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March 10, 2013

Randy-Phillips_1366273cThe AEG Live advocates active in this blog say that this concert promoter is no worse than others, Michael Jackson was no angel and should not be looked upon as a victim, and since we don’t know why Randy Phillips yelled at Michael, we should not pass judgment on AEG – what if there were reasons for it?

This forces me to make a kind of a review about the relations between Michael Jackson and AEG in the months prior to his death. 


First of all let me say a short word about the so-called contract between AEG Live and Michael Jackson (‘so-called’ because it was actually a letter of intent). Besides it being a dubious document in terms of its validity, there is also no force on this planet to convince me that it was made in the interests of both parties as is usually done between civilized people. No, it was made in the interests of one party only – AEG Live, and in the very best case was a way to coerce Michael into making those shows and blackmail him if he wanted to back out, and in the worst case was a tool to squeeze millions out of Michael’s gross exploitation and grab his assets if he was unable to perform.

Behind the seemingly respectable façade of those ‘contract’ papers you will see the grossest exploitation, disdain for Michael Jackson and the immoral taking advantage of him as an artist and human being. There is even a special legal term describing this kind of a business relationship and the name to it is an unconscionable contract:

  • An unconscionable contract is one that is so one-sided that it is unfair to one party and therefore unenforceable under law.  It is a type of contract that leaves one party with no real, meaningful choice, usually due to major differences in bargaining power between the parties.
  • In a lawsuit, if the court finds a contract to be unconscionable, they will typically declare the contract to be void.  No damages award or specific performance will be issued, but instead the parties will be released from their contract obligations.

Unfortunately only few have read that contract and cannot imagine how immoral it is. Many are also confused by the vagueness around Michael’s state of health, his reasons for the alleged missing of rehearsals and AEG’s propaganda about their huge losses which they never sustained.

With so much talk about how lovely AEG Live is I decided to make a full check-up of my own impression of them and review it from the most neutral position possible. What if I am really unfair to AEG Live? If I am this is no good, and it was from this premise that I started this review. The story below is what came of it.


One of the first questions I asked myself was whether AEG Live treated other artists in the same way. This was a difficult question as the AEG contracts with others performers are not available to me, so I had to go by scraps of the media information only.

The first impression I got from what I read was that AEG behaved in a different way with different performers and provided different terms depending on who the star is.  Judging by the variations they could probably even follow some of the performers’ wishes.

Prince, for example, was promoting his new album 3121 and to reflect the title of the album he and AEG Live set the price of every ticket to his 2007 O2 Arena performances at £31.21 irrespective of the seat. In case the profits were not good enough this was later compensated for by Prince’s setting the price at $312,01 for his Las Vegas performances, as this article informs us:

Prince’s permanent Vegas vacation

It happens to them all, Frank Sinatra, Elvis, even Siegfried and Roy, they all made Vegas home to their twilight career. Prince has now made a big step to follow in their footsteps by apparently looking into taking over the Empire Ballroom club on the south Strip which is really at 3676 Las Vegas Blvd will be renamed Club 3121. Prince will be charging Vegas prices too, his first dates at this show sold at $312.01 per general admission ticket for the “intimate” 1,300 capacity venue for dates across the summer, which will include special guest performers. His current plans incuding holding regular performances at the Rio Hotel/Casino.

With Bon Jovi AEG Live pursued a different policy. The price of tickets was even lower than that of Prince’s but the tickets could be bought only on condition you buy their CD. This was the opposite policy to that of Prince who offered a free CD together with the ticket to promote his new music and artificially influence some “Soundscan charts”.

I’ve learned these details from Randy Phillips’ public correspondence with a person whom I understand to be a professional in this business. Here is a sample of it:

From: Bob Lefsetz
Date: June 26, 2007 6:33 PM PDT

“The Bon Jovi deal is the first “all-in” presale that bundles together a ticket and a digital album as a single transaction sold via Ticketmaster’s Web site. In this way, the promotion is more a digital version of Prince’s 2005 Musicology tour, which included with the ticket price a physical version of his new album, to be picked up at the venue.”

You HAD to buy the digital download if you wanted tickets in the pre-sale…

From: Randy Phillps
Date: June 26, 2007 6:46 PM PDT

In the Prince sales we didn’t give the consumer the opt-in/opt-out choice and did accidentally (all Prince cared about was getting his new music into as many hands as possible) and artificially influence the Soundscan Charts. This was not the case with BJ.

…. Bob, they are playing 10 nights, not 1 or 2, and there are plenty of tickets available to the public in both the primary and secondary markets. Only 45,000 out of over 100,000 sales opted to buy in. Those are REAL sales. All we did was make it easier for a fan to purchase the record. Please open your mind to new ways of selling records. The business and artists need these avenues. For God’s sake, Tower Records is gone! Embrace the new paradigm. Soon physical product will be gone also. At least fans bought an entire album instead of just a song. RP

In contrast to Prince and Bon Jovi for Barbra Streisand’s three O2 Arena concerts in the same 2007 AEG Live set sky-rocketing prices. The face value of the tickets ranged between £100 and £500 while the secondary tickets (those sold through third parties) went up to £1,500.

By way of comparison let me say that the face value of tickets to Michael Jackson’s concerts was within the range of £50 to £75 while the price of secondary tickets reportedly went up to £10,000. The difference between the face value and the secondary tickets speaks to the popularity of the performer and is an extremely important factor to look into. Usually it indicates the true “market value” of the star and besides being an objective assessment of his merit is crucial for cases when tickets have to be returned (for whatever reason). The thing is that the balance between the face value and the price of secondary tickets is never returned, so if you paid £10,000 the most you will get back will be £75, and this gives the concert promoters certain opportunities.

The level of prices for Barbra Streisand’s concerts and the huge demand for Michael’s shows made me think that to reach the same sum from the concerts Michael didn’t really need 50 shows.

All he needed was a little rise in the price of his tickets.

The London concerts in my opinion were too strenuous for Michael to give them away cheap, so those of us who could not afford to see Michael Jackson live could be given an opportunity to see Internet pay-per-view concerts at a minimal price (as AEG’s competitor AllGoodEntertainment was planning to).

Another possibility was to arrange a series of 3D documentaries that could be shown in the movie theatres belonging to the same AEG or sell the footage to TV round the world.  In short there were ways how to find a reasonable compromise between the huge desire of fans to attend Michael’s concerts and the respectable price of tickets which could alleviate some of Michael’s financial problems and help him to make his dream about a children’s hospital come true.

Michael Jackson was surely a no lesser star than Barbra Streisand and what Barbra Streisand’s spokesman said about the price of tickets to her show and her performance being “the momentous occasion comparable to seeing Elvis or Sinatra” applied to Michael Jackson all the more so:

Barbra Streisand charges up to £500 per ticket for comeback show


01 May 2007

Fans wanting to see Barbra Streisand perform in the UK for the first time in 13 years will have to pay as much as £500 for the privilege, making the concert one of the most expensive ever.

The cheapest seats for the diva’s show at London’s O2 Arena – the former Millennium Dome – will cost £100, with top ticket prices more than three times what it would cost for the best seats at a Rolling Stones or Madonna concert.

Critics claimed Miss Streisand, 65, was exploiting her fans’ goodwill.

But her camp defended the sky-high prices by calling a live performance by the singer a “momentous occasion” comparable to seeing Elvis or Sinatra.

The last time Miss Streisand played in the UK, in 1994, ticket touts were forced to sell tickets below face value after the expected demand failed to materialise.

Her concert at the venue in London’s Docklands on July 18, featuring a 58-piece orchestra, will be one of five European dates for the singer-actress.

…Madonna was criticised last year when tickets for her Confessions tour were priced between £80 and £160 while the top tickets to see the Stones at Twickenham this summer are £150.

Part of the proceeds from the tour will be donated to good causes through the Barbra Streisand Foundation.

A spokesman for the star said: “Seeing Barbra Streisand in concert is a pretty momentous occasion that ranks up there with seeing Sinatra or Elvis.

Well, if Madonna’s tickets were between £80 and £160 in 2006 (three years before Michael Jackson’s concerts), not to mention the 2007 Barbra Streisand tickets at £100 to £500, why were the tickets for Michael Jackson’s concerts set at only £50 and £75 two years later? It is inflation, you know, and wouldn’t the higher price of tickets befit Michael Jackson’s name better in addition to sparing his health and reducing the number of shows which was Michael’s biggest desire?

Let us do some maths as an example.

With the O2 Arena seating capacity of 20,000, the tickets to only one Barbra Streisand’s show collected the gross sum of £2mln to £10 mln  – £6mln on average (if no secondary tickets are included here, of course).  But the same tickets for one Michael Jackson’s show were collecting only £1mln to £1,5mln – or £1,25mln on average.

The gross sum collected from secondary tickets to Michael’s concerts, which were approximately half of all the tickets, was incomparably higher than the official sum and is difficult to estimate. If the tickets were sold at a price ten times as high (£500 – £750) the gross collection from one show could be £10mln to £15mln. And if the price per secondary ticket reached £10,000 as some papers reported, the resulting gross sum could be an astronomical one.

But if we compare the average sums collected from the face value tickets for the shows of Streisand and Jackson (£6mln and £1,25mln) we’ll see that a single Barbra Streisand’s concert was bringing as much as four Michael Jackson’s concerts.

That is why Michael Jackson had to do 50 concerts while Streisand would have had to do only 12,5 to reach the same sum.

No, I am not suggesting that Michael’s fans should be subjected to this highway robbery, and Michael wouldn’t have agreed to it anyway – all I am trying to say is that a reasonable compromise could and in my opinion should have been reached considering that Michael wasn’t a boy and his show was physically demanding in the extreme. A fewer number of shows could have spared Michael’s health, lessened his stress and reduced the production expenses that were to be paid by Michael and Michael alone (salary to dancers, their feed and accommodation, travel expenses, visas, equipment, transportation, etc.). All of it could have been cut and still get the same money if only the prices of tickets had been raised at least to the level of Madonna’s 2006 shows.

Let me say it again that to satisfy the desire of Michael’s fans to see his concerts AEG Live could have televised them and shown them via Internet on a pay-per-view basis or could have sold the footage to some TV channels. Those fans who could not afford a live concert could have watched the show on the Internet at a symbolic price, while the most would have surely agreed to pay more to see with their own eyes the miracle of a fifty-year old man dancing like a twenty-year old.

Didn’t Randy Phillips himself say in his above email that we should ‘open our mind’ to ‘new venues’ and ‘embrace new paradigms’? And didn’t he also say that ‘soon physical product will be gone’ evidently referring to performers? Especially middle-aged performers? But if they were to be gone soon, shouldn’t something have been done to spare them and help them get the best terms possible which would be suitable for them, their fans and their concert promoters?

The only thing AEG Live needed for opening their minds to ’new paradigms’ as regards Michael Jackson was the desire to work out the best working scenario for him and find a proper compromise between the intensity of the tour, its length and the price of the tickets. However for Michael Jackson none of it was done.


UPDATED: In contrast to the giant AEG Live their smaller competitor AllGoodEntertainment did think of Michael being no longer a boy and the need to spare him, so it was them who came up with the idea of an Internet pay-per-view show.   AllGoodEntertainment made arrangements with  Frank Dileo who promised to try and arrange a concert by Michael Jackson and his siblings. He wasn’t Michael’s manager at the time but they did talk on the phone occasionally. The show was never agreed to by Michael, and we are not even sure that he or his siblings were aware of what Frank Dileo was planning for them.

Michael Jackson did not want to do a reunion concert which Joe Jackson was trying to organize mostly for his own sake and his other children, but from the financial point of view the concert planned by AllGoodEntertainment could have brought Michael at least three times as much money as a much more strenuous concert with AEG. The plans of AllGoodEntertainement were brilliant however their biggest problem was financing of the project:

“The plan of AllGood Entertainment was to host a “one-time event” tentatively titled “The Jackson Family Reunion: A Concert for the World” in the summer of 2009. The concert would star Michael and Janet Jackson while also including his siblings: LaToya, Rebbie, and all of his brothers. Billed as “The Most Anticipated Concert Event in Music History” the concert was anticipated to gross more than $93 million through a variety of means including ticket sales (at $135 each), sponsoring, Pay-Per-View access, DVD and CD sales, merchandising, digital downloads, broadcasting, and licensing. Using such a figure as a selling point, the company sought out a sponsorship to help fund the endeavor which included around $30 million of expenses.

…The event would be day long and recorded professionally for Pay-Per-View and DVD releases with a projected first-showing audience of 100 million. The Pay-Per-View would fetch and estimated 3 to 7 million purchasers at $30 each, and there would be a worldwide market campaign building up to the event.

…[One of the agreements between AllGood Entertainment and Frank Dileo ] called for at least a 90 minute performance by Michael Jackson and 150 minute performance overall by all parties of the Jackson family.

…In summary, two contracts and agreements were signed by December 1, 2008 by Frank Dileo and parties relating to Dileo’s agency and AllGood Entertainment’s agency. None of these contracts bare any signature of the Jacksons, nor has there been any confirmation that the Jackson siblings are aware of these concert-related plans.

…On October 30, 2008 (one month before any such contracts, proposals, or agreements were drafted and signed), Michael Jackson issued the following statement: “My brothers and sisters have my full love and support, and we’ve certainly shared many great experiences, but at this time I have no plans to record or tour with them. I am now in the studio developing new and exciting projects that I look forward to sharing with my fans in concert soon.”

Later AllGoodEntertainment announced that for Michael Jackson’s 90 minutes of performance at that one-night event they would offer him $3 million. This sum makes me think that if Michael had agreed to do a solo concert with them the remuneration from that concert promoter could have been even higher.

We cannot be sure that AllGoodEntertainment would have raised the necessary $30mln for producing the show, but the fact that the terms of the offer were less demanding and more profitable for Jackson is indisputable in my opinion.

It is also interesting that AllGoodEntertainment was planning to spend the same $30mln on production as the sum eventually provided by AEG and this means that the scale of the show was supposed to be the same. The only difference was that all production expenses borne by AEG were to be later compensated for by Michael Jackson. As to AllGoodEntertainment I don’t know – possibly not, as it is the first time I hear of the need for the performer to fully cover all the expenses on the show. Why need the concert promoter then? The same could have been done through a bank…

The questions why Michael Jackson preferred AEG to AllGoodEntertainement and rumors that Frank Dileo made arrangements with AllGood behind Michael’s back and even took advance money from them will not be the point of the present discussion – AllGoodEntertainment took Dileo to court and I hear he proved there that he hadn’t done any wrong.

The point I am trying to make is that the comparison with another concert promoter shows that AEG Live could have arranged Michael Jackson’s shows in a way that could make them less rigorous and physically demanding, but at the same time more profitable  – but this of course only in case AEG Live wanted it that way.


The other issue I needed to check was the time space between the concerts arranged for Michael Jackson by AEG Live.

Barbra Streisand’s schedule included three shows on the London O2 Arena during her European tour in 2007. The dates of the shows were set with a span of 3-4 days between them, with the exception of 5 days in the middle and 2 days before the last show:

 21 June        Vienna Schloss Schonbrun
26 June        Paris Bercy
30 June        Berlin Waldbuhne
4 July           Stockholm The Globe
10 July         Manchester MEN Arena
14 July         Dublin Castletown House
18 July         London The O2 Arena
22 July         London The O2 Arena
25 July         London The O2 Arena

The schedule worked out by AEG Live for Michael Jackson and his first 10 concerts in July 2009 was dramatically different.

The dates of the shows were set on the show/day-off/show/day-off basis from beginning to end. You will agree that even if Michael Jackson was able to do something of the kind in his younger years, it does not mean that he could do it at the age of 50 and after a break of twelve years too.

Even when he was young Michael used to say that he would no longer be able to keep up with the pace of the tour, so you don’t have to be a genius to realize that a similar schedule for Jackson in 2009 was totally unrealistic, physically impossible and even humiliating for a 50 year-old singer who was also to dance during the major part of his show.

However all these considerations didn’t stop AEG from setting the first 10 shows one after another with hardly any days off. This was how the first 10 shows were set:

  • Wednesday, July 08
  • Friday, July 10
  • Sunday, July 12
  • Tuesday, July 14
  • Thursday, July 16
  • Saturday, July 18
  • Wednesday, July 22
  • Friday, July 24
  • Sunday, July 26
  • Tuesday, July 28

Besides almost all dates going one after another with only one day off between them, what also amazes me is that the above scenario was not only grueling, but also totally uncalled for – there was no rush and no need to press Jackson to perform at such a backbreaking tempo. Or was it?

The itinerary also makes it clear that the dates were set by the concert promoter and possibly by Michael Jackson’s manager, but not by Michael Jackson himself . The schedule was so much going against his interests that he clearly did not take part in the decision making.

Why AEG Live and Tohme did it for Michael still remains to be looked into. In the meantime here is the record of how things were developing – the sale of the tickets began on March 11, 2009 and the dates were announced the day before:

Michael Jackson Reveals London Concert Dates

March 10, 2009 08:13:29 GMT

Ten concert dates for Michael Jackson’s gigs at London’s O2 Arena have been announced. Described as a “big budget, grand, highly technical, incredible show”, the concerts will begin on July 8 and will be wrapped up on July 28.

On what fans can expect from the upcoming concerts, Randy Phillips, a chief promoter of AEG Live tells BBC that since Michael is a perfectionist, he will come up with a new idea. “Michael Jackson is a perfectionist, so it’s going to be amazing,” Randy says. “He’ll try a lot of new things.”

Michael Jackson previously said that his London concerts will be his “Final Curtain Call”. During a press conference at London’s O2 Arena, he stated, “I just wanted to say, these will be my final show performances in London. When I say this is it, it really means this is it. I’ll be performing the songs my fans want to hear. This is it, this is really it, this is the final curtain call.”

Michael Jackson’s London concert dates:

  • Wednesday, July 08
  • Friday, July 10
  • Sunday, July 12
  • Tuesday, July 14
  • Thursday, July 16
  • Saturday, July 18
  • Wednesday, July 22
  • Friday, July 24
  • Sunday, July 26
  • Tuesday, July 28


However this was only the beginning of the marathon. Immediately after selling tickets for the first 10 shows literally within minutes an additional number of shows was announced. The number itself was not known. Rumor had it that 12 more shows would be added, and Reuters reported that it was Michael Jackson who allowed AEG to add extra shows:

Michael Jackson to add concerts after sellout

LONDON | Wed Mar 11, 2009 1:39pm EDT

(Reuters) The 50-year-old singer has been a virtual recluse since his acquittal on child abuse charges in a 2005 trial, his last full set of live concerts was 12 years ago and he has not recorded an album of new music since “Invincible” in 2001.

