Conant; New Line films founder and movie producer Bob Shaye with artist wife Ava; Chevy Chase and wife Jayni; Peggy Siegal, of course, and writer Regina Weinreich; plus the world’s most famous concert promoter, Ron Delsener with wife Ellin; photographer Peter Beard; Andy Warhol cohorts Bob Colacello and Vincent Fremont; the dynamic duo of Ingrid Sischy and Sandy Brandt; Jann Wenner; and the ultra rich financiers Steve Schwarzman of Blackstone Group, and Leon Black of Apollo Global Management.

The two long tables of diners, perched in Gagosian’s aerie above the Gwathmey house, also included Clive’s attorney sons Fred Davis and Douglas Davis, grandsons, daughters-in-law, and old friends like movie producer Roger Birnbaum who traded stories with Clive from when Birnbaum worked for the music biz legend at Arista Records in the 1970s. Everyone dined on an elaborate buffet of rib eye steak, barbecued chicken, summer salads, and make -your own-sundaes.

Gagosian, a few people noted, was incredibly gracious, letting the guests roam around and see his usual art collection. It included a wonderful piece by Damien Hirst called “The Hat Makes the Man” plus a huge silver Jeff Koons standing Mickey Mouse, and a surprising fiberglass encased shark hung from the living room ceiling. There was also a Steinway baby grand piano adorned with blue butterflies, perfect for Elton John.

Many toasts and laughs later, Clive headed back to New York, McCartney was heard discussing brush strokes on a painting Gagosian showed him. Anjelica Huston, always a knock out, told me her about to be published memoir is just part 1. She’s working on a second volume now. (I’ve read the first part; it’s terrific.)

I did take the picture that goes with this story. It wasn’t easy since Jack was more skittish than the panthers I photographed on a safari. We were afraid to use the flash and scare him away. But when he was asked, he said, “For Clive, yeah.”

photo c2013 Showbiz411

Gwyneth Paltrow, Chris Martin Cause Celebrity Literary Mayhem in Hamptons

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Celebrity chasing in the Hamptons reached its summer zenith yesterday during and after the annual authors’ signing and dinners to raise money for the East Hampton Library. Gwyneth Paltrow, Alec Baldwin and Dr. Ruth Westheimer were among the “authors” gathered under a huge white tent behind Guild Hall signing their books for invited guests who paid dearly to meet them. Paltrow’s appearance caused near chaos as she was accompanied by rock star husband Chris Martin of Coldplay and their two kids, Apple and Moses.

Meanwhile, Baldwin circulated with heavily pregnant young wife Hilaria. Elsewhere in the tent there were other stars like ABC News’s Lynn Sherr. “Top Chef” host Padma Lakshmi had her books for sale, but declined to attend the event.

And then there were actual writers, like the great Robert Caro, who signed copies of his essential tome “The Power Broker” and his biographies of Lyndon Johnson. I ran into Susan Isaacs, as well. Famed artist Eric Fischl was selling his memoir.

David Browne sold out his copies of “Fire and Rain,” about rock music in 1970. Movie critic Jeffrey Lyons brought copies of his memoir about his father, the very famous columnist Leonard Lyons.

Some other notables included Nile Rodgers, A.M. Homes, Nelson DeMille and Kittys than ran from the sublime to the ridiculous: Kitty Pilgrim and Kitty Kelley.

But the curve ball star was Clive Davis, the record biz mogul, who sold out all his copies of “The Soundtrack of My Life.” Getting to Paltrow’s table proved difficult because Clive’s table, just in front of it, was an overwhelming hit. The book has just gone into its 7th printing and the paperback is coming in November. Davis’s stories about his successes in the business — from Janis Joplin to Barry Manilow to Whitney Houston and Santana–were all anyone was talking about in the huge tent.

The signing was followed by dinners all over East Hampton with the writer and authors as featured guests. (see next item)