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Судебные процессы против Конрада Мюррея, иск Кэтрин Джексон против AEG Live./The Trial of Conrad Murray, Katherine Jackson AEG Lawsuit

Кэтрин Джексон против AEG Live

Re: Кэтрин Джексон против AEG Live

#801  Сообщение Lina » 02 авг 2013, 22:17

продолжение 31 июля

Panish asked if Briggs considered MJ's Sony ATV catalogue, which is one of his assets, to offset the debt.
Panish: How do you know he was in debt? Briggs: There were extensive testimony in this case about MJ's debt
Panish asked if Briggs knows that MJ had assets with value. Briggs said yes.
Panish asked if Briggs knows that MJ's asset, especially one, exceeded the amount of his debt.
Briggs said he's concerned about confidentiality agreement in answering this question.
Panish: You know, through your own knowledge, that MJ's assets far exceeded his debts when you wrote that on the sheet, don't you sir?
Judge gets mad with Strong for not stopping the objections, tells her to abide by her rulings. Strong continued, judge called a sidebar.
Briggs said he does not know that MJ had assets worth more than 300 or 400 or 500 million when he wrote his opinion .
Briggs said he had knowledge of some of MJ's asset. Panish: Did you value that asset (Sony's catalogue)? Briggs: Yes
Panish: It's well in excess of $500 million, isn't it, sir?
Briggs: I'm sorry I'm having a trouble here, but I don't want to disclose any confidential information.
Panish asked if the gross value Briggs put for the Sony catalogue is well in excess of the value of MJ's debt.
"I don't remember the number," Briggs said. "I did not believe that's the case."
Briggs: I believe the testimony the debt associated with Sony ATV catalogue was $400 million.
Panish wants to know if the gross value of the catalogue was in excess of the debt. Briggs said no.
Briggs said he performed the evaluation of Sony's catalogue many times, and his response was related to June 2009.
Briggs said he was working with someone unrelated to this case regarding the value of the Sony catalogue.
Briggs asked the judge to instruct him on what he should answer, since Panish wants to know who he was working w/ regarding the catalogue.
Panish: Do you have a conflict of interest in this case? Briggs: No P: Have you been clear about your company to testify? B: Absolutely
Briggs said he's not comfortable disclosing the names of the companies that hired him before. Judge Yvette Palazuelos ordered him to answer.
Briggs: In one particular case, a law firm hired us. It was in late 2009, after Michael Jackson had died.
Panish asked if before MJ died if any law firm hired his company to assess MJ's assets. Briggs said he doesn't recall.
Regarding this asset, the Sony ATV catalogue, Briggs said he worked on evaluating it between 5-10 times.
Briggs said he provided his opinion in those engagements, 5 to 10 times, before MJ died, to 3 or 4 third parties.
Panish: Was one of them Sony? Briggs: Yes Sony ATV Music Publishing was one of the companies, not Sony music, Briggs said.
Fortress Capital -- Briggs said it was another company. He recalls law firm and there may have been financial companies.
Panish: Goldman Sacks? Briggs: It's possible, I work on hundreds of projects a year.
Panish: Goldman Sacks hired you regarding MJ, right sir? Briggs: I don't recall specifically.
Briggs never performed an audit for a record company.
Briggs said he watched the testimony of Meglen in the overflow room. He was accompanied by 3 AEG attorneys.
Panish asked if Briggs worked with MJ before being retained in this case. He said yes and that he discussed it with AEG.
Briggs testified AEG didn't see the work done in previous engagements as conflict of interest.
Briggs said that what was more important to him is what FTI's general counsel thought and they determined there was no conflict of interest.
Briggs said he had engagement agreements with a number of entities related to MJ.
"I went one step further and told them (AEG) I would not be discussing anything regarding my other work," Briggs said.
Panish: Who did you call, have sign waiver in writing about a potential conflict of interest? Briggs said there wasn't anything in writing.