Last week he announced his long-awaited comeback at London’s O2 Arena, where he plans a Las Vegas-style “residency” with a series of 10 concerts beginning on July 8.

“The pre-sale 10 shows at The O2 that went on sale this morning at 7 a.m. have already sold out,” said Outside Organization, the PR company representing promoter AEG Live.

“Due to the incredible level of interest, Michael Jackson has allowed AEG Live to add extra shows.”

It was not immediately clear how many concerts would be added. The website of music magazine Rolling Stone reported 12 extra concerts had been booked.

AEG Live said last week it may extend Jackson’s London series and launch gigs elsewhere in the world if the demand was there.

Jackson is still the “King of Pop” to his legions of fans despite his sometimes bizarre behavior and appearance in recent years. He has sold around 750 million records, won 13 Grammys and is regarded as one of the biggest pop acts of all time.

Organizers said fans should log on to website for information on the additional shows.

By midday it was clear that 16 more shows were added, thus taking the schedule as far as September 10th. Now Michael Jackson was to give 26 shows from July 8 to September 10th:

  • July 8, 10, 12, 14, 16, 18, 22, 24, 26, 28, 30
  • August 1, 3, 10, 12, 17, 19, 24, 26, 28, 30
  • September 1, 3, 6, 8, 10.

Looking at this schedule and at the breaks of 5 days (after August 3d) and 4 days (after August 12th) in the middle of it,  I see that even if Michael Jackson discussed the schedule with AEG Live, which I highly doubt, all he managed to get from them was a little rest in the middle of the marathon. But as to the remaining dates the schedule was simply bizarre.

Instead of spacing the shows more evenly and giving the artist some rest on a regular basis, the 50-year old Michael Jackson was supposed to first run a marathon of 13 concerts, then have some short breaks in the middle, and then run the second marathon of 11 more shows, all of them set at an incredible show/day-off/show/day-off pace.

I doubt that Michael Jackson’s well-being or survival were on the minds of AEG Live functionaries when they were setting this brutal schedule for him.

The media was closely following the situation and what was Michael Jackson’s shock, pain and anxiety became a thrilling circus for the media and the public:

How Thrilling: Michael Jackson adds 16 more shows to London run


We’re still not sure that he’ll even make it on stage (British oddmakers are even taking the bets), but Michael Jackson has added 16 more concerts to her run at London’s O2 Arena.

According to Billboard, that brings the total number of shows to 26. The first 10 shows have yet to go on sale to the general public. Pre-sale tickets for the first shows went on sale today for those who registered

through  AEG Live, which is promoting the shows, told Billboard that 10 shows sold out their pre-allocation amount. That amount is believed to be 50% of the total tickets available.

The general public can buy tickets starting March 13.

The 26-date run now spans July 8-Sept. 10. Prices are $68.82 to $103.23. Prince played 21 dates at the same venue in 2007.

But even then the marathon was not yet over. Two days after the first 26 shows were so swiftly announced and sold out, on March 13th another 24 shows were added thus making it 50. It did not happen in one stroke either, but was again done in fits and starts – first one number was announced, then another one, and then finally 5 more shows were added.

The summer/autumn season was supplemented with four more shows to be done in September – 21, 23, 27, 29, thus bringing the first leg of the tour to a total of 30 shows.

Then came a three months break and 20 more shows were added in January and February 2010. What’s incredible about the winter season was that the new dates followed the same grueling show/day-off/show/day-off pattern as if AEG Live had nothing to learn from the first leg and this hectic scenario was all they could ever offer to Michael Jackson.

Among other things the three months break in between meant that for the winter time AEG Live would not have any problems with filling in the shows on O2 Arena due to Michael’s death – those concerts were too far off to worry about the replacements, so all Randy Phillips’ lamentations over the need to immediately fill in their precious arena for 50 nights could concern only the first leg of 30 shows.

The newly added dates were as follows:

  • September – 21, 23, 27, 29
  • January 7, 9, 12, 14, 16, 18, 23, 25, 27, 29 
  • February 1, 3, 8, 10, 12, 16, 18, 20, 22, 24

Over here I have a question. If they made a ‘mistake’ of setting the dates too close to each other in the first part of the tour, what was driving AEG Live to do the same in the second part of it? Frankly, this schedule does not look like a recipe for success – to me it looks like a recipe for a disaster and an intentional one at that. In fact it is something like, “If we didn’t do him in the first time, this time we’ll make it”.

Below is the news about the 50 concerts the way it was reported on March 13, 2009.  There is also some vague talk here about the Viagogo broker selling the secondary tickets, and though Randy Phillips is trying to underestimate the problem all of it is about a huge speculation with Michael Jackson’s tickets done with full AEG Live’s knowledge as they are the first to collect the surplus money.

Actually Randy Phillips was worried that their partner Viagogo was probably trying to reduce the price of the secondary tickets demanded by AEG Live:

Michael Jackson tickets for ‘This Is It’ concert series sell out in hours

By Allison Reitz

Fri, Mar 13th 2009 1:50 pm EDT

Just hours after sales opened to the public, tickets sold out for all 50 dates of Michael Jackson’s comeback run at the O2 Arena in London. CNN reported that approximately 750,000 tickets were sold-out during a four-hour time slot.

Due to overwhelming demand for tickets, 35 shows were added over the course of presales, which began March 11. Jackson’s stay at the O2 was initially set at 10 dates, with the option to add more performances as dictated by public demand.

However, all 45 concerts quickly sold out their total presale allotment of approximately 360,000 tickets. As a result, concert promoter AEG Live added five more dates — for a total of 50 shows — to today’s general on-sales.

Jackson’s 50-show sell-out shatters eclectic musician Prince’s 21-night record at the O2 and defies industry expectations for the 50-year-old. Even AEG Live is stunned by the positive response from fans around the world.

“We never thought ’50 shows’ and frankly, based on the queues on Ticketmaster, plus the 300,000 registrants we still haven’t issued codes to, we could spend two years here,” AEG Live CEO Randy Phillips said during an interview with BBC Radio 1. “Mike asked me how long he would be in the United Kingdom for, and I told him, ‘Probably long enough to get a British passport.'”

Despite the broken records and astronomical sales figures, Jackson’s unprecedented comeback has not been without its share of controversy.

Concerns have risen in the media over AEG Live’s deal to sell premium-priced tickets for high-demand seats directly through official secondary partner, viagogo. Recently,Madonna set up a similar deal with the site, which is the official premium ticket outlet and fan-to-fan resale base for her upcoming Sticky & Sweet summer 2009 tour extension in Europe.

In an interview with Billboard, Phillips explained the deal as a chance “to give fans access to premium seats and the market would set the price on only a small percentage of the house every night; and, secondly, to give fans a peer-to-peer platform where they know these tickets aren’t counterfeited.”

However, Phillips then alleged that viagogo contacted brokers with discounts on the premium tickets rather than selling them directly to fans on the site’s exchange platform. AEG Live is reportedly seeking an injunction against viagogo in London courts today (March 13) to ensure that the premium tickets go to fans. Viagogo did not respond to requests for comment.

Michael Jackson 2009 schedule: 
(Dates are subject to change.)

July  8, 10, 12, 14, 16, 18, 22, 24, 26, 28, 30
August 1, 3, 10, 12, 17, 19, 24, 26, 28, 30
September 1, 3, 6, 8, 10, 21, 23, 27, 29

Michael Jackson 2010 schedule: 
(Dates are subject to change.)

January 7, 9, 12, 14, 16, 18, 23, 25, 27, 29
February 1, 3, 8, 10, 12, 16, 18, 20, 22, 24

The note about the “dates subject to change” should not fool anyone here. This is what they evidently said to Michael to reassure him and dispel his fears, if they ever talked to him about it, but the possibility of changing the dates was non-existent. With a million tickets on the customers’ hands (20,000 seats multiplied by 50 shows) and half of them being secondary tickets (sold through third parties at sky-high prices) it would have been extremely difficult to change the dates – even technically, not to mention the negative publicity of the delays.

A much easier way would have been to space the dates evenly, with 3 or 4 days breaks in between (like in Barbra Streisand’s case) from the start of it, and only then offer tickets for sale.

However this was not the way AEG Live wanted it. For some reason they chose to first sell the tickets to an extremely harsh schedule for Jackson and only then make Michael Jackson face this reality.

Now we know that when Michael Jackson got familiar with the schedule made for him by his ‘partners’  he went into a panic.

Usually people name Michael’s bad financial situation as a reason for Michael’s huge stress, however this situation had been dogging Michael for many years already and never made him really panic. Michael seemed to know how to distance himself from all those money troubles. Even in the tape made by Conrad Murray while he was putting Michael under sedation, Michael was talking of giving away money for a children’s hospital he was dreaming of. If he had been terribly concerned about his finances, his half-conscious condition was exactly the time when his worst fears would have been voiced – however the way he spoke of money showed that the finances were not his top worry, at least not at that moment.

Then what was his top worry?

From the way he reacted to the schedule made for him by AEG Live and Tohme I think he panicked when he saw how impossible for his mere survival that schedule was and how terribly the people he relied on had betrayed him. This was probably the first time he realized that those who had induced him into the project were not meaning him any good.


Irrespective of what we think of Michael’s flamboyant friend David Gest the story he is telling us of Michael’s panicky reaction to the AEG schedule and details of the way the number of those shows grew are perfectly in line with what we’ve just learned about the same events from other sources.

David Gest says that it was the stress Michael had to live with from the moment of seeing that schedule that actually killed him:

David GestGest: ‘Concert pressure killed Jackson’

Published Monday, Jun 29 2009, 09:33 BST | By Mayer Nissim

David Gest has claimed that Michael Jackson was killed by the stress of his impending live shows at London’s O2.

The TV star and singer’s friend told The Sun that Jackson was unhappy at having been booked to play 50 shows, rather than the ten originally announced.

Gest said: “Michael told me he was excited about getting back on stage. I told him I was proud of him. But I really believe in my heart of hearts that the pressure of those concerts killed Michael.

“He thought there were going to be ten dates as announced. But then all of a sudden [Doctor Tohme R.] Tohme, along with Randy Phillips, president of organisers AEG, had arranged 20, 30 then 50 dates.”

He added: “Michael was being told: ‘You are going to set the world record for concerts at the O2, you are going to beat Prince’s record.’

“They knew how to feed into his ego. But when Michael realised his schedule, he began to panic. It was one show after another, with hardly any days off. He should never have been tied to so many, especially a guy who dances through more than half of his set.”

Let me repeat it again:

  • “He thought there were going to be ten dates as announced. But then all of a sudden Tohme, along with Randy Phillips, president of organisers AEG, had arranged 20, 30 then 50 dates.”
  • “It was one show after another, with hardly any days off.”

 The above is a correct description of what the schedule was really like and a very accurate account of the way the tickets were really sold – first 10, then 26 quickly turning into 30, and then 50 shows including the winter season.

So according to David Gest, initially Michael was not aware of what was going on with the schedule and what rigors it had in store for him. But when the euphoria of all that enthusiastic welcome passed and he did realize it, he saw that the dates were simply impossible to keep up with.  One show was going after another with hardly any days off and this was supposed to take place for a period of three months!

And then, as if this was not enough for them, they arranged the same schedule for the winter time and this ugly pattern of one show after another was repeated again! Why, why were they so insistent on this mad race?

I’m afraid that none of us are able to imagine the sickness Michael must have felt when realizing the disaster. Bad as it was, it was also the realization that nothing could be changed that contributed to the shock. Now that a million tickets had been sold the situation was inevitable, irreversible – it was hopeless.

If we didn’t know of the way Barbra Streisand’s concerts were organized we could imagine that cramming all shows into the shortest period of time was AEG’s usual practice. The reason why they could be doing it was not to mix the main event with others and therefore make it as compressed as possible, even despite the fact that they were dealing with human beings and not machines.

But we do have Barbra Streisand’s example and know for sure that it was quite possible for AEG Live to have a break of 3 – 4 – and even 5 – days between the shows!

AEG Live could have filled the spaces in between Michael’s concerts with something else as they evidently did it with Barbra Streisand and it did not harm them a bit and they perfectly survived the practice.

So a proper schedule for Michael Jackson was just a matter of how much goodwill they were ready to extend to Michael Jackson and whether they really wanted him to make those 50 shows.

Yes, the other side of this mad marathon was that it could rebuff on AEG Live too – if Michael did not cope with the rigors of it they would have also lost on those concerts (or wouldn’t they?).

So if they didn’t want to lose those concerts why were they doing it to him then?

This must have been the question constantly on Michael Jackson’s mind and something his emotional state heavily depended on. If we learn whether he found an answer to this question (and if we find this answer ourselves) we can consider the box of the mystery unlocked.

The sure conclusion we can make at this stage is that the strenuous schedule arranged by AEG Live and Tohme for Michael Jackson was absolutely not a must and this poses a question why these people chose to arrange things the way they did arrange it for Michael Jackson. I hope we will be able to answer this question one day.


David Gest pointed to Tohme Tohme as the main person with whom Michael associated the disastrous schedule.

To be more precise, Gest did not name all the people Michael was unhappy with and just made a general statement about it. From what he said we can gather that the mess was the result of Michael trusting wrong people and one of those people was Tohme Tohme:

Michael Jackson ‘Trusted Wrong People’

29 June 2009

One of Michael Jackson’s closest friends, David Gest, insists the singer was surrounded by bad advisors and the stress of preparing for his 50-night London residency killed him.

David Gest has blamed Michael Jackson’s advisers for his death.

The 55-year-old concert promoter – a friend of the late ‘Thriller’ singer since he was 11 – insists the pressure of preparing for a 50-night run of concerts caused the fatal suspected cardiac arrest that killed Michael on Thursday (26.06.09), singling doctor Tohme R. Tohme for particular responsibility.

David said: “We all have weaknesses and Michael’s was that he trusted the wrong people most of the time. He thought people were good, which they are not.

“Michael was in terrible pain and all he cared about was feeling better. He started taking prescription pills to numb the pain and he also started drinking. It was then that his judgement started to become clouded.

“Michael told me he was excited about getting back on stage. But I really believe in my heart of hearts that the pressure of those concerts killed Michael.”

David believes his friend was misled when he agreed to his ‘This Is It’ residency, which was due to begin at London’s O2 arena next month and the stress of such a gruelling schedule was “too tough”.

He added to Britain’s The Sun newspaper: “Michael thought there was going to be 10 dates as announced. But then all of a sudden Thome, with Randy Phillips, president of organisers AEG, had arranged 20, then 30, then 50 dates.

“Michael was being told, ‘You are going to set the world record for concerts at the O2.’

“They knew how to feed into his ego. But when Michael realised his schedule he began to panic. They should have realised doing one concert a day, then one day off, would be tough for any performer, let alone someone who hadn’t been on stage for nine years, it was ridiculous.

“Michael was working his a*s off for eight hours a day to prepare, the schedule didn’t allow him any time to rest. I know for a fact he was rehearsing until 2am the morning before he died.”

So Michael was working for eight hours every day to prepare for the extremely tough schedule.

The point about pain after realizing the fraud does not necessarily mean physical pain – it could be the emotional and mental anguish Michael was going through (though with Michael’s lupus it could be anything). The idea of “painkillers and drinking” may have been an exaggeration on Gest’s part, however a serious Michael’s breakdown at that moment cannot be ruled out.

Any of us would have broken down under the enormous shock, stress and despair of facing the need to do the impossible, and seeing the people whom you trusted and connected all your hopes with, betray and take advantage of you the way they did it to him.

The partnership with AEG Live was something Michael Jackson could not break up as he was tied to them by various papers and mostly by the advance of several millions they had given to him. One part of the money went into renting the house – the house was by the way found for Michael Jackson by Tohme Tohme (for a mere $100, 000 a month).

Tohme admitted it himself that it was he who got that house for Michael:

Tohme 2“We put a stage in his house in Vegas because before he was practising in the local hotels. He was writing music, working with choreographers. And after we start talking to AEG for the London gigs, I decided Vegas was not the right place for Michael to stay at the time, especially for the children…it is very hot in the summer.

‘LA is where all the action is. I convinced him to move to LA and he took residence at the Bel Air Hotel for three months. Then I rented the house for him. Then we signed the deal with AEG and we went to London – him, his kids, and me – and stayed at the Lanesborough Hotel.’

The other part of the money advanced by AEG Live to Michael Jackson went into settling the suit with the 2Seas records. Settling it was a condition on which the money was provided to Michael at all.  As a result of all that obligatory spending even if Michael wanted to sever his relations with AEG he could not – there were simply no millions to return.

But his personal manager he could fire. And though he was afraid of this person very much indeed, the shock of finding Tohme working against his interests must have been so big that Michael raised himself to take the drastic step – part with Tohme and rehire Frank Dileo instead.

Let us note that though all these events were raging in the middle of March, no information about Michael’s situation was leaked to the press until two months later in early June. It was then that Michael privately spoke to his fans about the shock of 50 concerts he didn’t want to do, and his anger towards the concert promoter that pushed him into that incredible schedule. But when it first happened in March Michael kept silent about it and would have continued to keep silent if the media had not learned it from Michael’s fans.

But these two months of silence did not mean that all this time Michael was not worried about the situation or was not angry with Tohme and AEG Live. No, he was and very much so, and it is quite probable that his frustration was growing with each new day as he was observing the slow production of the show. Why did they engage him in this mad race if they themselves were so slow?

According to Randy Phillips himself they did not start to implement the show until April and the choice of dancers for it began only in May. In his testimony at Conrad Murray’s trial Randy Phillips said:

As to the moment when the crisis with Tohme, AEG Live and their tour schedule for Michael took place it must have erupted around March 10-13 and this coincides very well with what Frank told us about the time when Michael hired him.

It was March too.


In his interview of June 2009 with Roy Trakin Frank Dileo confirmed every single fact that has just been discussed here.

