Harvey Weinstein Employment Deal Now Public (required to pay company for sexual misconduct)

Alleged victims of Weinstein's sexual misconduct convince a judge to let them move forward with a lawsuit that was paused by the bankruptcy of The Weinstein Company.

Six women who say they were victims of Harvey Weinstein's sexual misconduct scored a victory today when a judge overseeing the Chapter 11 bankruptcy of The Weinstein Co. lifted a stay on their lawsuit. The judge also ruled that Harvey Weinstein's employment agreement should be unsealed, and the women promptly lodged it into the public record.

The agreement (read here) reveals Weinstein was earning a base salary of more than $2.6 million and 25 percent of annual net profits. He was also under obligations to reduce overhead at the company by tens of millions of dollars.

But the most controversial aspect of the employment agreement pertains to what Weinstein would need to pay the company if his misconduct resulted in TWC having to make settlements for his behavior.

The provision has been rumored about for months ever since TMZ carried a story entitled, "Harvey Weinstein Contract with TWC Allowed for Sexual Harassment."

That's not quite accurate, but here's what the "Code of Conduct" section states:

"You and the Company recognize that, in addition to being indemnified for the amount of payments the Company is obligated to make as a result of your misconduct, such misconduct can cause significant damage to the Company which is difficult or impossible to measure. Accordingly, if your misconduct results in the Company making an Obligated Payment to a person damaged by such misconduct, in addition to the indemnification set forth in subparagraph i.(a) above, you will pay the Company liquidated damages of $250,000 for the first such instance, $500,000 for the second such instance, $750,000 for the third such instance, and $1,000,000 for each such additional instance."

This section is important because Louisette Geiss, Katherine Kendall, Zoe Brock, Sarah Ann Thomas, Melissa Sagemiller, and Nanette Klatt — the women who are attempting to lead a class action lawsuit — are attempting to establish knowledge and awareness on the part of TWC's board and how the company is vicariously liable for Harvey Weinstein's actions.

Attorneys for The Weinstein Company argue the controversial contractual provision hardly establishes ratification or endorsement of his behavior and warned the judge today at a hearing that it would be a distraction for the debtors.

U.S. Bankruptcy Judge Mary Walrath rejected those arguments and granted a relief from the stay. Her decision came on the same day that Harvey Weinstein was in New York, where he was arraigned and plead not guilty in a criminal case alleging that he raped two women.

Just a little bgrnd on how to get a movie contract in Hollywood.

NY POST BY BRUCE GOLDING, Oct 15, 2017 Famed former Manhattan sex-crimes prosecutor Linda Fairstein worked as a consultant for Harvey Weinstein after he was accused of groping a model in his Tribeca office two years ago,according to a new report Sunday.

Fairstein helped set up a series of meetings between Weinstein’s lead defense lawyer and Martha Bashford, the head of the Sex Crimes Unit in the Manhattan District Attorney’s Office and a “close friend” of Fairstein’s, the New York Times reported.

Manhattan DA Cyrus Vance Jr. later declined to prosecute Weinstein over the March 27, 2015, incident, and last week said his decision was “guided by the sex-crime team.”

Prosecutor Fairstein — a best-selling novelist who in 2007 wrote a Vanity Fair column about wanting to make a movie with Weinstein — defended her decision to work for the since-disgraced producer by vouching for defense lawyer Elkan Abramowitz.

“Calling Ms. Bashford to tell her who Elkan was and to ask her to consider meeting with him is the kind of thing I do four to six times every year,” she told the Times. The Times didn’t detail Fairstein’s consulting deal, but said the ex-prosecutor — celebrated for winning the conviction of “preppy killer” Robert Chambers in 1988 — didn’t believe the allegation against Weinstein. In a Monday email to The Post, Fairstein said she called Bashford at the request of Abramowitz, who she described as a “friend of 25 years,” and not Weinstein.

“I never received a fee from either,” she wrote. “I read documents and made an intro by phone.”