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Re: Кэтрин Джексон против AEG Live

#802  Сообщение Lina » 02 авг 2013, 22:26

продолжение 31 июля

"My recollection was the attorneys for the Estate of Michael Jackson," Briggs testified. He said a call took place, doesn't know who called.
Briggs was retained on February 8, 2013. He spoke with Jeryll Cohen from MJ Estate and she okay'd him to testify as witness in this case.
She was well aware what was going on and approved it. Briggs said he told her he had no interest in sharing the work done for the Estate.
Briggs said he spoke with Cohen again about two months ago, and she acknowledged his work on this case.
Briggs receives a salary and bonus based on performance of the division.
FTI is a public traded company. Briggs said he thinks the company was approaching $2 billion in revenues last year.
Briggs testified he saw testimony that MJ had one life week to live after June 25, 2009, the day of the artist's death.
Panish said Dr. Shimelman testified MJ's life expectancy was one week based on Dr. Murray's treatment of him.
Briggs: I believe his statement was MJ's life expectancy was one week, and he was taking into effect a lot of things: Dr. Murray, drug use
Panish: Are you aware that IRS is investigating the people who hired you and undervalued Sony ATV catalogue? Objection: Sustained
Dr. Earley said MJ was essentially playing Russian roulette in the way he was using drugs, Briggs said.
Panish: Dr. Murray was a big risk to MJ's health, wasn't he?
Briggs: I wasn't focused on the risk, I was focused on a doctor assessing a record after the fact.
Panish asked if Dr. Murray was a risk to MJ's health.
Briggs: It appears in determining his life expectancy Dr. Shimelman took in consideration Dr. Murray.
Panish: If Dr. Murray isn't in the question, there's no risk, right, sir?
Briggs: There are all kinds of risks, like risk of relapse, risk of the manner he's taking the drugs.
Briggs: This is not my opinion, I'm not a doctor, I was relying on Dr. Shimelman's testimony (about one week to live).
Briggs' note says Dr. Shimelman -- Die any night Briggs: Dr. Earley said the way MJ was taking drugs was like playing Russian roulette.
Panish: Isn't it true Dr. Earley never blamed MJ for his addiction? Briggs: That's what I recall from the testimony.
Briggs: I was asked to assess forecast earnings, not blame.
Briggs: To a lay person, Dr. Earley's testimony that MJ was playing Russian roulette is talking about life expectancy.
Panish said Dr. Earley wasn't asked to opined on MJ's life expectancy. Briggs read Dr. Earley's deposition and that's what it reads.
Briggs: Just to be clear, I can't assess anyone's life expectancy.
Briggs said he relied on AEG's attorney to give him all the relevant materials related to what he's been asked to opine.
The expert said he didn't review MJ's autopsy report, since he has no ability to read it.
Briggs said one of the experts he reviewed stated the normal actuary doesn't apply to MJ's life and behavior.
Briggs relied on Dr. Earley's testimony. He was unable to give a life expectancy to MJ because he wasn't hired for that.
Dr. Shimelman said if Dr. Murray remained in the picture, MJ would live only another week.
Dr. Schnoll said MJ could've been treated by a fit and competent doctor and remove the risk.
Briggs: Dr. Shimelman stated a life expectancy of one week, I don't know how someone could perform for 9 months.
Panish: AEG thought MJ could do 50 shows, didn't they, sir?
Briggs: AEG had a plan for 50 shows, they had a budget for 50 shows, they were interested in doing 50 shows.
Panish asked who was more knowledgeable in concerts, if Briggs or Paul Gongaware. Briggs responded it depends which aspect of the business.
Panish: Did AEG ever hire you to see if the show would happen or not? Brigss: AEG did not hire me before February of this year.
Panish: Was AEG fraudulently selling tickets for the shows? Briggs: I can't opine on that, I'm not an expert in fraud.
Briggs: If I were hired, I'd have told my opinion that it's speculative that the 9 months would have been completed.
"It appeared they (AEG) believed the shows would've gone forward," Briggs testified.
Panish asked if AEG only hired him 3 and half years after MJ was dead. Briggs said yes.
Panish: Live Nation hired you to assess concert and feasibility? Briggs: No
Judge then adjourned trial until 9:45 am PT tomorrow. Attorneys ordered at 9:30 am to discuss trial issues with the judge.
Next potential witnesses: Randy Jackson (via video depo), Michael La Perruque (MJ's former head of security), Debbie Rowe, Rebbie Jackson
For all the latest, watch our newscasts @ABC7Courts or http://www.abc7.com . We hope to see you tomorrow for full trial coverage!