He said that Michael called him in March, that Tohme had “miscalculated” the scheduling of the dates and that it was something Michael wanted Frank Dileo to take care of  because Michael did not want to perform more than twice a week. Tohme is so abominable a character that Dileo even refused to discuss him:

An exclusive HITS interview with Frank DiLeo 

July 30, 2009

Dileo: Michael first called me a couple of years ago, after he came back from Bahrain, then was in Ireland and Vegas for a while. We chitchatted, he called again and we started communicating about film projects. There were a couple of scripts we wanted to develop and produce. Then he got involved in this concert deal. He called me in March and said, “Frank, I need someone with a little bit of experience. Would you like to manage me again and take care of all this stuff?” And I said, “Yeah, sure.” By the time I came in, everything was signed. Dr. Thome Thome—who is someone I don’t want to talk about in this interview—had miscalculated the scheduling on the dates, which is something I had to take care of, because Michael didn’t want to perform more than twice a week.

frank dileo-MJ-Bad

Michael and his manager Frank Dileo during the Bad era

Though Frank Dileo was rehired by Michael Jackson to help him with adjusting the schedule, Dileo didn’t really do anything for him – except that three July dates were shifted to March 2010. But it is also possible that the shift had nothing to do with Dileo’s efforts.

The show was not ready, so they took the July 8th, 10th and 12th dates and shifted them to March next year, appointing July 13th as the new starting date of the tour. AEG Live and Kenny Ortega explained the changes by the need to finish the technical side of the show. The show was indeed far from ready, so there is a very high probability that the shift of three dates to March was none of Frank Dileo’s achievements.

The official and true version of the delay was voiced on May 20, 2009 and may be now seen as a great illustration of how the truth was told but still never believed due to the extreme bias against Jackson:

Michael Jackson’s London Shows Already Delayed

by Josh Grossberg

Wed., May. 20, 2009 12:56 PM PDT

Is the King of Pop already fizzling out?

No doubt to the delight of British bookies who predicted the shows wouldn’t go on, Michael Jackson announced today that he was pushing back the dates for his heavily hyped comeback concerts set for this summer in London.

His 50-show residency at the O2 Arena, dubbed “This Is It,” had been slated to kick off on July 8. The new start date—at least for now—is July 13.

And what exactly is the reason for the delay?

“There’s nothing nefarious,” Randy Phillips, CEO of concert promoter AEG Live, said in a video news conference Wednesday. “There’s nothing going on with his health. This is strictly a production issue.”

AEG claims the “massive and technically complex show,” which will feature special effects, live animals, intricate illusions, stunt work, elaborate costumes and plenty of dancing, is requiring more prep time than originally planned.

“We apologize to all disappointed Michael Jackson fans and remain extremely dedicated and focused on creating an exceptional live music experience,” said the show’s choreographer, Kenny Ortega . “Promoters said anyone who chooses not to attend the rescheduled shows will be entitled to a full refund.”

Performances set for July 10-14 will now be rescheduled for next March, likely ticking off those fans who thought they had the coveted seats to Jackson’s first live shows in more than a decade.

Jackson is said to be rehearsing six hours a day in a Los Angeles studio with eight dancers—six men and two women—handpicked from dance companies from around the world.

But even if the production gets squared away, there’s a chance Jackson could be derailed before taking the stage. Rival promoter AllGood Entertainment is threatening to sue the performer for breach of contract for refusing to participate in a Jackson family reunion show with the rest of his brothers and sister Janet. According to the terms of that deal, Jackson had allegedly agreed to a noncompete clause barring him from any other live concerts before the family show.

At a top-secret meeting with family members and business associates last week, Jackson said he won’t do the family act. He claims his former manager signed the deal with AllGood without the Gloved One’s permission. AEG Live has called the claims “meritless” and said the London shows will go on.

Full story:

Michael Jackson postpones London O2 concerts

Joe Bosso May 20, 2009,

The self-proclaimed King Of Pop was originally scheduled to begin his 50-date This Is It run on 8 July. Now that date has been pushed back to 13 July, according to promoters for the shows.

Additionally, shows that had been scheduled for 10, 12 and 14 July have been postponed until March 2010.

Choreographer Kenny Ortega, Jackson’s collaborator, said that the date changes were necessary to give Jackson more time to prepare a “flawless production.”

AEG Live, which is promoting the concerts, said in a statement that it was their “sincere hope that those lucky enough to have purchased tickets will have enough time to change their personal schedules and travel plans if they are coming from outside of London.

“We understand the inconvenience this may have caused and for this reason we have secured some excellent hotel deals for Michael Jackson fans traveling to London on these rescheduled dates.”

This past week, Jackson denied claims that he is battling skin cancer. These postponements will only increase chatter as to the stability of the singer’s health.

Whatever the case, we’ll see what happens on 13 July.  This Is It?  Maybe. Or maybe it won’t be, you know, ‘It.’

The Rolling stone article says that the “inconveniece” is an understatement. Though promoters announced a full refund for those who could not attend the March 2010 shows, the refund was only for the face value of the tickets, and not for the full price of the secondary tickets.

They article also mentions the fact that Michael has been rehearsing non-stop for the tour:


May 20, 2009 2:09 PM ET

… “Inconvenience” is an understatement, as thousands of international fans were scheduled to flock to the British capital for the opening concerts of the 50-show run. For those who can’t attend the rescheduled dates, AEG Live is offering full refunds for their tickets, but that doesn’t account for people who bought tickets on the secondary market. Turns out those British bookmakers that bet against Jackson performing on July 8th from the onset were right.

Pessimists will pounce on reports that Jackson has been rehearsing non-stop for the tour, and ask whether five days will make a significant difference in his preparation. Or are there bigger problems — like that Jackson 5 tour lawsuit — and more postponements on the way? Rock Daily will have more on this story as we inch towards the (currently scheduled) opening of the This Is It Run.

Here’s the list of affected dates, per AEG Live:
8th July will take place on 13th July 2009
10th July will be moved to 1st March 2010
12th July will be moved to 3rd March 2010
14th July will be moved to 6th March 2010

These were the most decent of media reports about the May 20th announcement of the delay. It is clear that no one believed the official AEG Live version. Everyone attributed it wholly to Michael’s poor health and some (not quoted here) even had their field day mocking at his health and the delay it caused.

Amid reports about Michael’s “cancer” which for some reason evoked much fun and exhilaration, no one paid attention to the fact that at the end of May Michael Jackson had been rehearsing non-stop for the tour, or to be more precise,  for six hours a day in a Los Angeles studio together with the hand-picked dancers. The dancers were indeed selected only in May 2009 which was a very late date for such a project.

From the media frenzy accompanying the announcement and the amount of mockery poured on poor Michael we can imagine what a volcano would have erupted if all the dates had been postponed as the earlier news promised it.

No, once the dates were set by AEG and Tohme, nothing could be done about it and this is what Michael must have realized very well – at least at the end of May when he saw the media reaction to what was a very moderate change in the schedule.

So all that information about the ‘dates being subject to change’ was just a pretence covering up for full impossibility of the postponement scenario. And AEG Live knew that as soon as they quickly sold out the tickets in March 2009 there was simply no way back.

From now on the only chance Michael had was to do the shows no matter what as resetting the dates was simply no option.

Would he be able to cope with the ruthless schedule they made for him? This question must have been constantly on Michael’s mind – the one he fell asleep with and woke up to…

As if apologizing for the little or nothing he did for Michael, Frank Dileo explained in his interview with Roy Trakin that “by the time he came, everything was signed”. He could be referring to the AEG Live contract (which was no good either and was only half-signed by Michael) or to the schedule made by Tohme and AEG Live, but the truth of the matter is that irrespective of what he referred to none of those papers were changed.

The 50 number of concerts remained the same and the disgraceful show/day-off/show/day-off pattern set for Michael from the very beginning of it remained there too.

You can compare the initial and resulting schedules yourself and will see no difference between them except for the first three shows shifted to March and even that was done not because of Jackson, but due to the slow production process.

So the most Dileo probably did for Michael was just creating the impression that now there was an old friend beside him and convincing him that what’s done is done and should be fulfilled by all means.

Frank Dileo was either helpless to do anything or unwilling to confront AEG Live, so the explanations he was giving to Roy Trakin should not be regarded as gospel truth. Some facts he mentioned there are perfectly correct as they coincide with everything else we know of the situation, but their interpretation by Dileo is the weakest part of his narration.

Since Frank Dileo achieved no results in the mission Michael Jackson hired him for, he preferred to shift all the blame onto Michael saying that the contract had been ‘read to him three times’ so he was ‘absolutely’ aware of the need to do 50 concerts when he was ‘signing’ for them.

Two signatures attributed to Michael Jackson.

This is the last page of the letter of intent addressed to Tohme. Its closing phrase says that the definitive agreement is still to be negotiated, so there is no way it could be final even by their own words. Both signatures are attributed to Michael Jackson, though one of them is most probably not.

Well, firstly, the fact of Michael’s signing anything still remains unproven as at least one of the two signatures looks fake, and secondly, this is the kind of a contract the full meaning of which cannot be grasped if you hear it only.

Hearing this paper can bring all of us, including Michael Jackson, absolutely nowhere as is structured in a way that unless you know what each definition in the Appendix means you won’t be able to understand the Contract itself. The Contract is a sort of an encoded message with keys to the decoding process kept in the Appendixes. This means that to be able to understand at least a bit of it you need to place all the papers side by side, compare them with each other and look into each letter of them with a magnifying glass.

And the third point crucial about that contract is that even after studying it with a magnifying glass you won’t be able to find any 50 concerts there. So when Frank Dileo’s says that Michael knew of them he is talking of something he himself has no idea of  – there is no mention of 50 concerts in the contract:

Roy Trakin: Was Michael aware that he was signing for up to 50 individual shows?
Dileo: Absolutely. I read the contract. I know what the minimum amount of dates were, as well as the maximum number of dates. That contract was read to Michael by three different lawyers, as well as Dr. Thome. He wanted to beat Prince’s record and be in the Guinness Book of World Records. He was the one who picked the number 50. There were enough ticket sales to do 85 shows, but he was zeroed in on 50. That’s what he wanted and that’s what happened. Dr. Thome had him doing three or four shows a week, though. I was adjusting and moving dates to try to make it more palatable for Michael to do.

Let us not fall for Dileo’s bragging about adjusting the dates (he didn’t adjust any), but at the same time let us not overlook the reason he is naming for the problem itself – and this reason is Tohme who initially “had Michael doing three or four shows a week”. 

And “doing three or four shows a week” is exactly the show/day-off/show/day-off schedule. So it was Tohme who arranged it for Michael Jackson and for AEG Live who readily accepted it or asked for it in the first place.

As if trying to explain his helplessness in dealing with AEG Live Frank Dileo then talked about his health. And his health was indeed far from good. Five years prior to the events, due to diabetic condition he had fully lost sight in one of his eyes and 80% of it in the other eye. The problem was diagnosed only two years later (2006) and then he underwent 6 operations. So by the time he was dealing with Michael’s contract his eyesight was so bad that he  even ‘could not see well in the light’ and was able to read the text only if he moved his head in order to make out its letters.

How could a man like that grasp what the AEG contract was all about? No doubt that he gave it a perfunctory look only, especially since he was convinced that it was a signed paper and he himself was not ready to challenge AEG Live in any way:

Dileo: “In 2004 I lost my eyesight, and it’s taken six operations to enable me to see. I still have limited vision. It was a diabetic condition that separated the retina. I lost complete sight in one eye and 80% in the other eye. It took two years for them to figure that out. There’s a lot of scar tissue still, and I don’t see well in light. I have to wear dark glasses all the time. I have to move my head to see certain letters because I have a permanent “V” in my vision.”

Frank Dileo says that with his coming Michael felt much more secure and was beginning to see the light at the end of the tunnel. He regained some of his confidence and was regularly training with his instructor Lou Ferrigno. We also learn that after the workout with his trainer Michael also danced for three hours every day.

Please remember that the May 20th articles said that Michael was training for 6 hours every day. The difference in the number of hours is not important – it could be variable and also depended on whether the workout with Lou Ferrigno was included or not.

What is important is that in May 2009 Michael was working, rehearsing and contributing his whole self to the show.

From Frank Dileo’s interview it also becomes clear that Michael reconciled himself to the impossibility to change anything about those 50 concerts and was working hard to build up his stamina in order to cope with the impossible schedule. And at some moment he reached the point when he realized that he could do it and this confidence of his was confirmed by at least three people – Frank Dileo, Lou Ferrigno and Randy Phillips himself (when Michael hugged him and said “Now I know I can do it”).

Here is an excerpt from Dileo’s interview where he speaks about the same:

Roy Trakin: You sat in on most of the rehearsals.
Dileio: Every single one. He was in good condition. He was working out with Lou Ferrigno. He was dancing over three hours every day after his workout. He was prepared. A lot of times he would watch and direct. These are songs he’s sung his whole life. He didn’t have to go full out every day. The last couple of weeks, he stepped it up. On the night before he died, when he came down after doing 10 or 11 songs, Kenny Ortega was at the bottom of the stairs, we all hugged and Michael put his arm around us and we around him, to walk him to his dressing room. And he said, “Frank, I’m ready. I’m doing all 50 shows. Don’t even think that I’m not.” We talked about possibly doing stadiums after the 50. He said, “Frank, I’ve never been happier. Since you’ve been back, things are going well. I can see the light at the end of the tunnel. We did it once. This is our time to do it again.” And that was the last time I saw him alive.

Roy Trakin: You’re telling me this is a very confident guy, ready to take on this challenge.
Dileo: He knew he was 50 and that the other dancers were young. He built his stamina up to the point where he knew he could do it. Michael’s a competitive guy. I don’t care whether you’re five years old or 40, you’re not going to out-dance Michael Jackson. He’s gonna put it to you sooner or later. And he worked himself up to that.


Here is the last point of the interview and of this post too:

Roy Trakin: Where does that [Michael’s death] leave you at this point?
Dileo: There are a few things that have to get cleared up. I have to make sure the estate understands some of the things that I know. I’ve been appointed to the board of Sony/ATV Music Publishing. So I have a role to play there. Michael wrote the letter getting me appointed. After they removed Dr. Tohme, they added myself and Joel Katz.

Now this is complete news to me.  So Tohme managed to reach the board of Sony/ATV Music Publishing at the time he was running Michael’s business? How very interesting.

And it is getting even more interesting in the light of Tohme and AEG’s plans for Michael Jackson – Tohme was playing with the idea of restructuring Michael’s business and even voiced it on a couple of occasions, and AEG’s contract had all assets of MJ’s company as collateral for the advances given to him.

It is true that those assets did not include the Sony/ATV catalog yet, but all the potential to acquire it was there, as in case the bankruptcy procedure was triggered off all Michael’s assets would become extremely vulnerable and accessible to the creditor. The only thing AEG Live had to do for starting the process was finding fault with Michael Jackson for at least something and ‘pulling the plug’ at this pretext. In this case Michael was supposed to immediately repay all the advances and since he was unable to do it, his bankruptcy was becoming a reality, turning his catalog acquisition by AEG Live into a reality too.

In fact AEG Live even threatened him to pull the plug if he didn’t attend every rehearsal. It doesn’t matter that their contract had no obligation for Michael Jackson to do it – they still said that it had, and therefore could realize their threat to pull the plug at any moment.

This was the reason why Michael Jackson was so eager to attend the rehearsal before his death on June 26th. This was the reason why all the stress accompanying the situation didn’t allow Michael to fall asleep that or other nights. If he had missed that damned rehearsal they could have stamped him out with their boot and that would have been the end of him.

However this is a projection only. The fact we know for sure now is that Tohme managed to go as far as the board of Sony/ATV Music Publishing. On the other hand Tohme was linked to AEG Live as even officially, according to their own contract with Michael Jackson, Tohme was on the payroll of AEG Live. This was the real reason why he did not leave the scene of the crime even after he was fired by Michael (in fact he was never even hired by him – Tohme said he was just helping him as a ‘friend’). Tohme could not leave the project as he was actually working for the other side and remained in it as AEG Live’s representative.

Now that we find Tohme on the board of Sony/ATV Music Publishing the catalog acquisition scenario does not look like science fiction any more. This scenario was something AEG propagandists here called a totally impossible one – however nothing is impossible under the sun and finding Tohme so close to the cherished Michael’s catalog is just another proof of it.

Fortunately at least in March 2009 Michael Jackson realized that Tohme was absolutely not the right person to be on the ATV Music Publishing board and took him away from it.  I am not sure that it made Tohme and those around him happy.

However Michael still had to cope with the mad marathon they imposed on him.

*  *  *

Related post:

78 Comments leave one →
  1. March 11, 2013 3:51 am

    Thank you Helena for this reminder of the horrible contract. I know there is one with many details at the very beginning of this blog,also by you.
    There was info on Thome. Thome and Michael Jackson on Wikileaks.Thome had been keeping an eye on Michael for several years.This has now been erased.He is a the shadiest of characters.


  2. jojo permalink
    March 11, 2013 4:21 am

    Michael Jackson was treated unfairly by these people from Sny, ever since Mottola abandoned him. But Michael had other business, especially in Arabia and in Europe and was not bunkrupt or anywhere near it, He had no longer anything to do with Sony and was negotiatong Music Catalogs in 2001 to sell them to some musicians, as Sony was going bunkrupt and is probably why Mottola left to begin with.

    If AE was with Sony, and Sony is bunkrupt and everyone knows that although they already paid their seven hundred fifty million dollar debt that started in 2001.

    Michael being around arab billionaires was not just vacationing, he had been making business since the early 1990s. Especially with that arab Prince (forgot his name) who paid Michael to perform in Arabia for his birthday and michael agreed plus regaining popularity in Arabia and Arabia loves him.


  3. jojo permalink
    March 11, 2013 4:35 am

    What upsets me the most is that AEG treated him worse than they would treat new artists, they are dealing with a legend, why mistreat him in such a way. Im sure Sony had everything to do with it and maybe his death was planned from the beginning by Sony. Maybe they wanted Michael to sign the paper that he didnt sign and if he had singed, Sony would have had owned everything Michael possesed and would have immediatly paid their 750 million debt (Michael owned a whole set of catalogs worth billions and in the end Sony stayed with a 250 million dollar assets that Michael left them), this 750 million dollar debt is not Michael Jacksons and his concerts that never happened because he died helped Sony a whole lot.


  4. jojo permalink
    March 11, 2013 4:45 am

    They immediatly did THIS IS IT movie and gained over 200 million within a year and from DVD sales even more. the concerts brought a good amount of hundreds of millions and remember than back in the early 90s Michael Jackson made over a billion dollar per tour Oprah said so. Record sales and DVD sales sky rocketed and the media was pissed at that. About how much money did Michael Jackson´s death brought.

    Personally it was planned by sony. The 2005 trial was planned by Sony and why not think Murray was placed by Sony as well. They paid his debts as well. It is a possibility.