The Times’ report also revealed that an NYPD detective intervened during a secretly recorded encounter between accuser Ambra Batillana Gutierrez and Weinstein inside the Tribeca Grand Hotel, a day after she accused him of grabbing her breasts and trying to slip his hand up her skirt.

The plainclothes cop got worried when Weinstein “grew belligerent” while trying to coax Gutierrez, then 22, into a hotel room, the Times said, so he pretended to be a TMZ reporter seeking an interview with Weinstein. The maneuver reportedly led Weinstein to “retreat from the hallway” and let Gutierrez escape out a side door.The detective later identified himself to Weinstein, who agreed to go to a police station for questioning.

But Weinstein refused to answer any questions about Gutierrez’ groping allegations and instead asked for a lawyer, the Times said. NYPD officials who spoke to the Times on condition of anonymity denied a claim last week by Vance’s No. 2, Chief Assistant DA Karen Friedman-Agnifilo, who said: “The seasoned prosecutors in our Sex Crimes Unit were not afforded the opportunity before the meeting to counsel investigators on what was necessary to capture in order to prove a misdemeanor sex crime.”“Why would we not call about Harvey Weinstein?” a senior police official said. The same official said the recording — on which Weinstein apologized for touching Gutierrez and repeatedly promised he wouldn’t do it again — was enough evidence to charge him with misdemeanor sexual abuse.“He admitted, twice, doing it. That’s probable cause to make an arrest,” the official said.

Vance — who is running unopposed for a third term in November — told the Times that he discussed the case with Bashford and Friedman-Agnifilo at least three times before accepting Bashford’s recommendation to drop it. “I didn’t have any pushback on Martha’s opinion, mindful that Martha has greater expertise in sex crimes than I do,” he said. Bashford declined to comment, the Times said.

Harvey Weinstein is a Democrat fundraiser and supporter of Barack Obama and Hillary Clinton......more deviancy entwined with Dims.

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. That’s 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?

SEX CRIMES PROSECUTOR LINDA FAIRSTEIN VOUCHED FOR WEINSTEIN IN MODEL GROPE CASE (sought movie deal)

Fairstein — a novelist, wrote a 2007 Vanity Fair column about wanting to make a movie with Weinstein — defended her decision to suck-up——to work for Weinstein by vouching for defense lawyer Elkan Abramowitz. The Times didn’t detail Fairstein’s consulting deal, but said Fairstein didn’t believe the allegation against Weinstein.

MY LUNCH WITH HARVEY by Linda Fairstein
MARCH 2007
vanityfair.com

The author’s stint as a top sex-crimes prosecutor helped inspire Law & Order: SVU and launched her writing career. But a movie deal was still just a dream. Then she got the call from Harvey Weinstein’s office.

FAIRSTEIN: As much as I wanted to tell my good friends about how close I was to clinching a movie deal with Harvey Weinstein, I decided not to say anything at all. It’s not as though we had hammered out terms or drawn up a contract, but I was truly optimistic that by the time our lunch was over we’d seal things with a handshake.

Writers are an odd bunch. I knew that some of my pals would be happy for me, but that others have a bit of an attitude about the book-to-movie plan. I’ve written nine crime novels. I’ve made the New York Times best-seller list and been translated into more than a dozen languages. I’ve dreamed about the movie deal. I’ve cast the central characters scores of times. I’ve even spent the proceeds.

For 30 years, I worked in the Office of the New York County District Attorney. I ran the Sex Crimes Prosecution Unit for 25 years, investigating and trying many of the worst rapists and murderers in the city—and some of the most high-profile cases in Manhattan. Screenwriters and producers courted me regularly, having actors shadow me at trial to snag an air of authenticity for movies such as The Accused and Presumed Innocent. When Dick Wolf created Law & Order: SVU, he ripped my professional life from the headlines, along with the cases.

I’ve been waiting for my own movie deal since I tapped my first fictional strokes on the keyboard.

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