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Re: Кэтрин Джексон против AEG Live

#803  Сообщение Lina » 02 авг 2013, 22:31

продолжение 31 июля

Briggs had some talking points he wrote on a paper and he said Dr. Shimelman testified MJ would've die any day.
And that's, according to testimony, is because MJ was under the care of Dr. Murray. I hope this makes sense.
Very true, but we love the challenge to bring you all the testimony in a fair and impartial manner. ;-)
You're very welcome!
I'm sorry, bad typo. Dr. Shimelman testified MJ had one week to live in the hands of Dr. Conrad Murray.
Thanks for the compliment. Will keep working hard on it!@ ;-)
Hello from the courthouse in downtown LA. Day 60 of Jackson family vs AEG trial to get underway soon.
Attorneys and judge are discussing future testimony and what will be and won't be allowed to come in.
Defendants' retained expert witness, Eric Briggs, will resume cross examination once trial begins today.
AEG's attorneys expect to call Michael La Perruque, former head of MJ's security, to testify next.
Rebbie Jackson is also expected to testify this week, but she's sick. Randy Jackson will testify via video deposition.
Also coming soon to the stand is Debbie Rowe, the biological mother of two of MJ's children and a nurse who treated the artist.
We'll bring you all the details of today's testimony as soon as we can. Remember, judge does not allow live tweet.

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Re: Кэтрин Джексон против AEG Live

#804  Сообщение Lina » 04 авг 2013, 14:51

1 августа

Eric Briggs was back on the stand. Brian Panish did cross examination. Katherine Jackson was present in white jacket with green leaves.
Panish asked Briggs who he contacted at the Estate of Michael Jackson to waive potential conflict of interest.
"I believe FTI checked for conflict of interest," Briggs said. He said he received a form and the conflict of interest check was marked.
The expert said he doesn't know who made the call to the Estate, if it was him or his partner.
Briggs: As far as I'm concerned, everything I've done for Estate and everything I've done on this matter have nothing to do with each other.
Panish: Sir, did you testify you discussed the potential for a conflict of interest with AEG's attorneys?
Briggs: I never viewed it as a potential conflict of interest, I don't think I characterized it that way.
"I discussed my previous engagements with O'Melveny & Myers," Briggs said.
Panish asked which lawyers Briggs discussed at OMM the potential for conflict of interest. He said Sabrina Strong and perhaps Jessica Bina.
Briggs met with AEG's lawyers for about 15-20 minutes yesterday and another 15-20 minutes this morning.
Panish: Yesterday, you said you met with Ms. Cohen (attorney for the Estate), correct? Briggs: Yes
Panish: Did Ms. Cohen say to you she waived any potential conflict between you, FTI, and the Estate of Michael Jackson?
Briggs: Ms. Cohen did not say that
Panish asked if Briggs called Ms. Cohen to talk about the potential conflict of interest before his deposition. He said he doesn't recall.
Panish: Did you ask Ms. Cohen to waive any potential conflict of interest? Briggs: I did not ask her that specific question
Panish asked Briggs if he's produced his time records related to this case. He said he turned the subpoena to FTI's general counsel.
Panish: Has any attorneys for AEG told you that the court issued an order to you to produce your time records forthwith (immediately?
Briggs: No, my recollection is that the document was a subpoena
Panish tells Briggs there's a signed order to produce his time record in this case. Briggs asked to see it, since he doesn't have it.
Panish showed several bills from FTI for Briggs without itemization of the work done. They are for $55,000, $189,000, $123,000, $155,902.
Panish points out there are two employees just out of school earning $350/hr. He asked where their time sheets were.
"You'd expect someone working for that kind of money would produce records of what they worked on" Panish asked. Briggs said he doesn't know
Panish: Does your company check the time worked before submitting bill to a client?
Briggs: I understand there's a check system in place, but I don't know how it works.
Panish asked if Briggs' company has a billing department and itemization of work done. He said yes to first, doesn't know the second.
Panish questioned Briggs, extensively, about all the bills FTI submitted and if he knew the specific work performed for each bill.
"My opinion is that it's speculative he would earn any money working," Briggs opined.
Panish: Your opinion is that MJ wouldn't earn a dime for future work? Briggs: Yes, taking the consideration the risk factors we know today
Briggs: MJ's ability to secure endorsements from financial companies would be impacted by negative headlines associated with his debts
Panish asked if Pepsi, Nike, Red Bull, soft drink companies are financial companies. Briggs said no.
Briggs said that in matters he bills clients by the hour, he's always charged $800 per hour. Other possibility is to charge flat fee.
The expert clarified that he probably didn't charge $800/hour in the beginning of his career.
Panish asked Briggs if he was aware of anything that AEG did specifically to assess MJ's health.
In his deposition, Briggs said he does not know anything specifically that AEG did to assess MJ's health.
Panish asked if Briggs included merchandising revenue in the chart he made. Briggs said Erk testified the numbers included merchandising.
Briggs conceded he doesn't know independently whether the merchandising revenue is included in the numbers.
"I was absolutely comparing apples to apples," Briggs said.
Panish asked if U2 360 had 97,000 people at the Rose Bowl. Briggs said U2 was a 360 degree and they were able to fit a record crowd.
Panish inquired about Meglen's testimony saying 97,000 people was not true. Briggs said he doesn't think that's what Meglen testified.
Chart: 3- AC/DC -- 167 shows, $91, average 29K people 4- Madonna -- 85 shows, $115, average 42K people
MJ's HIStory tour averaged 55K people, average ticket was $37, which is one third of U2's ticket price.
The last MJ show was about 10-12 years prior to U2. U2 averaged 66K people.
Panish did this calculation: 55k (average of MJ's audience) x 186 shows (Gongaware's plan) x $108 (average TII ticket) = $1.1. billion
Panish: $108 ticket price times 55 thousand people times 186 shows, hows does that come out sir? Briggs: That is roughly $1.1 billion
Panish asked if there were drug use allegations regarding The Rolling Stones and AC/DC members.
Briggs said yes, there were headlines about it. Panish asked if it was the same headlines Briggs referred to about Michael Jackson.