    Michael did not care about the money and did not need it. He wanted to resotre his broken legacy and also try to place his kids in the spotlight for the future.


  5. jojo permalink
    March 11, 2013 4:48 am

    It seems hard for Prince and PAris to be taken seriously by other stars and by the media and they showed their hatred against them with no mercy. But I hope they make it and help their father restore their legacy soon.


  6. jojo permalink
    March 11, 2013 7:05 am

    Finally I have one question unrelated to this post, but anyway. In anther post that you spoke about Ray Chandler and his ALL THAT GLITTERS THE CRIME AND THE COVER UP. Is Jordan Chandler a gay man?. You mentioned about him being confused about his sexual preferences or his sexuality.

    It sounds to me that this could be the main thing tha got the chandler pissed. Gutierrez seems to think so and said he lived with a banker. Are you sure Jordan Chandler reason to go to therapy with Mathis Abrams was because of his sexuality confusion and then Evan claiming that Michael molested him and that is why he was having this tendencies.

    Can anyone answer please!!!!!!!!!!!!!!!!!!!


  7. March 11, 2013 10:18 am

    “Michael Jackson was treated unfairly by these people from Sony” – jojo

    I find it funny that each time I speak about AEG Live and their concrete actions against Michael, people answer me about Sony and their ‘overall’ guilt.

    Sony had been with Michael Jackson for decades while Tohme – since around 2008, but he still managed to go as far as the board of Sony/ATV Music Publishing. Managed to go that far. When Michael realized that Tohme was the wrong man he took him away from that board.


  8. March 11, 2013 10:24 am

    “Personally it was planned by sony.”

    Jojo, personally I think that my post is not about Sony. It is about AEG Live and Tohme. Before you look at some distant woods on the horizon look at the trees right in front of you.


  9. March 11, 2013 10:27 am

    “Is Jordan Chandler a gay man? You mentioned about him being confused about his sexual preferences or his sexuality.” – jojo

    As far as I know he is not. And I never mentioned him being confused about his sexuality. You have confused me with someone else.
    Please make your comments on Ray Chandler in a respective post.


  10. March 11, 2013 10:53 am

    “Thank you Helena for this reminder of the horrible contract.”

    Kaarin, the post is not only about that ‘contract’ (which is actually a letter of intent sent to Tohme by AEG Live). It is even symbolic – intentions of AEG Live sent to Tohme. The post is about these two parties that made it happen, and the way they horribly, ruthlessly implemented their intent.

    “Thome had been keeping an eye on Michael for several years.This has now been erased.He is a the shadiest of characters.”

    Tohme says he met Michael in Las Vegas in 2008. He is the shadiest of characters indeed. But do not forget about the second party. Randy Phillips had been keeping an eye on Michael from an even earlier time.


  11. March 11, 2013 5:23 pm

    Frank Dileo was already very ill when rehired by Michael. He died, I think months later than Michael, during surgery having been given a double dose if anestetic by mistake.Also Frank Dileo was on holiday when hired and returned in 2 or 3 weeks time.

    There is no proof that Jordan is homosexual. He even talked to Dr. Gardiner about a girl he had in mind. There is a photo of him skiing with a girlfriend. Of course V.G. wants everyone to believe he is in his,VG.s, camp. There is a photo of Jordan and a young man his age walking out in gym shorts from a gym,that proves nothing.

    Also there was a death, deemed suicide,of a former lawyer to Michael. Forget his name at the moment.

    Of course this is not a contract,only tries to masquarade as something like it. But it clearly shows the impossible position that was to be Michael’s lot. The details are in the first analysis you did at the beginning of this blog. And dont forget how Michael was outright afraid of Thome. Thome was there at the hospital to announce Michaels death, of all people. He did not even let go after Michaels death.

    I have never forgotten the words of the judge in London, where that prince from Bahrain, having invited Michael to stay after the gruesome 2005 case,later took him to court to pay for all expenses occurred.Those were in fine print.The judge said.,You are taking advantage of a vulnerable man. One can only hope for such in judges in LA, or whatever the location of the court where KJ’s case will be.


  12. March 11, 2013 5:44 pm

    Prince and Paris are just young teenagers.Had their father been alive I think he would have
    wanted them to wait and mature before steppimng out into the media frenzy.


  13. March 11, 2013 6:07 pm

    Randy Phillips and Thome..Thome were the main cooks of this poisonous brew.Just recall the frequent e.mails between the 2 of them, with faxed signatures of Michael Jackson, if not even forged ones.Thome told Michael that he, Thome, will take care of the business side and that Michael just concentrate on the artistic one.


  14. Truth Prevail permalink
    March 11, 2013 8:01 pm

    Thanks Helena for this great article 🙂

    WOW! I did not realize how nasty that contract really was until now.

    How is anyone to do 50 shows with show/day off show/day off……. It is insane.


  15. March 11, 2013 10:12 pm

    “Frank Dileo was already very ill when rehired by Michael. He died, I think months later than Michael, during surgery having been given a double dose if anestetic by mistake. Also there was a death, deemed suicide,of a former lawyer to Michael. Forget his name at the moment.” – kaarin

    That double dose of anesthetic for Frank Dileo is a totally incredible case. He went into a coma after that and later on died.

    As to Michael’s long time lawyer Peter Lopez, his suicide is even more bizarre (if we use the favorite media expression). He allegedly shot himself a year after Michael’s death but there was no weapon found beside his body, which makes it another of those incredible cases.

    Peter Lopez started working on the AEG project as Michael’s lawyer but later on was dismissed, but dismissed only from the AEG project, as he went on representing Michael in other cases. As to the AEG negotiations only one lawyer remained there – it was Dennis Hawk, Tohme’s lawyer, who was also working for AEG.

    It is very interesting that later on Randy Phillips voiced concern that their ‘contract’ with Michael could be considered void because ‘they shared the same lawyer’, and it was a clear conflict of interests. So Phillips himself admitted that Michael did not have a proper lawyer by his side at the time of making that ‘contract’. The only one he had was supposedly working for two opposite sides. But this is impossible as a lawyer can defend the interests of only one side in a business deal (or dispute).

    P.S. I need to make a correction. Previously I wrote that the lawyer shared by Michael and AEG Live was Hawk, but now I recall that Randy Phillips was talking about Joel Katz. I think it was Joel Katz who was representing both sides, but need to check it up.


  16. March 11, 2013 10:29 pm

    I was making notes when Randy Phillips was testifying at Conrad Murray’s trial. The notes are in this post now:

    Randy Phillips said very little truth about their negotiations, but we can still fish out some real facts from what he said:

    – The first negotiations about the shows took place in 2007 after a call from Michael’s lawyer Peter Lopez. There was no resolution after that meeting as it was “relatively apparent” to Randy Phillips that Michael Jackson was not ready to go on stage.

    – The next contact was in August 2008 when Tom Barrack of Colony Capital contacted Phil Anshutz of AEG.

    – The same week of August 2008 the Colony Capital people set up a meeting for Randy Phillips with Dr. Tohme who introduced himself as Michael’s manager. Tohme said Michael wanted to restart his career, part of it being touring live and part of it being putting out new music during the course of the tour.

    – Then phone conversations, meetings, negotiations followed – all of them with Dr. Tohme only and two attorneys – Dennis Hawk and Peter Lopez. (Dennis Hawk was representing Tohme and Peter Lopez was representing Michael, who was absent)

    – Randy Phillips personally met Michael Jackson in September 2008. “It was me, Dr. Tohme and Michael”, said Randy Phillips. The plan was to start in London on O2 arena and do a “residency show”. After that they had a number of meetings, all held at the Bel Air hotel. Randy Phillips said that they never discussed money with Michael [so Phillips and Tohme Tohme discussed it between themselves!]. Phillips said, “Those negotiations were done separately and the meetings with Michael were more creative”.

    – By January 2009 when that ‘contract’ was finally imposed on Michael Peter Lopez was no longer present (though he continued working for Michael on other cases). Dennis Hawk was representing Tohme and Michael as if there were one.


  17. March 12, 2013 1:21 am

    “Correction: Previously I wrote that the lawyer shared by Michael and AEG Live was Hawk, but now I recall that Randy Phillips was talking about Joel Katz.”– vmj

    I’ve found the article where Randy Phillips talked about Joel Katz representing both Michael and AEG Live:

    “Phillips was said to be worried that a court might void AEG’s contract with the singer due to a conflict of interest — Jackson and AEG were sharing the same lawyer, Joel Katz, a well-known music attorney, and his global firm Greenburg Taurig.”,1

    This conflict of interests is just another good reason to find that AEG ‘contract’ void.


  18. Lopsided man permalink
    March 12, 2013 1:30 am

    You have done some good preparation work. Do you want to continue and make a post? I am doing the same now but with a much earlier period covering March – June 2009. Need more time to finish it up. – Vindicatemj (Helena) March 9, 2013 7:34 pm

    I don’t have all the facts organized for an entire article yet, but I’ll see what I can do. Meanwhile, here’s a list of Conrad Murray’s communications (calls & emails, texts) on the morning of Thursday, June 25, 2009.

    *To anyone: If this list isn’t correct, incomplete, feel free to help out. Thanks!

    5:54am – email from Bob Taylor, Lloyd’s of London insurance broker, enquiring about Michael’s health, wants confirmation that Murray was the only doctor who was being consulted for This Is It. Taylor requests release of Michael’s medical records since 2006.

    6:31am – Text.

    7:01am – call to Andrew Butler, patient and friend to Murray in Nevada.

    7:03am – emails from 2 people who were hammering out the AEG/This Is It contract.

    8:36am – Text from Texas.

    8:49am – call from Antoinette Gill, a patient and friend to Murray; told police her call was to inquire about a letter she’d received about Murray’s forthcoming absence from his practice because of his participation in This Is It. 53 second call.

    9:00am – Text from Texas.

    9:11am – Text from Texas.

    9:23am – call from Marissa Boni (friend to Murray’s daughter Channel). 22 minute call.

    9:45am – emails from Murray’s Las Vegas practice containing medical records for “Omar Arnold” – alleged alias for Michael.

    10:14am – call from Acres Home and Cardiac Care / Acres Cardiology Clinic (Murray’s Houston Texas practice). 2 minutes.

    10:22am – call from Dr. Joanne Prashad; she first contacted Murray’s Houston practice about a patient issue, the Houston office gave Dr. Prashad his cell phone number. Dr. Prashad said she was impressed with Murray memory about the patient’s medications and procedure. Call lasts 111 seconds.

    10:34am – call to Stacey Howe-Ruggles, Murray’s personal assistant in San Diego, CA. Says Murray directed her to draft a letter to the London Medical Board concerning his This Is It-related activities. Ms. Howe-Ruggles told investigators Murray didn’t appear distracted during the call. 8:05 minute call.

    10:36am – Text from Texas.

    11:07am – 2nd call to Stacey Howe-Ruggles. 1 minute call.

    11:17am – email to Bob Taylor of Lloyd’s of London, insurance broker for AEG’s This Is It concert series; CM denies reports about Michael’s ill health. Murray says Michael has denied authorization to release his medical records.

    11:18am – call to Murray’s practice in Las Vegas, Nevada (Global Cardiovascular & Associates). A 32 minute call.

    11:26am – call to (or from?) Bridgette Morgan, Murray’s friend (on another cell phone). Not answered. 7 seconds.

    11:49am – call to his patient Robert Russell in Nevada. 3 minute call.

    11:51am – call to Sade Anding in Houston, TX. 11 minute call.

    12:03pm – Text/Texas.

    12:04pm – Text/Texas.

    12:12pm – call to Michael Amir Williams (Michael Jackson’s personal assistant; “Call me right away, please call me right away, thank you.”). 1 minute voicemail.

    12:15pm – call from Michael Amir Williams. Murray tell Williams Michael had “a bad reaction”. 1 minute.

    12:53pm – Text/California.

    1:08pm – call to Nicole Alvarez (mother of Murray’s child.), while Murray is in the ambulance with Michael. 2 minute call.

    1:23pm – Text/Nevada.


  19. March 12, 2013 1:47 am

    Thanks Loopsided man. Where do you put the 2 minutes Murray said he spent in the bathroom? What doctor does his paperwork or electronic for that matter and includes his private social calls as well? while his patient is under propofol sedation? I think he made that up while lawyering up those 2 days he was missing.


  20. March 12, 2013 1:49 am

    “Randy Phillips and Thome..Thome were the main cooks of this poisonous brew.” – kaarin

    Here is an interesting article about Tohme. It cites the estate’s suit against him and confirms that he was indeed fired in March 2009. The dismissal was formalized by revoking his power of attorney on April 14th:

    Tohme also takes some credit for arranging the planned series of comeback concerts in London. And in October, during the manslaughter trial of Jackson’s physician, Conrad Murray, a former AEG Live executive testified that Tohme was present at the Bel-Air in September 2008 during the first meeting with Jackson to discuss the idea of a tour. Tohme’s suit says he subsequently was involved in many aspects of the planned concert series, from logistics to establishing Jackson’s web presence.

    But the Jackson estate alleges that throughout his dealings on Jackson’s behalf, Tohme behaved with impropriety. When he made the deal to prevent foreclosure on Neverland, says the suit, Tohme failed to disclose fully to Jackson that he had an existing (though unspecified) relationship with Colony. Jackson could have gotten better terms had he been represented by an independent adviser, says the estate, and the $2.5 million fee Tohme arranged for himself was far in excess of the norm.

    The estate’s lawsuit acknowledges that Tohme assisted in negotiating the deal for the concerts in London. But according to the suit, Jackson dismissed Tohme in March 2009, formalizing the termination April 14 by revoking Tohme’s power of attorney. On that basis, executors Branca and McClain reject Tohme’s claim for a percentage of revenue from the Jackson estate.

    But when news of Jackson’s death broke, Tohme rushed to Ronald Reagan UCLA Medical Center and presented himself to the media as a spokesperson for the star. In the following weeks, Tohme found himself receiving unwelcome attention.

    Today did a piece describing him as “the mystery man behind Michael Jackson.” June Gatlin, a self-described “spiritual adviser” to Jackson, claimed on that broadcast that Jackson was “deathly afraid” of Tohme and produced a tape she said she had made in September 2008, on which Jackson said, “There’s this divide between me and my representatives, and I don’t talk to my lawyer, my accountant. I talk to him, and he talks to them.” Gatlin can be heard telling Jackson, “That’s not good,” prompting him to reply, “I know it’s not good. I don’t like it. … I don’t know what’s in my account.”

    Tohme’s lawyers say months after that tape supposedly was made, “Michael Jackson was hugging and kissing” Tohme in joy about the planned concerts. But on June 13, 2009, days before Jackson’s death, The Wall Street Journal reported that Tohme had been replaced by Frank Dileo. (Dileo died Aug. 24, 2011.) Jackson offered no explanation for the change, the newspaper said. It quoted Tohme saying he wished Jackson “all the best.”

    Tohme did not acknowledge that reported rift after Jackson’s death. He gave a couple of interviews, telling the Associated Press he had been the “closest person to Michael Jackson” for a year and a half. Tohme also said Jackson had been in perfect health the last time he had seen him, two days before Jackson’s death, and that the star never took drugs — a statement later contradicted by the coroner’s report. [Wrong. The coroner’s report said there were no traces of narcotics in Michael Jackson’s system].

    Tohme said he had been paid nothing to work for Jackson but worked to cut the star’s costs while negotiating lucrative deals on his behalf. “I built a fence around Michael to keep people out,” he said.

    Since Tohme was building a fence around Michael it was surely him who ousted Peter Lopez as Michael’s attorney and set up his own lawyer Dennis Hawk as a replacement. For a time being Peter Lopez continued to work for Michael’s other cases, but at the end of February, just on the eve of announcing the concerts (March 5th), Tohme evidently dismissed him for good.

    I completely forgot that this devil Tohme – who claimed that he was just helping Michael as a friend and did not need any money – in reality charged $35,000 a month for his invaluable services, wanted a fee of $2,3 mln. for the “rescue” of Neverland, claimed 15% of all Michael’s earnings since July 2008 in addition to arranging for himself a $100,000 salary under the AEG project!

    Here is one more quote from the above article:

    In his lawsuit, filed Feb. 17, Tohme says he was responsible not only for many aspects of Jackson’s life but his children’s lives, too. He claims to have saved Neverland Ranch from foreclosure, restored Jackson’s image with the public and played a key, if unspecified, role in the series of 50 concerts Jackson was to perform in London starting in July 2009. Tohme says without him, the documentary This Is It would not have existed.

    For rendering all these services, Tohme claims he is owed $2.3 million for his Ranch rescue, plus 15 percent of Jackson’s gross compensation starting July 2, 2008, and continuing beyond the pop icon’s death.

    …Apart from those deals, Tohme had arranged to have Jackson pay him $35,000 a month plus expenses to act as manager. He set up additional payments to himself of $100,000 a month to function as a producer for the London engagements. (While it appears he was paid for his services as a manager, it’s not clear whether he collected fees associated with the planned concerts.)

    In a dueling suit, filed the same day as Tohme’s, Jackson’s estate says Tohme did indeed take control of “virtually all of Jackson’s personal and business affairs” and arranged a “far-reaching and very lucrative financial package for himself,” obtained through “a manifest breach of his fiduciary duties” to his client. The estate’s attorney, Weitzman, alleges Tohme lacked experience managing any artist, much less one of Jackson’s stature. But armed with power of attorney granted by Jackson, the estate says Tohme began to hire, fire and supervise members of the star’s professional team, allowing him to avoid outside scrutiny of deals he made for his own benefit.

    The estate seeks to void all of Tohme’s contracts with Jackson and demands he account for and return unspecified sums of money and property. The estate also rejects Tohme’s claim to a percentage of Jackson’s posthumous income, asserting that the star fired Tohme weeks before his death.

    And one more quote:

    He boasted, “All the business goes through me.


  21. nannorris permalink
    March 12, 2013 9:54 am

    I was just looking at some footage of MJ private service from Sept 09, to see if perhaps I would be more familiar with some of these faces in attendance that were invited..
    Randy Philips was there , which kind of surprised me,, but not Branca or Thomme, though…., since I thought the Jacksons brothers participated on the song for the movie This is It…and I thought all these men , were all listed in the credits of This is it…surprised they all werent all invited or ….none of them…kind of as a group, since the Jacksons have issues with both groups , from what I gather…

    Just surprised to see Randy Philips there ..I thought they were already suspicious of AEG/ his actions by that time


  22. March 12, 2013 12:45 pm

    There is a summary by MJJJustice Project of the MJ Estate case against Tohme:

    According to this a contract between MJ and Tohme also includes that Tohme has to be paid a 10% fee in case the Estate wants to buy back Neverland from Colony Capital (the 12.5% share). They try to void the contract. It’s still ongoing.


