Posted on 06/02/2018 9:33:16 AM PDT by MNDude
wow! this is going to get interesting.
(Excerpt) Read more at documentcloud.org ...
Very tough to do this, but possible triple damages if they win. I doubt Weinstein ends up with two nickels to his name after all this is over.
If that is true then yes they would be liable IMO.
You just answered my question
DISCOVERY ?
Does discovery work the same in civil court? Is the purpose of this suit to get information into the legal system so it can be used in the criminal case?
The victims are suing the “officials” of the corporation.
I don’t see how the racketeering part is going to stick.
The come close to describing it as such, with companies hired by W to help him deal with accusers, but those companies are not named as defendants in the suit.
How can a corporation be guilty of a sexual act ?
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BACKSTORY The 1980 Georgia General Assembly was concerned about the increasing sophistication of various criminal elements on the public payroll (and those in elective and appointive office). The Georgia General Assembly then adopted the Racketeer Influenced and Corrupt Organizations Act (RICO), patterned after a similar federal law.
(RICO is routinely used to try to prove that a legal business was being used for illegal means, and, in at its inception, RICO was used to prosecute drug traffickers or organized crime members).
In recent years prosecutors have applied RICO to crooked government officials: (1) those accused of using their public offices for personal gain, and, (2) tax-paid officials of govt agencies using public monies to flout the law.
To bring a case under Georgias RICO law, there must be at least two underlying felonies such as fraud, bribery, witness tampering (among other felonies).
RICO allows prosecutors to include multiple defendants charged with various crimes in the blanket indictment, and to charge that govt employees, publicy-funded and publicly-sanctioned entities were allegedly part of an ongoing criminal enterprise.
RICO EXAMPLE A govt official commits two felonies by (1) accepting, and, (2) filing falsified documents.
UPDATE Georgia tried convicted and jailed 27 corrupt teachers under this law.....for falsely taking public money, falsifying official school records, and so on.
bookmark
http://variety.com/2017/film/news/harvey-weinstein-scandal-2-1202610386/
May 35 aptred Weinstein Co. Debt Tops $500 Million (EXCLUSIVE)By Brent Lang
The Weinstein Co. is trying to secure a financial lifeline that will allow the indie film and television studio to avert bankruptcy. The company still believes that it can find a buyer for its library of award-winning movies and programming without having to file for Chapter 11, but even with a cash infusion, its financial picture is bleak.
A series of sexual harassment and assault allegations involving co-founder Harvey Weinstein have triggered the studios current crisis, but knowledgeable insiders say that the company faces staggering debt levels that could complicate a sale. They estimate that the Weinstein Co. has a debt load of roughly $520 million. The breakdown of financial obligations demonstrates that the company is heavily leveraged and has extensively used its film library as collateral to secure loans that have allowed it to operate.
In terms of a breakdown, the Weinstein Co. maintains two credit facilities, one for $200 million thats secured by a library of films that includes such Oscar-winning titles as The Kings Speech and The Artist. Another is secured by its television library, which includes the Project Runway franchise. That facility is for $20 million. Theres also a series of loans for various films in production that amount to roughly $90 million, as well as production loans related to TV shows that total approximately $60 million. The company has about $50 million in corporate debt, as well as approximately $100 million it owes to talent in profit participation and residuals from the films and shows it has made over the years.
RELATED
Federal Prosecutors Investigating Harvey Weinstein Sex Cases
Nicole Quenqua Departs Weinstein Co. Ahead of Sale Closing
The Weinstein Co. has enlisted FTI Consulting and OMelveny Restructuring as it weighs a potential corporate shake-up, with the companys board relying on Moelis & Company as a financial adviser. It is also reportedly close to securing a $35 million bridge loan from Fortress Investment Group that would likely use parts of its film library as collateral. The hope is that the loan would stave off bankruptcy. However, any potential bidders a group that includes Lionsgate, MGM, and Killer Content, parent company of Killer Films would prefer that the company undergo bankruptcy, because that would indemnify them from legal obligations related to Harvey Weinsteins alleged harassment and assaults.
The extent and complexity of the debt obligations could also make bankruptcy a necessary first step toward any potential sale. Its unlikely that any potential buyer would want to take on the company until it had streamlined its liabilities.