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Re: Кэтрин Джексон против AEG Live

#805  Сообщение Lina » 04 авг 2013, 15:07

1 августа продолжение...

Briggs said MJ's drug use he analyzed was based on testimony in this trial, not tabloid headlines.
Briggs: Yes, I think AEG wanted to go on a worldwide tour with Michael Jackson.
Panish: How many concerts did Gongaware estimated to do? Briggs: In Sept 2008, prior to an agreement with MJ? Panish:
Yes Briggs: 186
Panish inquired if Dr. Shimelman testified that without Conrad Murray MJ would have had a normal life expectancy.
Briggs: What he said is that he was not able to offer a statement with the doctor out of the picture and that is significant.
Panish asked if Dr. Earley said MJ should no be to blame for his addiction. Briggs said yes, but said addicts should take responsibility
Briggs agreed that AEG entered into a 3 year contract with Michael Jackson.
"There was wide spread media coverage, over the years, of MJ's drug usage," Briggs said.
Panish: You'd expect AEG, someone in the business, to know about MJ's drug use Briggs: I'd generally expect they'd be aware of the headlines
Panish compared Briggs to an armchair quarterback after the fact, issuing opinion after the fact.
Briggs: My opinion, of course, is more informed than the one made at the time
Panish: Did you know AEG paid a medical doctor to exam Michael Jackson, yes or no?
Briggs: No
Panish: Did you know AEG paid money to have Dr. Slavit to check Michael Jackson?
Briggs: I din't have that specific knowledge
"There was a physical on MJ in the beginning of 2009," Briggs said. He added he doesn't know who hired the doctor and who paid him.
Briggs said he recall reading about MJ getting a physical and that everything was fine.
Briggs: My information is that the physical was passed and that there were no significant issues.
Panish: In your opinion that MJ wouldn't complete 50 shows, u didn't consider Dr Slavit?
Briggs: I don't know if I reviewed it prior to depo
Panish: Were you aware coroner said MJ didn't have any medical problem at the time of his death that would've his life expectancy reduced?
Briggs: I don't recall that specific testimony, my knowledge is that the coroner's report was introduced through doctor testimony.
"My opinion is based after the facts, what we know today," Briggs testified.
Panish asked how many Dangerous shows were canceled. Briggs said in his opinion is between 3 to 10. He said he did research about it.
Panish wanted to know why Briggs didn't bring the documents he relied on regarding the cancelation of the Dangerous tour.
Panish asked the judge to admonish Briggs to answer the questions several times throughout the morning.
When attorney asked the judge again, judge said: "I keep advising him, but..."
Panish: How old were you in 1993?
Briggs: About 17-18
Panish asked how many shows MJ performed in his career. Briggs said he doesn't know for sure, thinks it's 270 approximately.
Briggs said he cannot tell Panish what each specific bill means in terms of itemization of work done.
Panish asked if there's any document detailing the time spent on the task and who did what regarding this case.
Briggs: To my knowledge, that information does not exist.
Panish wanted to know what type of time calculation software FTI uses. Briggs said he doesn't know.
Briggs testified he doesn't know if his company has been paid or not.
Briggs said in terms of actual dates, approximately 1.4% of the Dangerous shows were canceled.
Briggs reviewed Tom Barrack's testimony. Panish asked if Barrack said if MJ wanted to he could earn $500 million a year.
Briggs said no.
Barrack runs Colony Capital, an investment company. It's a multi-billion dollar entity.
Panish showed deposition of Barrack with interview saying MJ was a guy who could make $500 million a year if he put his head to it.
Panish: Barrack wanted to invest in Mr. Jackson and do work with him in the future, right, sir? Briggs: Yes
Panish: Government has stated one MJ asset is worth twice his debt, isn't it, sir?
Briggs: The only information I have in that respect is from attorneys of the Estate of Michael Jackson and I'm concerned w/ confidentiality
Panish: You' are well aware the value of one asset is doubled any debt he had, isn't that, sir?
Briggs: The only information I received in this regard came from lawyers of the Estate of Michael Jackson.
Briggs: They hired us to perform work related to Sony ATV catalogue as of the date of MJ's death.
Panish argues there's no attorney-client privilege,and Briggs should be ordered to answer.
Briggs said he only learned about what he knows of what the government claims regarding Sony ATV catalogue from the Estate.
Judge and attorneys extensively argued whether Briggs has attorney-client privilege with the Estate of Michael Jackson.
Judge to the jurors: Now you know what we do in chambers. That's the stuff we argue about.
Panish asked if MJ paid for Katherine Jackson's bills and expenses. Briggs said he doesn't recall the specific comments.
Panish asked if MJ bought his mother a $500,000 motorhome. Briggs said he doesn't recall.
Panish wanted to know if Briggs reviewed all the relevant documents in this case. He said the attorneys gave him documents, he asked others
Briggs identified 3 primary risks: - Health/medical experts - Projects falling through/cancellations - Industry/precedent
Panish asked where Dr. Murray was in the risk. Briggs said he did not take Dr. Murray into account.
Panish: What's Madonna's cancellation rate?
Briggs: I don't know
Panish mentioned U2 canceled shows for Bono's back surgery, Madonna canceled show to be with her family, Guns N'Roses canceled and returned.
Panish asked about Eric Clapton and Van Halen's cancellation of shows. Briggs doesn't recall how many were canceled.
Panish said Briggs got his information from articles out of the internet.
Panish: All of these information, someone in 6th grade would be able to get the same exact information off the internet, correct, sir?
Briggs: They may have the same information but the interpretation is absolutely different.
Panish: Are you saying all these people are risks and no one should do business with them?
Briggs: I didn't say that
Panish asked how many shows AEG does in a year. Briggs said he doesn't know.