  23. March 12, 2013 3:59 pm

    “Just surprised to see Randy Philips there ..I thought they were already suspicious of AEG/ his actions by that time” – Nannoris

    And I am absolutely not surprised. Some of the Jacksons were suspicious, but not inviting Randy Phillips would have been an outrage – he was supposed to be Michael’s “best” business partner, was working on the documentary (doing overall monitoring) and was presenting himself as the best of friends. While for AEG Live it was another of those great business opportunities of course.

    Even Michael’s death was turned by AEG into a good promotion for themselves as the memorial service was arranged at the Staples Center again (the place where only recently they had been exploiting Jackson so hard). How could the Jacksons not invite Randy Phillips, the man who had done so much for Michael Jackson?

    I’ve watched this short video and think that all this hugging, smiles and socializing on the part of some people was absolutely inappropriate. If we didn’t know what had brought these people together one could think it was some nice event in the open air. Only Thomas Mesereau and Susan Yu and the people sitting behind them look just right. You can see that they are far from enjoying it.


  24. March 12, 2013 4:09 pm

    “There is a summary by MJJJustice Project of the MJ Estate case against Tohme:
    According to this a contract between MJ and Tohme also includes that Tohme has to be paid a 10% fee in case the Estate wants to buy back Neverland from Colony Capital (the 12.5% share). They try to void the contract. It’s still ongoing.”

    Thank you Susanne. Let’s pray that the Estate wins.

    A quote from MJJJustice Project:

    Some fans criticize Estate for not buying Neverland from CCapital but in reality it makes sense to wait for Tohme lawsuits end

    If Estate can void Tohme’s contracts, they can buy back Neverland without paying Tohme. They can also try to challenge the deal w/ CCapital

    For Neverland based on MJ-Tohme contract if Estate tries to buyback Neverland from Colony Capital they will be required to pay Tohme 10% fee

    Tohme situation also has connections to Neverland and Michael’s drawings (currently in possession of Brett Livingstone-Strong)

    Obviously Tohme isn’t happy and he’s trying to get out of these by making dismissal requests. Estate is opposing. It’s an ongoing situation.

    Estate’s complaint against Tohme claiming breach of duty is ongoing at probate court albeit slowly. Judge ordered Tohme to provide accounting

    As I said Labor Commissioner is going to make a decision on that. If successful Estate can void any agreements between Tohme & MJ.


  25. lynande51 permalink
    March 12, 2013 4:36 pm

    DId they ever say who the recipient or the sender was of the text was from Las Vegas?


  26. March 12, 2013 6:49 pm

    “DId they ever say who the recipient or the sender was of the text was from Las Vegas?” – lynande

    Sorry, I didn’t get the question. If it is about Tohme this will have to be looked into later as now I am focusing on a slightly different thing and still need time to put everything together.

    It is about one point which, in my opinion, requires utmost attention. When the first three dates were postponed by AEG Live from July 2009 until March 2010 they set a sort of a precedent with no refund for secondary tickets. They said that if someone could not wait until March their tickets would be refunded, however it did not concern the secondary tickets.

    It was in the article already quoted in the post, only by some accident I deleted that particular paragraph. Now it has been restored. I will offer my interpretation of the above, but need time to do so. You and others can also look into this and I wonder if we come to the same conclusions.

    Also please pay attention to the fact that at the end of May Michael was rehearsing NON-STOP as the Rolling Stone reports:

    May 20, 2009 2:09 PM ET

    …”It is AEG Live’s sincere hope that those lucky enough to have purchased tickets will have enough time to change their personal schedules and travel plans if they are coming from outside of London. We understand the inconvenience this may have caused and for this reason we have secured some excellent hotel deals for Michael Jackson fans traveling to London on these rescheduled dates.”

    “Inconvenience” is an understatement, as thousands of international fans were scheduled to flock to the British capital for the opening concerts of the 50-show run. For those who can’t attend the rescheduled dates, AEG Live is offering full refunds for their tickets, but that doesn’t account for people who bought tickets on the secondary market. Turns out those British bookmakers that bet against Jackson performing on July 8th from the onset were right.

    Pessimists will pounce on reports that Jackson has been rehearsing non-stop for the tour, and ask whether five days will make a significant difference in his preparation. Or are there bigger problems — like that Jackson 5 tour lawsuit — and more postponements on the way? Rock Daily will have more on this story as we inch towards the (currently scheduled) opening of the This Is It Run.
    Here’s the list of affected dates, per AEG Live:
    8th July will take place on 13th July 2009
    10th July will be moved to 1st March 2010
    12th July will be moved to 3rd March 2010
    14th July will be moved to 6th March 2010


  27. lynande51 permalink
    March 12, 2013 9:36 pm

    Helena in Lopsided mans comment he mentions some of the texts found on Murrays’ phone and the one at 1:23 PM was the one that I was questioning.


  28. March 13, 2013 12:52 am

    “in Lopsided mans comment he mentions some of the texts found on Murrays’ phone and the one at 1:23 PM was the one that I was questioning.” – lynande

    I hope Lopsided man answers you. Unfortunately I cannot focus on this at the moment.

    My present focus is on the way AEG Live was getting ready for Michael’s concerts. And I find it totally unsatisfactory that on May 12th “casting was only in final stages for dancers and the band”. It means that two months before the show even the casting for the band and dancers was not yet over and no real production had yet started! I thought things like that should have been done half a year before what was supposed to be a $30 mln. project.

    In contrast to them Michael Jackson had already been training 3 or 4 days a week with his trainer Lou Ferrigno.

    Michael Jackson Gets Ready For Tour
    3:29pm UK, Tuesday 12 May 2009

    Last week, thousands of dancers flew in from every corner of the globe including Japan, Australia, South America and Europe to audition for Jackson – all of them were chasing their dream of winning a spot to perform on stage with their idol.

    Kenny Ortega, the renowned Director, Producer, Choreographer and creative talent is hard at work collaborating with Michael Jackson in the overall design and direction for the upcoming This Is It concert shows.

    Ortega previously worked on Michael Jackson’s Dangerous and HIStory tours, some of the most spectacular shows ever staged.

    Even after the selection process narrowed the competition from thousands of submissions to over five hundred top international dancers, there was still no dance space large enough in Los Angeles or New York to house the auditions.

    The producers ended up booking LA’s Nokia Theatre L.A. LIVE, part of the site where the Grammy Awards are held each year, to handle the unprecedented numbers of performers who flocked to these auditions.

    In receiving the phone call from Michael to lead the team, Ortega said, “My answer without a beat was nothing could keep me away.

    “Collaborating with Michael on the Dangerous and HIStory tours were two of the greatest creative experiences of my life, to be invited to partner with him again is a dream come true.”

    Ortega goes on to say, “I had just finished a World Press tour for High School Musical and was about to start a new film. In accepting the invitation I had to move a few mountains to clear my schedule, but I’m thrilled to say I’m fully on board.”

    Casting is in final stages for dancers and the band.

    Either the AEG Live people are totally unprofessional in organizing things or they were not willing to have those concerts at all. The schedule they worked out for themselves is simply ridiculous.


  29. March 13, 2013 8:38 pm

    I keep reading a lot of materials and see that many people think that Frank Dileo was hired by Randy Phillips. Most probably he was (technically for sure) as Dileo’s services were paid for by AEG and were later to be compensated for by Michael. And Frank Dileo himself said that after the initial conversation with Michael Randy Phillips sort of endorsed his nomination to the job of Michael’s manager, and this alone shows that Dileo was too dependent to act in Michael’s interests.

    Even if he wanted to help Michael this situation made him answerable to AEG, the real boss paying him money. There was no way he could challenge AEG. It seems that the only help he provided to Michael was creating a more comfortable atmosphere for him and that is all. But on occasions even that was not the case.

    Guys, I still need time to put the information together. It is so big a mountain that even one more part will not be enough, so will probably have to make two more.


  30. Lopsided man permalink
    March 13, 2013 8:38 pm

    My reply to kaarin22 @ vindicateMJ site:

    Thanks Loopsided man. Where do you put the 2 minutes Murray said he spent in the bathroom? What doctor does his paperwork or electronic for that matter and includes his private social calls as well? while his patient is under propofol sedation? I think he made that up while lawyering up those 2 days he was missing.

    – kaarin22 March 12, 2013 1:47 am

    You’re welcome. 🙂

    Based on Randy Phillips and Frank Dileo’s story, Michael was probably long dead by the time Murray made that “dropping the phone” act during his call to Sade Anding.

    But what interests me is why Dileo & Phillips would tell everyone about their early knowledge of Michael’s cardiac arrest. Wouldn’t that reveal that they knew more about what was going on at 100 N. Carolwood than the official AEG story suggests?

    The best answer I can come up with is that it was a cover story, after the fact, to explain why certain witnesses recall seeing Randy Phillips at the scene that morning, before the EMT’s arrived (or were called).

    Because, since there was no ambulance at the house before noon that day (as Frank claimed in 2009), then the entire rationale for the “fan phone call” to Frank is false as well.


  31. Lopsided man permalink
    March 13, 2013 9:10 pm

    Another interesting note: Look at the list of all of Murray’s communications on his 2 cell phones that morning. There is not one call or email to or from either Frank Dileo or Randy Phillips between 10am to 12:26pm.

    Dileo learns Michael isn’t breathing, but doesn’t think to call Conrad Murray, the doctor looking after Michael’s health, who was at the house at the time? We all know he had his phone number.


  32. Lopsided man permalink
    March 13, 2013 9:45 pm

    *Helena, re: the Tohme’s comeback, I found this online during the Murray criminal trial. Of course, since June 25, 2009, there was a lot of rewriting history by AEG, Tohme, Dileo and others to try to “explain things”; knowing Michael wasn’t there to refute them, so this may be another cover story. Passing responsibility for Tohme’s return at 100 N. Carolwood Dr., onto a dead man (Dileo) fits with everything else they’ve done. Unfortunately, Frank Dileo isn’t here to clarify things (assuming he’d be inclined to tell the truth).

    [Source: “The Conrad Murray Trial That Wasn’t” by Amy Ephron; The Daily Beast, Sep. 29, 2011]

    “Shortly before Jackson’s death, I was told by someone familiar with the events, Dileo asked Tohme to come back in and help, which never made any sense at all.

    On June 25, 2009 after Jackson was declared dead at UCLA Medical Center, according to multiple witness testimony in the preliminary hearing, Tohme returned to the Carolwood residence, took charge, fired the entire security staff, and replaced them on the spot.”


  33. March 14, 2013 12:50 am

    “But what interests me is why Dileo & Phillips would tell everyone about their early knowledge of Michael’s cardiac arrest. The best answer I can come up with is that it was a cover story, after the fact, to explain why certain witnesses recall seeing Randy Phillips at the scene that morning, before the EMT’s arrived (or were called).” – lopsided man

    I thought that in Randy Phillips’ case it was a kind of a Freudian mistake – just blurted out the truth not noticing that he did it. Another explaination could be his unwillingness to lie under oath (for fear the lie could be found out) which was later replaced by the version that he could not properly recall. Since he mentioned the ambulance leaving when he arrived, everyone assumed that he simply made a mistake in time and after that the whole incident about him arriving at the scene of the crime at 10:30 was forgotten. However technically Randy Phillips could have said the truth.

    As regards Frank Dileo saying the same could you give a source please? I am afraid I haven’t any.


  34. March 14, 2013 12:54 am

    “Look at the list of all of Murray’s communications on his 2 cell phones that morning. There is not one call or email to or from either Frank Dileo or Randy Phillips between 10am to 12:26pm.”

    It is an exceptionally interesting point! It is hard to imagine that Murray would not have called his boss and Michael’s manager. And if he did not, why?


  35. March 14, 2013 1:04 am

    “Dileo asked Tohme to come back in and help, which never made any sense at all. On June 25, 2009 after Jackson was declared dead at UCLA Medical Center, according to multiple witness testimony in the preliminary hearing, Tohme returned to the Carolwood residence, took charge, fired the entire security staff, and replaced them on the spot.” – lopsided man

    But it perfectly makes sense in case Tohme went on working for AEG. He not only took charge of the residence and fired all the staff (according to La Toya) but the house stood unattended for quite a long time as the police did not suspect any homicide there. What was happening in the house when it remained unsealed only God knows.

    Today I’ve made a short cut from “Geraldo at large” program where Patrick Allocco said (was adamant) that when Tohme was fired by Michael he threatened to bring death and destruction on the whole Jackson family.

    How could a man like that be allowed to behave like a boss in Michael’s home after his death?

    It also makes the story of Michael keeping the sum of $5,5 mln. with Tohme look extremely false. How could Michael keep this money with the man he had fired and was angry with? It was clearly embezzled by Tohme. No wonder the estate said the money “was retrieved” from Tohme.

    Tohme also said to Allocco that Michael was so frail he would not make one day in London. But why did it not prevent him from setting 50 concerts for MJ then?


  36. March 14, 2013 1:13 am

    “Based on Randy Phillips and Frank Dileo’s story, Michael was probably long dead by the time Murray made that “dropping the phone” act during his call to Sade Anding.” – lopsided man

    I remember that the same conclusion was arising from Dr. Shafer’s simulations of various quantities of propofol amministered by Murray. According to Dr. Shafer’s findings Michael died much earlier, probably 10:00 – 11.00 am, but not at 12.

    Lopsided man, thank you very much for the great compilation.

    P.S. It’s very late here. Hope to come tomorrow.


  37. March 14, 2013 12:44 pm

    Guys, the further I look into Tohme the worse it gets. It is clear that for the little time left before the civil trial against AEG we will be able to scratch Tohme’s subject only on the surface, but I highly recommend to you the great research already done by other people.

    These are:

    Michael Jackson: And Justice for Some made a very informative summary about Tohme on Feb. 17, 2013 called “Three Agreements between Michael Jackson and Tohme” –

    MJ -The Fairies of Kensington Gardens (Loveformichaeljackson): Posts Tagged ‘Tohme Tohme’:

    These people have done so great a job in doing research of Tohme and related subjects that I feel it will take another week only to get familiar with their information. Please read as much as you can for us to get ready for what is coming quite soon.


    Let me also add here Ivy’s great summary of the cases Tohme and the Estate in counter suits suit against each other:

    A very brief look at it shows that Tohme claims Michael appointed him to the board of directors of Sony/ATV Music Publishing (MJ’s catalog) and was made one of the trustees of it along with Katherine Jackson. In March 2009 he was evidently dismissed from both and when his power of attorney was revoked on April 14th his functions there were also officially terminated.

    You need to log in to get to it, but here is a copy of Ivy’s summary I saved earlier on my computer:

    MJ Estate sues Tohme Tohme / Tohme countersues / Tohme’s complaint

    Michael Jackson Estate Claims
    Estate lawsuit file here :


    – Tohme gets hired around January 2008.
    – Tohme doesn’t have any experience in being a manager.
    – Tohme took control over all of Michael’s personal and professional affairs. They also claim Tohme hired and fired and supervised other people that worked for Michael and therefore no one could have objected his actions.

    – May 2008 Tohme and Michael signs a finder’s agreement for Tohme introducing Michael to Colony Capital.
    – Estate alleges that Tohme didn’t tell Michael that he had a pre-existing relationship with Colony Capital.
    – According to the finder’s fee agreement : Michael was to give Tohme 10% of the loan amount ($2.4M), 10% from the future sale of Neverland and 10% from any future transactions with Colony Capital.
    – Estate claims Michael didn’t have an independent lawyer and signed the finder’s fee agreement without fully understanding and getting independent explanation of it.
    – Estate says Michael signed the agreement because he trusted Tohme and believed the finder’s fee amount was normal and customary. Estate argues that these amounts are too high.
    – Estate says Tohme had conflicting roles – working as a finder and working as the manager of Michael.
    – Estate states that the Neverland deal done with Colony Capital was highly unfavorable for Michael. It limited his use and control of Neverland and had unfavorable financial terms.
    – Estate says as Tohme had ties and interest in regards to Colony Capital, he didn’t look for better and more favorable financing options for Neverland. (Estate says that they believe other better options were available)
    – Estate says Michael signed the Neverland / Colony Capital agreement without having counsel independent from Tohme and not subject to Tohme’s control and authority.

    – July 2008 Tohme gets Michael to sign a “Services agreement”.
    – Again MJ Estate says Michael signed because he trusted Tohme, didn’t have an independent counsel and thought it was customary.
    – According to this agreement Tohme was to be paid $35,000 + expenses per month even though Michael earned nothing.
    – The agreement also said Tohme was to receive 15% of all gross compensations received by Michael for his services in the entertainment industry including live performances, merchandising, electronic arts, recorded and live telecasts, motion pictures, animation projects.

    – August 2008 Tohme gets Michael to sign two Power of Attorney (POA) which gave extraordinary powers to Tohme.
    – Also Tohme gets Michael to sign an Indemnity Agreement which was again too broad.
    – Again the same claims of Michael didn’t have an independent counsel, trusted Tohme, signed them without fully understanding them.
    – Estate says Tohme cause harm with his POA when in November 2008 he gifted Michael’s art to Brett Livingstone-strong. Estate says the POA’s don’t give Tohme the power to gift anything and sign over Michael’s copyrights.

    -Tohme negotiated TII concert deal with AEG.
    – Tohme was supposed to get $100,000 a month as a producer fee from TII concerts. AEG would have pay this amount but then would get it back from Michael.
    – Again the same claims about Michael signing this agreement.

    – Estate alleges that Tohme took possession and control of millions of dollars, tangible personal property and other property of Michael.
    – Estate says Tohme merged his own funds with Michael’s and used Michael’s money for his expenses, travel, entertainment and purchase other property for himself.
    – Estate says Tohme has refused to provide accounting for the money he handled.
    – Estate says they believe Tohme is in possession of property belonging to the Estate (and alleges Tohme disposed some of them) and asks for twice the value of such items.

    – Estate says Tohme was fired March 2009 and Michael revoked his POA’s in April 2009.
    – Tohme didn’t return Michael’s property.

    – After Michael’s death Tohme requested significant funds from MJ Estate.
    – Tohme refused to return the property in his possession to MJ Estate.
    – Estate says Tohme also didn’t return books and records.