As for Harvey Weinstein, the moguls publicist hit back at reports that he will be indicted in New York for allegedly raping actress Paz de la Huerta in 2010, saying such a move is not imminent. Weinstein has allegedly assaulted or harassed dozens of women, a group that includes Angelina Jolie, Mira Sorvino, Gwyneth Paltrow, and Rose McGowan. Police in Beverly Hills, Los Angeles, and London have also received reports of assaults.
A spokesman for the Weinstein Co. did not respond to a request for comment.
Hence,the RICO charge. A conspiracy by the suit suite to cover up alleged acts of the various directors, producers, actors, and other executives.
I hope the suit wins.
Nice! This opens up MANY boys and girls to jump in to the suit.
“How can a corporation be guilty of a sexual act ? Surely there is something else they CAN be charged with.”
Simple. They hired and knew, or should have known, of the rapists conduct.
In all tweets and posts about Harvey Weinstein it needs to be noted that he is a Democrat fundraiser and supporter of Barack Obama and Hillary Clinton.
Just as the left tied Rosanne to the President we need to entwine this perv with the Dims.
thenewyorker.com
Ronan Farrow
Weinstein used nondisclosure agreements to evade accountability for claims of sexual harassment and assault for at least twenty years. He used these kinds of agreements with employees, business partners, and women who made allegationswomen who were often much younger and far less powerful than Weinstein, and who signed under pressure from attorneys on both sides.
Weinstein also hid the payments underwriting some of these settlements. In one case, in the nineteen-nineties, Bob Weinstein, who co-founded the film studio Miramax with his brother, paid two hundred and fifty thousand pounds, roughly six hundred thousand dollars today, to be split between two female employees in England who accused Harvey Weinstein of sexual harassment and assault. The funds came from Bob Weinsteins personal bank accounta move that helped conceal the payment from executives at Miramax and its parent company, Disney, as well as from Harvey Weinsteins spouse.
In an interview, Bob Weinstein acknowledged the personal payout but said that his brother had misled him about the reasons behind it. Regarding that payment, I only know what Harvey told me, and basically what he said was he was fooling around with two women and they were asking for money, Bob Weinstein told me. And he didnt want his wife to find out, so he asked me if I could write a check, and so I did, but there was nothing to indicate any kind of sexual harassment. A former senior Miramax executive said that it was implausible that Bob Weinstein did not know about the nature of the allegations, which were reported to the company.
It has become common practice to use nondisclosure agreements to resolve allegations of sexual misconduct. Some legal experts, including the victims-rights attorney Gloria Allred, who is representing some of Weinsteins accusers, stress that victims may actually prefer such agreements. Allred told me that her firm had represented thousands of people who have entered into confidential settlements and said, some people dont want their parents, their friends, members of their community to know.
One of the buried stories of the Clinton-lewinsky era is how Hollywood came to Clinton's rescue. Harvey weinstein loomed large in this. There has been no exposition on how exactly the Hollywood elite listed payments to Clinton's sex defense fund:
<><> Did Harvey's company list these payments as "business expenses?"
<><> how did they list the donations on their tax returns?
<><> How did publicly-traded companies list their donations on shareholder reports?
<><>How did the "DreamWorks" trio, Steven Spielberg, David Geffen and Jeffrey Katzenberg, list their 60,000 dollars to Clinton's sex defense fund?
<><> How did BET list its contribution to Clinton on its corporate statements?
The biggie, of course, is the tax element.
<><> Did donors deduct it as a business expense,
<><> was it included in assets, payments listed on organization balance sheets as a "liability?"
<><> Did Clinton document it as "income"?
<><> Were the donors given a tax-free certificate from the Clinton Foundation?
======================================
When Bill Clinton was at the height of the Monica Lewinsky sex scandal, Hollywood was by his side, offering donations for his legal fees, and one significant donor was Harvey Weinstein.
Billionaire Harvey Weinstein raised $1,422,683 for federal candidates and political entities between 1990-2016. Thats small potatoes for his 27 years of rank Democratism, sucking up to feminism and upholding so-called abortion rights as he rampaged and assaulted young women. Adds up to about $5300 a year. Something tells me there are a lot of cash payments off-the-record being paid. (hat tip outpostinmass2) Crunching the numbers as outpost did does give us a sharper look at the political money game as played by the conniving Clintons.
Harvey also gave a bundle to the nefarious tax-exempt Clinton Foundation and perhaps to offshoots of the Clintons tax-free entities.
Did Harvey's donations to the C/F go to "do-good projects"? Or did they make a circuitous route?
Maybe landing back into the Clintons eternal political scams?
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