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Re: Кэтрин Джексон против AEG Live

#806  Сообщение Lina » 04 авг 2013, 15:29

1 августа продолжение...

Briggs estimated hundreds, perhaps thousands shows happen in a year around the world.
Panish: Did you take in consideration Randy Phillips and Dr. Murray had shared responsibility to get MJ into rehearsal? Briggs didn't recall
Panish showed email saying Phillips and Dr. Murray were responsible for for getting MJ to rehearsal. Briggs said he doesn't recall it.
Briggs said that sometimes his clients don't follow their advice. "Our advice is not always right," the expert said.
"The truth of my opinion has nothing to do with how much we're being paid in this case," Briggs testified.
Panish asked what specific work Matthew did. Briggs said he researched cities Erk said concerts would take place, audience capacity, arenas
In deposition, an attorney asked Briggs if he performed specific calculation to demand in India for a MJ show in 2009-2012.
Briggs said he did not nor was he aware of any material to enable them to make projections about India.
Panish: Do you agree Mj could have toured?
Briggs: Had he lived, it's possible
Panish: Could Mr. Jackson make movies? Briggs: Yes
Panish: Could he have acted in movies?
Briggs: It's possible, sure
Panish: How much actors get paid for good movies?
Briggs: It vary from a few million to many millions of dollars
Panish: MJ could have made records?
Briggs: Yes, it's possible
Panish: Could he have done tours?
Briggs: Yes, it's possible
Panish: Could he have been involved in movies?
Briggs: Yes, it's possible
Panish: Could he have gotten endorsements?
Briggs: Yes, it's possible
Panish: Could he have sold merchandise?
Briggs: To the extent the shows happened, it's possible
Panish: Could he have done a residency shows in Las Vegas?
Briggs: It's possible
Panish: Did you look into MJ having a residency show with Celine Dion?
Briggs: I'm not aware of that
Katherine Jackson stated that Michael Jackson didn't want to be moonwalking at 50 years old, Briggs said.
Panish: Did Ortega testify he discussed with MJ going on a worldwide tour and going to India?
Briggs: I don't recall that in trial testimony
Panish asked if Ortega testified that he wanted to do films with MJ and wanted to be involved in anything Jackson related.
Briggs said yes.
Panish inquired if Taj Jackson also testified about MJ wanting to do movies.
Briggs answered yes.
Panish asked about album "Thriller 25" released in 2006 or 2007. Briggs said he concentrated on MJ's brand new albums in his chart.
"I would describe it (Thriller 25) as successful re-release," Briggs said.
Panish asked how many people "Q" score company surveys. Briggs said he thinks they measure about 1800 people. Panish said it's 1400.
Briggs said the "Q" scores measure people in the US. Panish asked if it were measured around the world. Briggs said there wasn't available.
Panish: All you have is 1800 people surveyed across the United States?
Briggs: That's correct
"The "Q" score was not relevant to ticket sales" Briggs said. Panish asked how the ticket sales went in London. Briggs responded "very well"
Panish: Mr. Gongaware had no concern that Mr. Jackson could do 50 shows, correct?
Briggs: With the information he had, it appeared that way
Outside the presence of the jury, attorneys and judge discussed about what Briggs recalls regarding Gongaware's testimony.
Judge: It seems like he doesn't recall, or doesn't want to recall, the testimony.
Panish: The IRS has called into question what this witness is trying to say. The Estate never gave witness waiver to testify in this case.
Panish: He never had permission, never had waiver. I believe the true facts will show he didn't contact Ms. Cohen until after his deposition
Panish: There's no privilege regarding the value of ATV catalogue being double the amount of MJ's debts.
Panish: His credibility is seriously at issue here, there's no privilege whatsoever.
Bina: Briggs said he believes debt aspect would make MJ not appealable to endorsements.
Bina: Ackerman has analyzed in great detail MJ's spending, debt. She said her understanding that conflict of interest has been waived.
Bina: The government and his company may have a different understanding as to the catalogue value.