    1. Accounting : Estate is asking for account of all actions and transactions done by Tohme and return of any money and property of Michael.

    2. Recovery of Property: Estate is asking for all the property and cash Tohme has. Estate also claims that when Michael died he had a claim to property that the title or possession is held by Tohme.

    3. Wrongful taking: Estate wants twice the value of the property that Tohme took, concealed and disposed of.

    4. Breach of fiduciary duty: Tohme took advantage of Michael’s trust (for the things listed above) and only considered his self interest. Estate doesn’t know the exact amount of damages but they’re asking for currently undetermined damages from Tohme.

    5. Rescission: Due to the breach of duty Estate is asking for rescission – in other words the cancellation – of the 3 agreements (finder’s fee, service and indemnity) between Michael and Tohme.

    6. Rescission: Estate is asking for the rescission / cancellation of the 3 agreements between Michael and Tohme due several facts such as Michael didn’t have independent counsel and/or didn’t fully understand it and trusted Tohme. Estate says Michael could not known that these agreements weren’t customary and highly unfavorable for him. So Estate wants to rescind / cancel all these agreements.

    7. Rescission due to undue influence: Estate also claims that Tohme misused Michael’s confidence in him to obtain advantage over Michael and took advantage of Michael’s financial distress.

    8. Relief: Estate wants the court to rule that Tohme is not entitled to any commission for the time after he was fired and certainly not after Michael’s death, void the agreements and rule that Tohme is not entitled any further compensation and order the return of Michael’s property and money that’s in Tohme’s possession. Estate is also asking for damages (not yet determined) and legal costs.


    Tohme Tohme Lawsuit Against MJ Estate Summary

    Complaint file here :

    – Tohme states for the year before Michael’s death , he served as Michael’s manager, advisor, personal representative and spokesperson.
    – Tohme claims he positively brought Michael to the public eye as the King of Pop
    – Tohme says he assisted Michael managing his and his children’s lives.

    – According to Tohme Michael was in financial turmoil due to
    — 2005 trial and not being able to work
    — excessive spending habits
    — financial mismanagement

    – Tohme says Michael’s hiring and firing managers contributed to a confusion about Michael’s business affairs and finances.
    – According to Tohme before he was hired
    —- There was nobody that’s reviewing and authorizing MIJAC licensing agreements that could bring in millions of income.
    —- There were multiple lawsuits pending
    —- A lawsuit in England restricted Michael to engage in creative endeavors.
    —- There was a negative public perception due to molestation claims and settlements.

    – Tohme says he became Michael’s manager mid 2008.
    – Tohme says
    — he reorganized Michael’s business affairs
    — handle music licensing issues
    — renegotiate loans and debts
    — resolve legal problems
    —prevented Neverland foreclosure
    — Michael’s image improved and TII deal came up

    – Tohme say that he’s promised $2.3 million for Neverland and 15% of gross compensation earned by Michael commencing July 2, 2008 and it includes the time period after June 25, 2009 and monies paid to MJ Estate.

    Bahrain visit and the agreement with 2 Seas Record
    – According to the lawsuit the agreement said Michael cannot enter into new creative endeavors without the consent of 2 Seas Records.
    – This lawsuit was ongoing in 2008.
    – Tohme says he traveled to Bahrain and a settlement was reached in November 2008.
    – This gave Michael freedom for future plans such as AEG TII deal.

    – Tohme says after spending time in Bahrain, France and Ireland Michael returned to Las Vegas and later Tohme convinced him he need to move back to Los Angeles for his career.
    – Early Fall 2008 Michael moves from LV to LA.
    – Tohme says he arranged all aspect of Michael and his kids stay in Hotel Bel Air.
    – Tohme says he arranged the leasing of Carolwood residence starting December 2008.

    – Tohme says due to his advice and guidance combined with Michael’s talent and faith in himself, Michael’s happiness, focus and confidence has increased and he seriously proceeded with plans to return to the public eye.
    – Tohme says he arranged Michael’s media releases, disputed false and malicious stories and arranged positive stories such as MJ 50th Birthday interview on Good Morning America show.

    – Mention of the Neverland deal and Michael’s personal property and memorabilia. Tohme says without him all of those would be lost.
    – Michael signs with AEG for TII concerts.
    – Tohme says he suggested the name This is it! spoken in a high spirited tone.
    – Tohme says he was involved in creating the 3 minute TV commercial that announced the O2 shows.
    – Tohme says after the TII announcement a MJ Mania was created and sales of MJ related items such as music, merchandising has increased.
    – Tohme says he was involved in the name and implementation of . Tohme says after Michael’s death that website was used to advertise TII and exhibition at O2.
    – Tohme says he arranged positive press releases about Michael.
    – Tohme says he arranged travel, hotels, security and was searching for housing for Michael in England.

    – Tohme says he called Ortega at Michael’s suggestion to offer him the position of director at TII concerts.
    – Tohme says he also hired a tour manager, hairdresser, stylist, seamstress, musicians and dancers for TII concerts.

    – Tohme says that without him and him arranging the TII deal, MJ Estate couldn’t have received the enormous sums from movie, licensing, DVD, album sales, mp3. merchandising and promotion.
    – Tohme says his significant contributions is acknowledged by listing him at the credits.

    – Tohme says he was not only Michael’s manager but he was also a trusted friend and confidant.
    – Tohme says Michael have him to POA’s which gave Tohme complete power over Michael’s financial affairs and authorized Tohme to conduct business in Michael’s name.

    -According to Tohme, Michael
    appointed him to the board of directors Sony/ ATV
    appointed him to be co trustee of MJ Publishing Trust (MIJAC) with Katherine
    — authorized Tohme to review and approve all licensing requests from MIJAC.

    – Tohme says he received all the royalty payments from Sony on behalf of Michael
    – Tohme says he set aside some of the royalty payments to purchase a house for Michael in Las Vegas and only Michael and Tohme knew about this.
    – Tohme says after Michael’s death he contacted the Estate and returned them the $5.5 million.

    – Tohme mentions he filed a creditor’s claim and Estate took no action on it.

    – In regard to Neverland, Tohme claims he talked with other lending institutions but it didn’t lead anywhere.
    – Tohme says he then contacted Colony Capital who agreed to give $23 million.
    – Tohme says he deserves $2.3 M due to the finder’s agreement as well as 10% from any future sale of Neverland.

    – July 2008 Michael and Tohme enter into a services agreement. In which Tohme was to provide several services and receive 15% of Michael’s compensation.
    – Tohme says he provided valuable services such as settlement with 2 Seas Records, AEG TII deal, Broadway musical of Thriller, animated cartoon series based on Thriller, Thriller Live show, BMI royalty issues, MIJAC licensing, trademark lawsuits, oversaw music recorded by Michael after July 2008, website, Michael Jackson video game, 2008 Halloween release of Thriller 25 at Maddame Tussauds with Sony, auditing and refinancing Sony / ATV, negotiated a contract with Sony about Off the wall, King of Pop Cd’s with Sony Legacy, liaison to Sony/ ATV about new acquisitions, communicating with Sony in regards to Michael’s business matters, resolution of lawsuits, securing memorabilia and oversaw matters about auctions / exhibitions.
    – Tohme says he didn’t receive any payment for the 15% he’s entitled under Services agreement.

    – August 2008, Michael and Tohme enters into an indemnity agreement in which Michael agrees to compensate Tohme for reasonable expenses including personal and legal fees in connection to services Tohme provided to Michael.
    – Tohme says in this agreement Michael also agreed to not hold Tohme responsible for any damages, losses, claims, liabilities due to Tohme’s services.

    1. Breach of Neverland finder’s fee agreement: Estate didn’t pay Tohme the $2.3 Million he’s entitled according to the Finder’s fee agreement.
    2. Breach of Services agreement: Tohme says he wasn’t paid anything and he wasn’t provided any accounting to calculate what he was owed.
    Tohme asks for 15% of income from July 2, 2008 to June 25, 2009 and 15% of income after June 25, 2009 for matters on which Tohme provided services listed above.
    3. Breach of Indemnity agreement: Estate breached that agreement by not providing professional and legal expenses.
    4. Accounting: Tohme doesn’t have sufficient information to calculate the amounts owed to him and he asks for accounting including all of the above mentioned items and monies received from them.
    5. Declaratory relief: Tohme asks the judge to rule that he’s entitled to 10% of Neverland deal and 10% from any future sale.
    6. Declaratory relief: Tohme asks the judge to rule that he’s entitled to receive accounting and 15% of gross income from the services he has provided.
    7. Declaratory relief: Tohme asks the judge for a ruling about the reimbursement of legal and professional expenses.

    Tohme is also asking for interest and damages as well as attorney fees


  38. March 14, 2013 1:27 pm

    Here are some quotes from MJ -The Fairies of Kensington Gardens (Loveformichaeljackson):

    Quotes taken from the documentary Michael Jackson: The Life of An Icon.

    Michael was an easy touch and anybody could take advantage of him just because he’d trust everybody’s word. – David Gest

    Michael would bring random people into his life for business deals. They would offer him the world and Michael would believe them. – Frank Cascio

    Michael told me he only committed to 10 shows at the 02 Dome for his come back concerts. When he found out that he was committed to 50 shows, and there was no way of getting out of it, he snapped. He felt like they tricked him – he was put up against the wall and let down by people, or misled, I should say… – Frank Cascio

    It was thrown on him by his manager, and in his state of mind, he could’ve said yes to anything. – David Gest

    The wear and tear of all the managers and all the promises that they didn’t live up to took its toll. – Frank Dileo

    J. Michael Flanagan and Murray spokesman, Mark Fierro, were Pier Morgan’s guest on the day Conrad Murray was sentenced in the death of Michael Jackson (November 29, 2011)

    Piers Morgan: I mean, everybody has known about these celebrity doctors, for want of a better phrase, who, for a long time have administered stuff to famous people in their homes within the vicinity of this very studio in Los Angeles.

    And, some feel Conrad Murray became a scapegoat for this practice that’s been going on for a long time. Others say Michael Jackson was a fully grown man in his middle age, probably doing this for a while, and should have been responsible for himself. But then, there are the others, many in the medical profession, who say what Conrad Murray did was fundamentally unethical and wrong – No doctor should have done what he did.

    Do you accept that?

    Mark Fierro: I gotta say this – This is what was fundamentally different about this case: Michael Jackson had backed himself into a corner, and had Conrad Murray walked away for a single day, not only would Michael Jackson been 400 million dollars in debt, he would have lost the catalog – He would have been penniless.

    Conrad Murray didn’t know that he was going to die – He knew it wasn’t a perfect set up. But, had he walked for a single day – They’d already been warned: We’ll pull the plug. That’s the end of the tour. Michael Jackson was living in a rented home – Had Conrad Murray walked away from his friend for one day, Michael Jackson would’ve been penniless. Would he have been alive today? I don’t know. He had been chasing that Propofol thing for a long time.


    What is fundamentally different about this case: He would have lost the catalog. They’d already been warned: We’ll pull the plug. That’s the end of the tour.

    It is clear that Fierro is trying to defend Conrad Murray and though Murray’s criminal negligence does not absolve him of his own tremendous guilt, the idea of the catalog to be taken away from Michael in case AEG “pulled the plug” is correct.

    I think we should understand one thing – each should be responsible for his own guilt. Murray for his, the other parties – for theirs. Michael is dead as a result of both.


  39. Lopsided man permalink
    March 15, 2013 1:39 am


    Here’s Frank Dileo’s version, along with an excerpt from Dr. Klein’s TMZ interview….

    Frank Dileo’s account [CNN Larry King Live; Wed. Aug. 5, 2009]:

    Dileo was having lunch the Beverly Hilton, when he receives a call from a fan who sees an ambulance in front of 100 North Carolwood Drive. Dileo hangs up, calls Michael Amir Williams (aka “Brother Michael”) about it. M.A.W. says he’s heard about it, and that he was on his way to the house. Dileo then calls AEG’s Randy Phillips about the ambulance; since Randy Phillips is closer to the house, Dileo tells him to get there as soon as he can, and that he’d meet him at the house. When Dileo arrives at the house, he was told they’d left for UCLA Medical Center. Dileo arrives at UCLA, waits with Phillips. Tells Phillips, “I think he’s alive. We have a shot here he’ll be ok.”

    Frank Dileo’s account [Raffles van Exel interview; Nov. 4, 2009]:

    The morning of June 25, 2009 – Dileo wasn’t scheduled to go to Staples Center until 4 o’clock that day. Was having lunch with a friend at Beverly Hilton Hotel at 11:30am. Receives phone call from fan asking if he knew that there was an ambulance at 100 North Carolwood Dr. Dileo says he called Michael Amir Williams, who confirmed that he knew about the ambulance. M.A. Williams says he was leaving his apartment and going to the house. Williams mentioned that Dr. Murray was with Michael at the house. Dileo hangs up, and calls Randy Phillips (Dileo says Phillips was at the cleaners), tells him about an emergency at Michael’s house and to get there right away, since he was closer.


    Dr. Arnold Klein’s account of June 25, 2009 [TMZ; Nov. 6, 2009]:

    Arnold Klein tells TMZ’s Harvey Levin about a phone call his office received that morning from Frank Dileo. Klein clearly suggests that AEG and Dileo are lying about when they found out about Michael’s cardiac arrest/death.

    Harvey Levin: I do have something else that came up when we talked on Sunday….

    Arnold Klein: Sure.

    Levin: ….about a phone call that came to your office during the emergence when Michael Jackson was taken to the hospital, by one of Michael Jackson’s people.

    Klein: Yes. Frank Dileo called my office. Now, here’s the question that always remains: Who was called by Dr. Murray? We know I wasn’t called, contrary to what a certain doctor [likely referring to Dr. Steven Hoefflin] said. Again, this lovely doctor said I was called. but who was called? And, I mean, is it public who was called? Do people publicly know who was called?

    Levin: No

    Klein: Okay. But there’s been conjecture about many people who’ve been called.

    Levin: Right.

    Klein: And one conjecture was that the head of AEG was called. That’s a conjecture. One was Frank Dileo , who used to be his manager, was called, and whoever the third call was, was supposedly a patient who was suing Dr. Murray. Okay? That was supposedly what the third call was about, and that’s my knowledge. I can’t say for fact and it may be a big lie, but that’s what I was told.

    I was told one call went to a patient who was suing Dr. Murray – that’s the first person he talks to after his patient has died, next thing went to the head of AEG, then they talked to Frank Dileo and these were the three calls.

    And I know fairly well, I was assured yesterday that the first call was to this patient who was very angry…


    You can definitely see a pattern of AEG / Tohme trying to keep Michael isolated from his advisors. This goes back to 2008.

    Michael set this signed letter to Raymone Bain on April 24, 2008 after she was fired by Tohme.

    >> “I have never terminated your services nor did I null and void any of our Agreements. I know nothing about a release form. I neither authorized or [sic] signed the same. Therefore, I am authorizing you to continue to communicate with Mr. Yakoob regarding the Sultan’s property in Las Vegas, and to continue your role as my General Manager and President / COO of The Michael Jackson Company.” <> “I built a fence round Michael to keep people out,” he said, acknowledging that he cut costs by firing many members of the Jackson staff, including security guards and he twice fired the children’s nanny, Grace Rwaramba, on Jackson’s orders. <> Email from AEG’s Paul Gongaware to Grace Rwaramba on April 19, 2009: “AEG has been cutting down on Mr. Jackson’s expenses in anticipation of his upcoming tour. Unfortunately at this time the services you provide do not meet our needs.” << (AEG wanting to cut down on Michael’s expenses must be a sick joke.)

    That AEG can fire a longtime member of Michael’s OWN staff, and nanny to his children’s since they were born, tells you all you need to know about their control over Michael life & career in the last months of his life. Now they want to wash their hands of everything.


  40. Lopsided man permalink
    March 15, 2013 2:16 am

    Raymone Bain claims Michael’s letter was removed from her office by a Michael Jackson Company representative, and was only returned to her around July 2010. She has also said the release form doesn’t appear to have been signed by Michael. – doesn’t that remind you of the AEG contract?

    I know Raymone had her critics in the MJ fan community. She often seemed frazzled and overwhelmed with her job, but I think she meant well. Things would have certainly ended differently if she (and the 2006/2007 MJ Team she put together) had still been there during the AEG saga. In fact, she was one of the first to speak out in March 2009, saying that Michael wasn’t ready for This Is It, and that he was being manipulated. We were all so excited over the concerts that we dismissed her concerns.

    If only we knew….


  41. nannorris permalink
    March 15, 2013 10:37 pm

    This thing that Frank D, says about hearing from “a fan”that there was an ambulance …what fan would have Franks cell phone number..He hadnt even been back in MJ business that long..
    I have heard Frank say that it was an earlier time then what was reported, and I think Randy Philips had to correct his time frame on the witness stand., because he gave an earlier time..
    I thought Murray had two phones..I wonder if he was the one that called Frank..I just cant believe Frank D is handing his cell phone number out to some fan.


  42. March 15, 2013 11:26 pm

    Under Competiton – You say -“But AllGoodEntertainment was sort of swindled by Frank Dileo who promised a concert by Michael Jackson and his siblings though he wasn’t even Michael’s manager at the time.” According to Frank Dileo he asked for money upfront before he’d even speak to Michael and AllGood had a time limit to come through with that, they didn’t and so there was no meeting of the minds. AllGood took Dileo to court, and Frank Dileo proved he did nothing untoward business wise and the judge agreed with him. It was reported-

    Washington, Aug 20, 2010 – A judge has dismissed a 300-million-dollar lawsuit that had been filed against the late King of Pop Michael Jackson.

    The federal judge in New York just dismissed a lawsuit filed by AllGood Entertainment, claiming the ‘Thriller’ hitmaker had agreed through an agent to perform several Jackson family reunion concerts in Indiana before going on the road with any other show.
    AllGood claimed that by agreeing to do the London concerts, Jackson breached his agreement with them.

    The federal judge ruled today that Jackson’s agent—Frank Dileo— merely struck the deal with AllGood in principle, that couldn’t become binding without the sign-offs of MJ and his brothers.

    The judge also said the deal was just too sketchy to be enforceable.
    The case had been partially dismissed last month and now it has been closed forever.
    “This case never had any merit and the claim was frivolous from day one,” TMZ quoted Howard Weitzman, the lawyer for the Michael Jackson Estate, as saying. (ANI)


  43. Sina permalink
    March 16, 2013 12:23 am

    Deleo was involved in other fraudulent deals with other artists and also in Michaels name.


  44. March 16, 2013 3:22 pm

    Guys, first of all I apologize for being away. My Internet wasn’t working but even if it had I could not have attended to it anyway as now I am involved in a very serious project which will change my whole life. Unfortunately it will leave too little time for the blog. It has not yet started but I am getting ready for it (Michael would understand).

    However the posts about AEG are a must and will surely be done (hope to post one today or tomorrow).

    Another thing I wanted to say is that the fact that Murray allegedly did not call any of his “partners” – Randy Phillips and Dileo is even bad for their story. It is totally unnatural. The first thing any of us would have done, at least after the first emergency measures were taken, would have been to inform the immediate bosses. So why those calls are missing is a very big question.

    And as regards Michael’s letter to Raymone Bain and Paul Gongaware’s email to the nanny they are sensational. Michael’s letter is direct proof that Tohme was doing lots of things even without consulting Michael (this we more or less knew) but as to Paul Gongaware’s email I am simply lost for words. Gongaware was not even in a position to fire anyone in Michael’s surrounding and previously Tohme claimed that it was him who fired the nanny (twice).

    But if it was not even Tohme, but AEG, it makes things even worse than we thought – so AEG and Tohme merged and were one big controlling power in Michael’s life. “The services you provide do not meet our needs”. What do they mean by it?

    Lopsidedman, could you provide the links please?


  45. helena1247 permalink
    March 16, 2013 4:28 pm

    Dear readers, this is helena again (vindicatemj). I had to log in as a reader and not as an administrator because just after leaving a comment, a message appeared on my monitor that my IP address was BLOCKED by the decision of our authorities.

    I am now checking it up with my provider. They say there are no problems on our side – my blog is NOT blocked by our authorities. There is a certain register of sites forbidden by Russia (spreading pornography, racial hate,etc), but this blog is not among them – OF COURSE IT IS NOT, HOW CAN IT BE?

    We are still sorting it out, but in the meantime let me tell you that AEG is one of the biggest specialists in computer technologies. Their other biggest devision working side by side with AEG Live is AEG Digital media:

    AEG Digital Media, LLC provides Webcast management, video optimization solutions, and media services in the digital media industry. It specializes in technical media services; and the management of music, sports, media, enterprise, and special event programming. The company’s services include project management, technical consulting and strategy, production design and planning, player development, software development, social media integration, multiple content delivery networks management, video player design and enablement, and technical and transmission management; live streaming; multiplatform digital and distribution of live events to television, mobile, and broadband; and worldwide satellite transmission and broadcasting of live content experience and events. It also provides managed Webcast services for award shows; production and live streaming, encoding, and distribution services for concerts, music events, and festivals; creative and production services; live encoding services; on-site, on-the-fly video transcoding, and live streams delivering services; live event streaming services; event based on-demand encoding services to download to own distribution and for online marketing and promotional ventures; and existing content encoding services, such as program libraries, promotional and marketing reels, and other video materials. Further, the company facilitates and enables content over multiple platforms, including television, mobile, and broadband for brands, broadcasters, sports leagues, and media properties in the United States and internationally. AEG Digital Media, LLC was formerly known as AEG Productions, LLC and changed its name in October 2009. The company was incorporated in 2008 and is based in Los Angeles, California. AEG Digital Media, LLC operates as a subsidiary of Anschutz Entertainment Group, Inc.
    Hide Detailed Description
    800 West Olympic Boulevard
    Los Angeles, CA 90015
    United States
    Founded in 2008


    • AEG Facilities
    • AEG Live
    • AEG China
    • AEG Digital Media
    • AEG Merchandise
    • Bounce

    I have a request to my readers. Please copy the texts – as many as you can.


  46. Susannerb permalink
    March 16, 2013 6:17 pm

    This is a very strange thing, but I hope it can be fixed soon. Best wishes, Helena.


  47. helena1247 permalink
    March 16, 2013 6:33 pm

    Dear readers,

    I’ve sent to wordpress a very short letter. Here it is – just for your information:

    Name: helena


    Dear happiness engineers, I am the administrator of who writes there as Vindicatemj. When I tried to enter my blog today a message appeared saying that the IP address of my blog was blocked by our (Russian?) authorities. According to our laws this can happen only if our authorities think that I am spreading pornography, racial hate, etc. – which is absolutely not the case with my blog.

    My Russian Internet provider checked up a register of sites forbidden due to the above reasons and said that my blog was NOT among them. Of course it is not among them, there is absolutely no reason for it! My Beeline Internet provider contacted me to their technical help and the engineer explained to me that since the IP resource belongs to wordpress, it is actually wordpress who blocked the blog (other than that the Internet is open to me). He advised me to contact you to find out what the problem is. He also said that sometimes one IP address is given to several blogs and blocking one of them could automatically block the others.

    I do hope that all this is just some terrible mistake and will be very grateful to you if you look into the problem and restore my access to the blog. Or please inform me of the reasons why all of it happened. The blog is devoted to defending an innocent man and is absolutely NOT spreading any information that might go against public good. In fact common good is what the blog is all about.

    Very much hoping for your help,

    Sincerely yours,


    * * *
    At first I was very suspicious of our authorities, but upon second thought realized that if they wanted to block my activity they would have blocked my computer IP address (if it is possible) or would have cut my Internet line.

    However the Internet is still open to me EXCEPT for this blog. So it must be the wordpress who is unhappy with what I am doing here. Who else can it be?


  48. helena1247 permalink
    March 16, 2013 7:39 pm

    Quote: “According to Frank Dileo he asked for money upfront before he’d even speak to Michael and AllGood had a time limit to come through with that, they didn’t and so there was no meeting of the minds. AllGood took Dileo to court, and Frank Dileo proved he did nothing untoward business wise and the judge agreed with him”.

    MJJJustice, I didnt’ know Frank Dileo proved that he had done no wrong. I would gladly correct the pot, but cannot do it as now I have no access to my own blog. So let the information about Dileo stay there as my mistake then. Actually I always liked Dileo.



  49. Susannerb permalink
    March 17, 2013 12:49 am

    This is a message from Helena/Vindicatemj as she has no access to her blog at the moment:

    Guys, now I see where the problem is.
    AEG may be guilty as hell, but this time it is OUR beautiful authorities who have done it to us AGAIN. The Russian article below says that two wordpress blogs were found to contain posts about children’s suicides and at this pretext our authorities blocked 2 out of 6 IP addresses on This affected 10,000 blogs (including vindicatemj).
    Well, the situation is the usual one – the official “democracy” is on the march at the pretext of taking care of our people. Now you can see for yourself what it is like.
    The article says that on March 14th the Russian autorities monitoring consumer services included into the register of forbidden resources 2 IP addresses of – и This affected thousands of sites (that is why we here cannot see other wordpress blogs either).
    “14 марта на волне своих заявлений и своих более ранних предписаний по удалению информации Роспотребнадзор ничтоже сумняшеся внёс в Реестр запрещённых ресурсов сразу 2 IP-адреса, принадлежащих одному из крупнейших мировых порталов блогов и сайтов, а именно: и”
    So as regards AEG it was my mistake – at least in this case it was not their fault. Sorry for thinking so bad of them.


  50. Lopsided man permalink
    March 17, 2013 3:01 am

    Helena, I’m sorry about the attacks on your website. If these attacks are deliberate, then you know you’re doing something right. BTW, did you save your articles?

    Here are the links you requested:

    Michael Jackson’s April 19, 2008 letter to Raymone Bain’s letter from Michael (image of Michael’s letter) :

    The AEG emails part 1 (Original L.A. Times story) :

    The AEG emails part 2 (New York Daily News; Additional AEG emails, including Grace’s termination letter) :

    The AEG emails part 3 (CNN; Alleged ‘smoking gun’ e-mail revealed) :

    Tohme Tohme’s Associated Press interview (July 2009):



    It’s not simply a matter of “breaking the law”, an extremely technical matter (after all, Diane Dimond escaped a slander lawsuit by Michael in part because he ‘couldn’t prove’ she’d acted maliciously when she repeated Victor Gutierrez’s lie about the sex tape of him with a child), this is about determining what type of people were around Michael in the last year of his life. Were his representatives honest and ethical? Were they really solely dedicated to him, of were their loyalties divided?

    I also liked Frank Dileo, but Michael had a lot of people he trusted who ended up selling him out. We have to follow the evidence wherever it leads us, regardless of our personal preferences.

    Frank Dileo had no business accepting a penny from AllGood Entertainment, signing contracts, or taking meetings on behalf of someone he didn’t manage. An ethical businessman wouldn’t have behaved as he did.

    As Sina’s link to that Atlantic Business Magazine shows, this seems to be part of a pattern of shady side deals, only meant to enrich himself using Michael’s name.

    Frank Dileo also joined AEG in their rewriting of history after June 25 2009. They all tried to create the impression that Michael was the one who “pushed” Murray on AEG against their wishes (kind of like Michael “pushed” Murray to give him Propofol.) because they wanted to hire a British doctor instead, and that AEG had no knowledge of anything that went on at 100 N. Carlwood Dr. – the leaked AEG emails exposed those lies as well.


  51. March 17, 2013 3:36 am

    This thing that Frank D, says about hearing from “a fan”that there was an ambulance …what fan would have Franks cell phone number..He hadnt even been back in MJ business that long..

    Lots of fans had contact with Frank actually. Since 2007 when there were reports about the two getting back together again, Frank definitely had contact with fans.


  52. March 17, 2013 4:28 pm

    “Helena, I’m sorry about the attacks on your website.”- lopsided man

    Via a roundabout way I managed to log in. How long this miracle will last I don’t know, so let me take just this opportunity to explain the situation.

    The attacks are not only against my website – they are against other 10,000 Russian bloggers who had the audacity to use a foreign hosting service of wordpress. No news is reported about it but what I hear is that someone wrote something on wordpress about children’s suicides, and in accordance with their (our authorities’) recent law the hosting service which allowed this to happen can be banned altogether. As you understand it is not even necessary to have a real blogger to write something wrong – it is enough to have someone to create a provocation for making the situation possible.

    In this case as a result of those two unknown blogs two wordpress IP addresses were banned which covered thousands of Russian bloggers, me included. Why am I still here I don’t know – must be a miracle. But while I can log in I will stay.

    Saving the articles is always a good idea, so please copy some as for me it is extremely difficult now. The blog will be seen anyway as it is not on our territory which is good – unless someone from AEG’s side does something to it, of course. Hope not.


  53. lynande51 permalink
    March 17, 2013 6:00 pm

    I see alot of different things in the comments here and in the article that I have read in the links.
    One is that if Randy Phillips knew that Michael was “frail” and “filled with self doubt and loathing” that would have been the time to cancel or puch back the date of the shows wouldn’t it? The production hadn’t started yet so they would have been out very little money at that point. Pushing it back would have given Michael time to get better and feel more confident about the shows.But then that is a reasonable reaction not a business reaction.
    Second if Thome had Michaels’ pwer of attorney he would have signed the contract NOT Michael. At least that is the way with anyone else that has a POA in the USA. I know I have one for my Mom and I sign all of her legal and medical papers.
    It almost seems like they planned it from the beginning with those emails. You have the contradiction of Phillips and Gongaware where one says that he is filled with self loathing and the other says that he “thinks he is much bigger than that”. Isn’t that a contradiction?Someone “filled with self loathing” doesn’t usually think that they “are much bigger than that”. But again that is just reasonable thinking is guess.If I were to analyze what those emails said I would say one was contraditing the other.
    I also think that the judge ripped AEGs’ defense right out from under them when she said in her ruling that it was a “tour doctor” was a known practice in the entertainment industry. IF it was known to them then they should have known that he was everything that they said he wasn’t.
    Last but not least there is just not a chance that Michael used propofol on tour before. First he was asking Cherilyn Lee about the drug. Why would he ask her if he had done it before? If he had done it before he would have known what it was like and would not have asked for advice about it. Then he told her that “my doctors say it is safe”. What doctors? We know that Alan Metzger never told him it was safe. We know that Dr. David Adams never told him it was safe. So when he says “doctors” we know that he meant more than one. Up until about two months after Michael died everyone in the world though that Thome was a real doctor and Michael died believing that he was a real MD.
    That is why that text to Las Vegas is so important at 1:23 PM. Thome is actually from Vegas, his phone wherever he was would have the Vegas number,even if he was in LA at the time. I wonder did Murray contact Thome and tell him to get over the to house and clean it up? Or did he tell him it was over?


  54. lynande51 permalink
    March 17, 2013 6:29 pm

    Then there is the other part where they say they are sobering him up and he was “drunk and despondent”.
    I have watched that video dozens of times and Michael does not walk like he was drunk, he does not talk like he was drunk and he does not act like he was drunk. It looks like they wanted to make him look bad from the beginning.
    AEG has an expert on eating disorders on their witness list. Michael was a picky eater but the thing that they don’t realize is that every night Michae was gettting an anesthesia. Before you undergo anesthesia you have to be NPO ( nothing by mouth) for at least eight hours prior to the anesthesia because of the chance of vomitting and aspiration. He could not eat in front of people during rehearsals if Murray told him anything close to the truth about propofol.
    Michael was not becoming “addicted” to propofol the way some medical workers have for the simple reason that Murray was putting Michael into deep sedation everynight. The euphoric feeling is long gone when you are put that far under and that is what the medical workers are seeking when they become “addicted” to propofol. It is not physically addictive but there is a point where a small amount of propofol can give you a hallucingenic effect that is very euphoric. It is much less than deep sedation and coma which is why Michael was becoming ill.
    I think like Dr. Shaffer does that Murray was hanging that stuff and giving it by IV drip. That was to maintain the level of sedation to keep Michael under. I think Michael was nervous about it after talking to Cherilyn Lee and so in order to do that Murray first gave him the Ativan and Versed. Why? Because that is what they do for everyone that is nervous about the anesthesia before surgery.
    Then to bring him out of it in the morning he would give him that flumazenil. Flumazenil is a drug with one purpose. It is an antidote for the depressed respiratory effects of the Ativan and Versed. He would give him the Flumazenil along with a little epinephrine and he would be awake. But like anyone else that has been put under anesthesia he would have side effects like short term memory loss, confusion and the use of the flumazenil daily would have given him side effects of feeling hot on one side and cold on the other. He would have been emotionally labile as well from the use of the propofol.
    Michael wasn’t “ill” until Murray started using the propofol, benzos and FLumazenil cocktail. He made him ill and AEG encouraged that when they gave him control over Michaels’ well being and that they admit to in their emails.


  55. lynande51 permalink
    March 17, 2013 8:50 pm

    This is just a question because I don’t know contract law but if Michael did not sign it but Thome did when he had MJs’ POA would that contract still be legal once that POA was rescinded. Wouldn’t Michael have then been able to tell AEG that he wanted to renegotiate the terms of that “contract”. After all it would not have been legally binding would it if it was signed by someone with a POA that no longer had the POA. Maybe someone can answer my question that knows something about contract law.


  56. March 17, 2013 9:13 pm

    “One is that if Randy Phillips knew that Michael was “frail” and “filled with self doubt and loathing” that would have been the time to cancel or push back the date of the shows wouldn’t it? The production hadn’t started yet so they would have been out very little money at that point. Pushing it back would have given Michael time to get better and feel more confident about the shows.But then that is a reasonable reaction not a business reaction.”

    Lynette, we are thinking in one direction. AEG knew that Michael was not well but pushed him more and more – and set 50 shows when they were not sure he would make just one show! And after that they also shortened the period of the rehearsals – from July 26to to July 8th.

    And the casting for dancers started only in May (the final selection was on May 19). Incidentally the Rolling stone article which presents the AEG version of the events says that the rehearsals started in March, which is a lie. It contradicts numerous other reports. AEG knows that May was too late and too suspicious and is now doing damage control.


  57. appleh permalink
    March 18, 2013 1:38 am

    Hi Helena this is a bit off topic, but has to do with the upcoming trial. Have you heard that AEG plans to order an DNA-test of MJ´s children ? AEG seems to go the ugly way !!!


  58. March 18, 2013 2:12 am

    “Have you heard that AEG plans to order an DNA-test of MJ´s children ? AEG seems to go the ugly way !!!” – appleh

    No, I haven’t heard about it but AEG is indeed one of the ugliest and nastiest creatures on this planet. I wonder what they need that DNA test for?


  59. kaarin22 permalink
    March 18, 2013 2:47 am

    I would be surprised indeed if AEG has the right to ask for DNA tests on Michaels children.


  60. shellywebstere permalink
    March 18, 2013 3:30 am

    They never asked for that. It’s KJ’s lawyer who think AEG might want to spread doubt on who is the father and the mother. AEG never asked for a DNA test.

    It’s in the document where they epxlain their 40 billions dollars claim.


  61. shellywebstere permalink
    March 18, 2013 3:35 am

    Katherine Jackson wants to exclude the following

    Exclude the mention that Katherine and MJ’s kids did not sue Murray

    Katherine’s lawyers state that they expect AEG to argue that Katherine could have sued Murray but choose not to because she was looking for a deep pocketed defendant and they want the judge to exclude such claims.

    Exclude benefits Katherine and MJ’s kids receive from MJ Estate

    Katherine’s lawyers state that they expect AEG to argue that Katherine and MJ’s kids are receiving money from MJ Estate and they will use this to reduce the any amount of damages the jury might award so they want the judge to exclude such claims.

    Ps: this motion makes reference to medical insurance benefits in addition to what they get from the Estate.

    Exclude marital discord between Katherine and Joe

    Katherine’s lawyers state that they expect AEG to introduce evidence that Katherine and Joe have a turbulent or unhealthy marriage and will use this to make Katherine look bad in front of a jury. They want the judge to exclude these.

    Exclude the argument that Michael’s siblings have financial problems

    Katherine’s lawyers state that they expect AEG try to introduce evidence that Michael’s siblings suffer or have suffered from financial woes and says that this is irrelevant and it should be excluded.

    Exclude molestation charges

    Katherine’s lawyers state that AEG lawyers have asked during depositions to multiple people about the molestation charges and they expect AEG to mention those to make Michael bad and they want the judge to exclude those.

    (Ivy’s note: Molestation charges is mentioned in AEG documents as a reason for lower income level expectations).

    Exclude evidence of biological parents of minor kids

    Katherine’s lawyers say AEG might try to introduce evidence to cast doubt on the biological parents (both father and mother) of the minor kids and it should be excluded as it is irrelevant.