Judge: What kind of investigation is that?
Putnam: We don't know, we can't ask.
Judge: What kind of investigation is that?
Putnam: We don't know, we can't ask.
Panish: They want to show he was destitute and had not money.That's not true, he could've spent money for 30 years and still not be in debt.
Bina: He cleared the engagement for work on this case, not the debt. Judge: It sounds pretty suspicious to me.
Bina: It doesn't matter whether MJ was in debt (for endorsement), but the negative perception he was in debt was sufficient.
Boyle: He said that the value of the ATV catalogue was less than the debt. And that's not true. He knows it's not true.
Boyle: According to the IRS, it's much higher than the debt.
Judge: I don't understand him claiming privilege as to what the IRS says the value of the catalogue is.
Panish asked if Briggs has done extensive work regarding the value of Sony ATV catalogue.
Briggs said yes, for Goldman Sachs; Sony ATV, not corporate; Fortress Capital; Estate of MJ; Law firm in 2007.
Briggs said it's all in connection with the evaluation of Sony ATV catalogue. The expert said he gets rehired some times.
Briggs has given valuation opinions in writing, which is easily accessible.
Briggs: The work was performed after MJ's death, but the valuation is of date of death.
Panish: You don't consider IRS putting into question your work a major problem?
Briggs: IRS review about valuation is very commonplace, specially in large estates.
Judge: It sounds like you have info not subject to privilege, with other companies that ordered the valuation.
Panish: He put a very low value on the catalogue and said it is less than MJ's debts, when the IRS valued it twice.
Panish said the value ranges from a billion to 8 billion dollars. He knows the IRS has given much higher value, the attorney argued.
Perry Sanders: the other side could stipulate there's another valuation that says the Sony catalogue is almost 2 times the debt.
Bina: The problem is that we don't know the answer, we don't know that to be true.
Panish asked if Briggs has been subpoenaed by IRS. He said he's not aware.
Briggs: I understand the IRS is in discussions with the Estate.
Judge said to get the Estate lawyer in court to see if there's a waiver.
Panish: If Briggs said something that's not true, it goes against his credibility.
Bina said MJ' business manager said MJ had no ability to borrow money and had no money at time of death.
Panish: That's not true! He didn't know how much catalogue was worth, had $6 million in an account that Tohme was holding, so he had money.
Jury then entered the courtroom. Testimony resumed.
Panish asked Briggs if he knows the average ticket price for MJ's show was $108. He said it's approximately right.
John Branca is a prominent entertainment attorney. Briggs said he was brought back around the time MJ died.
Briggs doesn't recall Branca saying he believes MJ could have done the 50 shows.
Panish: All you remember is the things that were against MJ?
Briggs: My opinion is not against MJ.
Panish asked if Briggs noted anything positive that Branca said regarding MJ's ability to make money. He said he doesn't believe he did.
Briggs: The positive I knew quite well, so there's no notes to that, the positives were apparent.
Briggs said the points in his outline is to support his opinion, since the positive things he already knew about.
Briggs said he reviewed Shawn Trell's trial testimony of 4 days but does not recall anything he said that was relevant to his opinion.
Briggs said the figures below are for ticket sales and merchandising:
Prod 1 -- $94 million
Prod 2 -- $107 million
Briggs said there's a non-appearance insurance on the budget. Lloyds of London charged $450,000 for the premium.
Panish: How much did the pay out was?
Briggs: I have no idea
Court adjourned until tomorrow at 10 am PT. Attorneys ordered at 9:45 am PT to discuss conflict of interest.
MJ's estate attorney Howard Weitzman to appear as well.
Next witnesses Eric Briggs Michael La Perruque (former head of MJ's security)
Barry Seagal (MJ financial advisor to talk about his spending)
For all the latest watch @ABC7 and http://www.abc7.com . We hope to see you tomorrow for complete coverage. Have a great night everyone!