    Exclude that Katherine was kidnapped to Arizona

    Katherine’s lawyers say that AEG may try to introduce evidence that Katherine was kidnapped to Arizona to cast the Jackson family in a bad light and it should be excluded as it is irrelevant.

    Exclude that Michael Jackson Estate did not file a lawsuit against AEG or anyone else in regards to Michael’s death

    Katherine’s lawyers say that they anticipate that AEG will argue that MJ Estate did not join Katherine’s lawsuit to demonstrate that Katherine’s lawsuit lacks merit or based on baseless allegations. They want it to be excluded.

    Exclude testimony from David Fournier that Michael tried to deceive him during surgery

    Fournier is a nurse anesthetist that provided medical treatment to Michael in 1990s and 2000s. Fournier believes on one or two occasions Michael deceived him by not telling him about a “narcan implant” Michael inserted in his body before surgical procedure Fournier was helping with. Fournier states he believes Michael did not intentionally tell him about the “narcan implant” because he knew Fournier wouldn’t have administered him anesthesia if he knew.

    Katherine’s lawyers state they expect AEG to introduce this at trial to show that Michael is a liar and tried to deceive a health professional. They want it to be excluded as it is speculative and irrelevant.


  62. kaarin22 permalink
    March 18, 2013 4:43 am

    Narcan is naltrexone and is an antidote to opiates. When implanted it works for a longer time than an injection would. Lets just hope AEG has to pay a lot of money and then Katherine and PP and b. can build Michaels Childrens HospitaL.


  63. lynande51 permalink
    March 18, 2013 9:29 am

    ” Exclude testimony from David Fournier that Michael tried to deceive him during surgery

    Fournier is a nurse anesthetist that provided medical treatment to Michael in 1990s and 2000s. Fournier believes on one or two occasions Michael deceived him by not telling him about a “narcan implant” Michael inserted in his body before surgical procedure Fournier was helping with. Fournier states he believes Michael did not intentionally tell him about the “narcan implant” because he knew Fournier wouldn’t have administered him anesthesia if he knew.

    Katherine’s lawyers state they expect AEG to introduce this at trial to show that Michael is a liar and tried to deceive a health professional. They want it to be excluded as it is speculative and irrelevant.”

    Do these lawyers ever look up a drug when they name it? Narcan is an opioid agonist which means it prevents opiates from binding to the opiate receptor in the brain. It puts the person into withdrawal and prevents them from feeling the euphoric effects of the opiates. If Michael was on Narcan he was not an addict like they are trying to make out. All this would make me ask is why David Fournier would not have given him the anesthesia if he knew about it unless he was giving him a belladonna/opiate mix to put him under. Then I would have to ask why he was giving someone with a former opiate dependence that combination when other non opiate anesthesias are available. It also means that Michael was not an addict because he could not take opiates. How idiotic that not telling him would be a negative thing unless his plan was to give someone something he shouldn’t have.


  64. lynande51 permalink
    March 18, 2013 9:55 am

    Sounds to me like AEG is trying to defend themselves with tabloid information just like Sneddon tried to build a case with tabloid information. There is a doctor in Glendale that knows that Michael is the biological parent of those kids. MJ had him checked out when he had the Interon investigation done in 2003. So does Dr, Barney Van Valin. I sure do hope they put him on the stand.
    I think they should put it all out there once and for all myself and get Chandler into a courtroom to testify for once. Let Tom Mesereau get him on the stand and see how long he lasts when he is finally confronted with the mismatch and the extortion that his father forced him to be a party to.


  65. March 18, 2013 10:36 am

    “I think they should put it all out there once and for all myself and get Chandler into a courtroom to testify for once.”

    Lynette, a good idea. I wish we could see Jordan Chandler and Thomas Mesereau in the courtroom together. And it to be televised too.


  66. March 18, 2013 10:47 am

    Since Katherine’s motion to exclude certain topics has been posted here I am also posting the motion from AEG and what they want to be excluded. We find that the suit is for a very big sum of money and this is the first thing they object to.

    Among possible income sources AEG does not mention the main one – secondary tickets which was the process controlled by them and this in accordance with their own contract. Secondary tickets were sold at astronomical prices – the initial price was ten times as much as the nominal price but even from that level it went up.

    Both parties have filed their motions to exclude certain topics to be mentioned during trial. The judge will hear the arguments and decide on these motions on March 21 (or later).

    AEG Live

    AEG Live states that the jury will decide on 4 narrow issues

    1- Whether AEG Live hired Murray
    2- Whether Murray was unfit
    3- Whether AEG Live had a reason to believe an undue risk of harm would exist due to Murray
    4- Whether harm occurred.

    Based on this AEG Live asks the judge to exclude the following:

    Speculative Damages

    The $40 billion damages are now becoming clearer. Each plaintiff (Katherine, Prince, Paris, Blanket) is asking for $50 Million in general damages and $10 Billion in special damages (it brings it to $200 M total in general damages and $40 billion in special damages). It turns out Katherine’s side is speculating Michael’s possible future income and AEG wants this to be excluded as California law says the damages should be “reasonable certain to result in the future” and “possibility or probability” is not enough. AEG says all of these based on casual conversations and wishful thinking and hypothetical scenarios and nothing was certain.

    The possible future income sources are
    – Possible future tours after TII
    – Possible future albums
    – Possible future increased on royalties from already released albums
    – Possible future film career
    – Possible future clothing line
    – Possible future appearances
    – Possible future purchase of Marvel comics
    – Redacted but based on something Tom Barrack said

    Jacksons claim Michael would have earned $500 Million a year for the rest of his life and would give 40% of his earnings to Katherine and his kids. AEG states if you do the math to reach to the $40 billion number it would have required Michael to live 200 more years. ( Math : 40% of $500 M a year = $200 Million a year. $200 Million a year times 200 years gives $40 billion).

    AEG also mentions that these numbers aren’t realistically possible as Michael’s popularity was down due to child molestation allegations and he hasn’t performed for years. AEG also mentions how Katherine stated during her deposition that Michael did not want to tour anymore but now also claiming lost income from future tours. AEG also lists details of Michael’s past movie projects that never happened, clothing endorsements that ended in lawsuits and so on to demonstrate that there is no certainty that any of these future business projects would have actually happened or be successful. AEG also mention that Marvel was sold for $4.2 billion (meaning Michael could not have afforded to buy it at all).

    AEG has no objection to any lost income from TII to be considered in determining damages.

    Irrelevant interactions between AEG and Michael

    AEG Live states given the 4 issues to be considered at the trial the following is irrelevant: AEG and Michael’s financial bargaining power during negotiations and preparation of the tour, cash advances made to Michael, number of concerts scheduled and AEG firing nanny Grace on Michael’s request.

    It turns out Katherine planned to introduce AEG’s and Michael’s financial bargaining power to show AEG had control over Michael. AEG states as the first claim is now dismissed, these matters are irrelevant to the remaining 1 claim and should be excluded. AEG also states that any mention of “control claims” should be excluded. This also includes a request for the exclusion of AEG emails that mention “has to perform or a financial disaster awaits”, “he has no choice, he has to do it he signed a contract” etc.

    AEG says if Katherine is allowed to mention these control claims, AEG in return will show that it was Michael’s advisors that approached them for a tour, 3 business managers of Michael looked over and approved tour expenses, it was Michael’s requests that increased the tour expenses and so on.

    We learn that during summary judgment Katherine stated that AEG used cash advances to “reel him in”. We also learn that Katherine’s lawyers especially asked questions about a $200,000 cash advance that Phillips took to Michael in a brown paper bag. It seems like Katherine’s side wants to portray these as under the table advances. AEG argues that advances are no longer relevant to the remaining issues and AEG Live states regardless of how they have given Michael advances he has signed receipts for them and they are all properly documented and accounted for.

    AEG says the number of shows Michael agreed to perform is irrelevant to the topic that whether AEG hired Murray or not. AEG also want to exclude testimony from Prince that might claim AEG was forcing Michael to do more shows than he want and AEG state that they have counter witnesses that would testify that Michael told them he was excited to perform “50 shows”.

    AEG says Gongaware firing nanny Grace at Michael’s order is irrelevant to the matters at hand. They say AEG never employed or paid Grace and Gongaware was given an already prepared letter and just contacted Grace because Michael told him to.

    Hypothetical scenarios of cancellation or postponement of TII

    Given the remaining single claim AEG Live states that Katherine’s previous arguments of AEG could have saved Michael’s life if they postponed or cancelled the concerts are no longer relevant and should be excluded. AEG also states that according to the contract AEG could not have canceled the concerts on their own, any cancellation required Michael’s permission. AEG states they have evidence that Michael wanted the concerts to continue, he didn’t need time off and he didn’t want them delayed.

    AEG also states that Jacksons try to mention these irrelevant matters to create a moral blame on AEG and even go to the media (CNN Alan Duke’s smoking gun story) to hurt their reputation rather than litigating the case.

    Michael’s intoxication before O2 press conference

    AEG says whether Michael was drunk before O2 press conference or whether AEG knew he was drunk is irrelevant as Michael did not die from alcohol but he died from anesthesia. AEG also states that this press conference happened at least a month before they heard about Murray and there’s no evidence that Murray was at UK that time or provided him medical care before press conference.

    We also learn that Jacksons first want to exclude any possible “Michael Jackson is an alcoholic” claims but they later changed their minds.

    Murray’s character as it relates to his personal life

    AEG Live states given the 4 issues to be considered at the trial whether Murray frequented strip clubs and whether a small part of his debt was child support is irrelevant and should be excluded. (The argument here is that whether a doctor visits strip clubs on his personal time cannot be relevant to whether the doctor will compromise his oath.)

    AEG Live and AEG Inc.’s financial condition

    AEG Live states given the only claims are Murray’s hiring and there are no punitive damages in this trial to punish AEG, their financials are irrelevant and should be excluded.

    Personal relationship between Gongaware and Segal

    Gongaware meets Segal during Michael’s History tour. Segal was working for one of Michael’s tour promoters at that time. Later Gongaware and Segal have a romantic relationship. Segal never worked for AEG. In 2009 when Michael was looking for a tour manager, Gongaware recommended her to Michael and Michael who knew her from History tour hired her to be a part of MJJ Productions. AEG argues the personal relationship between Gongaware and Segal is irrelevant to the remaining negligent hiring of Muray claim. Note: Segal’s responsibilities were to arrange housing for Michael in London and arrange his travel.


  67. helena1247 permalink
    March 18, 2013 1:48 pm

    It is me, vindicatemj again. I am repeating this comment in the post where it belongs better. My home internet line crashed. They say some technical device was damaged and promise to mend by tomorrow. I feel like I am Alice in Wonderland.

    Just a short word about secondary tickets sold by AEG. Secondary tickets seem to be the main source of income for AEG in their contract with Michael Jackson as they were sold ten times (and more) as much as the face value tickets. This generated a huge income which was to be divided between Jackson and AEG. But this is only in case the shows DID take place.

    However if they did NOT take place Jackson had nothing to receive (he was to pay only). Tickets were to be refunded by AEG but at face value only, thus leaving a gross surplus in their hands. In fact even face value tickets were refunded only by half as Randy Phillips said some 40-50% ticket holders kept their tickets as memorabilia.

    Therefore AEG received huge amounts from those 50 concerts sold out. How much is impossible to know as only the official secondary price of tickets was 500 pounds minimum and that was the basic level only.


  68. helena1247 permalink
    March 18, 2013 2:04 pm

    Let me also say that under their ‘contract’ AEG was the party fully responsible for secondary tickets. They sold through Ticketmaster and Viagogo. And Viagogo sold through some other brokers whom Randy Phillips threatened to sue for some breaches.

    Viagogo positions itself as a company where individual buyers resell tickets they bought at face value – you buy from AEG at one price and then resell through viagogo at 80 times as much. I looked up Viagogo – the average price of tickets to Michael Jackson’s concerts was 3,999 pounds.

    Since these tickets are supposed to belong to individual buyers these people could sell at any price they wanted and were NOT obliged to refund. However the very fact that AEG was selling through Viagogo officially means that they offered tickets for sale en masse there, probably masquerading as individual sellers. Their basic price announced in the media was 500 pounds, if I am not mistaken.

    Media reports say that Viagogo was ready to refund every ticket, but it is impossible even in principle as most of the offers came from the so-called “individual” sellers. Who these “individual” sellers were only God knows.

    Ticketmaster later merged with Live Nation as far as I know, and AEG has now developed their own system of ticket sales replacing Ticketmaster.

    Sorry for probably misspelling some names of companies as I am speaking from memory – I am currently in a public library and cannot check up any papers.



  69. helena1247 permalink
    March 18, 2013 2:17 pm

    One more point about those secondary tickets before I go. Randy Phillips said that the share of secondary tickets (to premium front seats) was minimal. Not quite so.

    We know from Talitha, a faithful Michael’s fan who spoke to Michael himself about it, that the fans had a huge problem with obtaining tickets to the front seats. She said the face value tickets were available only to the furthest rows and EVERYTHING in the front rows was sold at very high prices they could not afford.

    Michael replied to them that he didn’t know about it – in fact he didn’t even know of the basic fact that the front seats were actually SEATS and not some space where the fans usually stand. Consequently he could not know about high prices for the front seats either. He promised to talk to his AEG partners about it.

    That conversation was in early June. This was probably when some major trouble between AEG and Michael emerged – when he really looked into what they were organizing and how.

    As far as the money goes the point we should remember from Talitha’s words is that a HUGE number of tickets were sold at inflated prices. Some of the front seats WERE initially sold to fans, but it seems that the later packages were tightly controlled by AEG.


  70. kaarin22 permalink
    March 19, 2013 3:16 am

    Very interesting,AEG.s income from the secondary tickets that sold for astronomical sums.And an income they did not need to share with Michael, as that would only happen if the concerts were actually taking place.And why do they think people were willing to pay so much for tickets to Michael Jackson.s shows.The answer is clear ,Michael Jackson.
    The man they totrured to death by psychological abuse.


  71. lynande51 permalink
    March 19, 2013 6:26 am

    Conrad Murray will not be deposed or testify in the wrongful death suit. AEG is not happy about it.


  72. lynande51 permalink
    March 19, 2013 6:29 am

    What made them think that Murray was ever telling the truth. The reason that he is appealing his case is not to get out early but have a new trial. I think he hopes that he will be found not guilty the second time around and his conviction will be overturned. If it is overturned he can practice medicine again and sell whatever story he wanted to sell to whoever wants to buy it.


  73. lynande51 permalink
    March 19, 2013 6:13 pm

    Here is a list of the Plaintiffs evidence exhibits. The ones that most interested me started on page 53 with a list of Murray’s phone calls and then his list of Credentialing. There were 4 hospitals in the State of Texas that revoked his priviledges ( meaing he couldnt see patients at hospitals.IN the phone calls I see that a Dr. Hadoung that called Murray at 12:51 PM when Michael layed there not breathing. Dr. Quan Hadoung is a specialist in pain medication and anesthesia.What did Murray want advice on what to do if he killed someone.


  74. March 23, 2013 12:13 am

    Since MJJJustice corrected me as regards Frank Dileo and him proving that he had done no wrong when trying to arrange a concert with AllGoodEntertainment, I’ve made some corrections to this post. It was my mistake and I am sorry I’ve made it.

    He was probably trying to do his best and I was unjust to him.


  75. March 23, 2013 12:44 am

    Here are the links you requested: Michael Jackson’s April 19, 2008 letter to Raymone Bain’s letter from Michael (image of Michael’s letter) :

    The AEG emails part 1 (Original L.A. Times story) :

    The AEG emails part 2 (New York Daily News; Additional AEG emails, including Grace’s termination letter) :

    The AEG emails part 3 (CNN; Alleged ‘smoking gun’ e-mail revealed) :

    Tohme Tohme’s Associated Press interview (July 2009):

    Lopsided man, it is only now that I have an opportunity to thank you for the links. I did not have the AEG emails part 2 and that is why that email from AEG firing Grace Rwaramba surprised me so much. It is incredible stuff showing how much control of Michael’s life they exercised. It also shows that AEG and Tohme wanted to cut Michael from everyone close to him who could have given him advice or in whom he could at least confide. They were isolating him.

    These emails should be thoroughly studied and found the right place in the whole picture. Now that I’ve looked through some again one thing struck me. There was one big reason why Randy Phillips did not pay attention to Ortega’s signals about Michael’s condition on June 19th – if Michael was really ill he should have been placed into hospital and this would have been a legitimate reason for cancelling or at least postponing the tour.

    But AEG did not want Michael to have a legitimate reason for any cancellations. They DID want him to cancel the tour but they wanted it to be done on their terms – so that Michael looked “lazy”, a “coward”, someone who was backing out of his obligations without having any serious reasons for it.

    In short they wanted a type of a cancellation for which they could blame Michael and derive enormous profit from it. If the tour had been cancelled for objective reasons this would not have suited AEG – such cases are beyond anyone’s control and no one is to blame for it (this is what the insurance is for).

    But they wanted Michael to cancel the tour so that they could sue him for hundreds of millions of their losses and lost profit and all the rest of it.

    This is why they were so terribly pressuring him and creating for him unbearable conditions.


  76. Dialdancer permalink
    July 31, 2013 5:19 am

    How is it this man got away wit
    h selling an art collection valued at almost one billion dollars for 87 million? Who got the 87 million?


  77. Calin permalink
    May 22, 2015 2:40 pm

    I just wanted to say one thing, Michael Jackson is, was and will be a genious, wonderfull human being, I don’t have words. But….business is business, and we all should understand that and be correct to each other, Michael was no child, he knew this business, and in this business everyone tries to fuck you. I mean, that’s life, eat or be eaten. And he agreed to those terms, they couldn’t make 50 shows if Michael would’ve said “NO”, and only 10. But he didn’t. Because he likes money, he likes to be popular, he liked all these things. So AEG didn’t look to fuck Michael up, AEG looked to not loose anything, with all these said, AEG wanted money the moment that Michael signed that paper, I know that’s not fairplay, but that’s business, they make money even if he wasn’t do this is it (which he didn’t), but I don’t see why this is not normal? I read the article, all of it. And again, I love Michael Jackson music, but let’s just be fair to each other.

    And of course 50 concers for a 50 year old man with all part of the show dancing with one day off between them IT’S FUCKING A LOT, but he knew. Or at least I can say one thing, every fight in this world, argue, has a truth on the both sides. So don’t blame AEG for all. They wanted money, just like Michael.


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