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Re: Кэтрин Джексон против AEG Live

#807  Сообщение Lina » 04 авг 2013, 15:44

2 августа

Hello everyone! Busy day at the courthouse today! Day 61 of Jackson family vs AEG trial, Week 14, has concluded.
Eric Briggs was back on the stand, resumed cross examination. Jacksons' attorney, Brian Panish, did the questioning.
Katherine Jackson was present in court, wearing a navy blue jacket with white dots.
Panish asked if independent appraiser hired by the IRS valued Sony ATV catalogue between 100 and 300 million. Briggs said "that's correct."
Panish: And that Mr. Jackson had more assets, this was just one of them and it was valued 100 to 300 million in excess to the debt, correct?
Briggs: I understand there were other assets.
Panish said MJ had his own music catalogue, in addition to the other assets. Briggs agreed. The value was just for the Sony ATV catalogue.
Panish showed a chart with MJ's "Net" Earnings from Tours. Briggs said he relied on Paul Gongaware's statement saying "Dangerous" lost money
Panish said Gongaware is one of the defendants in this case. Briggs said he relied on his testimony.
Panish: You'd expect he would know what was going on, right, sir?
Briggs: I'd expect he had information that supported that statement
Panish asked what was Gongaware's involvement in "Dangerous" tour.
Briggs said he believed he was involved in the production of the show.
Panish: Did Mr. Gongaware deal with the artist in the tour?
Briggs: They are dealing with many different factors, including the artist, MJ.
Briggs: I understood he was involved in the production of the show and had knowledge to make that statement.
Panish: Did you know MJ went into rehabilitation?
Briggs: I know he ended the tour and entered a rehabilitation.
Briggs said he cannot speak to specific knowledge of what Gongaware had. The expert said Gongaware made it very clear the tour lost money.
Panish: Just a fact that he made the statement was good enough for you to rely on?
Briggs: I did not check the veracity of the information. I relied exclusively on his statement.
Panish: How do you know "HIStory" broke even?
Briggs: I relied on Paul Gongaware's statement.
Panish asked if Briggs knew how much money MJ donated to charity from that tour. He said he doesn't know.
Panish: Did he give it to orphanages in India during that tour?
Briggs: I don't recall that specifically.
"My recollection was non-profit organization established and there were conflicting headlines as to what was going in entity," Briggs said.
Briggs doesn't know how much money MJ donated from the "HIStory" tour.
Briggs said he met Gongaware at the AEG's lawyers office.
Panish: Where you there meeting with the lawyers?
Briggs: Yes
No one told Briggs that he shouldn't ask Gongaware questions. Panish asked if he spoke with Gongaware about this case.
Briggs: Our discussion was very high level, we spoke about the industry, friends in the industry, generic subjects.
"It was speculative whether the world tour would happen," Briggs said.
Panish asked if mattered that there was no agreement beyond the 50 shows, since w/ agreement, it would be speculative in his opinion anyway.
Briggs: I disagree with your logic, the lack of agreement supports my opinion that it is speculative that the world tour would happen.
Briggs said MJ's history of drug use, long-term effects, and that he was taking drugs in a very dangerous way shortened his life expectancy.
Panish asked what "great prognosis" is. Briggs said it means that someone is partaking in actions that's very dangerous.
Briggs testify Dr. Earley said MJ's drug use was like playing Russian roulette.
Panish: Who put the bullets in the gun?
Briggs: I believe he said it wasn't an appropriate question.
Panish: The witness wants to argue with me and not answer the quesitons.
Judge: He's answering the questions.
Panish asked what was MJ's cancellation rate for shows.
Briggs said he doesn't know for certain.
Performance risk is whether people would come 2 the show, Briggs said. Panish asked if there was any question people would show for TII tour
Briggs said no, that there was testimony they could've done at least 100 more shows based on demand.
"This It It" tour: Panish: Was there a plan to do O2 shows?
Briggs: Yes
P: Was there an audience?
B: Certainly
P: Was there finance?
B: Yes
Panish: So all the factors were met for the O2 shows?
Briggs: Yes
World tour: Panish: Was there ever a plan, in writing, from Gongaware for world tour?
Briggs: If you're referencing the Sept. 2008 plan, yes
The proposal reflected 186 shows, Briggs said. "It appears, based on exhibits I reviewed, that proposal was sent to Mr. Anschutz."
Briggs said he recalls Gongaware testifying they wanted to go on a world tour after O2 shows.
Panish asked if Briggs reviewed MJ's lawyer, Dennis Hawk, testimony that MJ was planning to go to Asia on tour. He said yes.
Panish: Do you recall Mr. Hawk testified that MJ would get $400 million?
Briggs: Tried to, yes, that's what he hoped.
"He described that as his hope, yes," Briggs said. "He described as hope, not intention."
Panish asked if Hawk testified he had no doubts MJ would complete the shows successfully.
Briggs said the word successfully was in the question, and that Hawk answer "no, I have no doubts."

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Re: Кэтрин Джексон против AEG Live

#808  Сообщение Lina » 04 авг 2013, 16:07

2 августа продолжение...

Regarding Kenny Ortega, Panish asked if MJ told Ortega that they were going on a world tour, asked 'Have you ever been to India, you must.'
And MJ continue to tell Ortega that after completing the O2 he wanted to take the show back out and around the world.
"Whatever you're doing, you have to come to India' MJ told Ortega and then he said 'Have you ever been to Japan?'
Ortega testified that after that, MJ was going to hang his hat up as touring artist and wanted to transition to do movies.
Panish: After the world tour, sir, isn't that true?
Briggs: I don't recall the sequence of events Panish showed Ortega's deposition.
Panish: Your interpretation of Ortega's deposition is that he's not going on tour?
Briggs: He states here very clearly he had hopes.
"That someone hopes that something is going to happen it doesn't indicate it will happen," Briggs said.
Panish asked if Briggs saw Paris' testimony that they were going on world tour.
"I believe I considered her testimony, but her testimony was not a foundation or basis for my opinion," Briggs testified.
"I understand Mr. Gongaware expressed same intention, and I relied on that," Briggs explained.
Briggs said Gongaware had intentions based on what he knew then, not now.
Briggs testified the range for merchandise is 5-15%. The budget had approximately 7-8% of total revenue tour in merchandise.
Panish's calculation: 186 shows x 55,000 people x $108 ticket = $1.1 billion x 7.5% merchandise = approximately $1.2 billion total.
Judge: Mr. Panish, why are you gesturing me?
Panish: Ms. Strong is making faces at me, I didn't want to say anything. Jurors groaned...
Strong: There has been many misrepresentations against me and my colleagues.
Judge: I don't think making faces is something I should even have to acknowledge it. Just ignore it. Panish concluded his cross examination
Sabrina Strong did re-direct. Sony ATV catalogue contains Eagles music in and countless others, Briggs explained.
"I performed significant amount of work regarding Sony ATV catalogue over the last 5-10 years," the expert said.
Michael Jackson and Sony corporation own the catalogue 50/50 each.
Strong: Why were you so uncomfortable answering the questions regarding the Sony ATV catalogue?
Briggs: Because I am under confidentiality agreement with various companies I worked for related to valuation of Sony catalogue.
Briggs said he takes the confidentiality agreement very seriously and didn't want to violate them.
During deposition, Briggs said he told Jacksons' attorneys that he would not disclose the value of the catalogue to any of the sides.
Strong: You're not here as expert to talk about Sony catalogue?
Briggs: That's correct, it had nothing to do with the conclusions of my work
Briggs: We project future income from songs, assess that income to figure out how much the catalogue was worth.
Briggs performed work for Sony ATV, various lenders and investors, like Fortress Capital, and the Estate of Michael Jackson.
Briggs said he has a confidentiality agreement with the Estate of Michael Jackson and other companies he worked for.
Briggs said he cannot disclose any information regarding the catalogue unless directed by the court.
Strong: At the instruction of the judge, you told us values of Sony catalogue, right?
Briggs: Yes.
Strong asked when MJ Estate attys hired him to valuate the catalogue. Briggs said the work was done in 2010 for the value as of MJ's death.
The evaluation was done based in the piece that belonged to Michael Jackson, which is 50%, Briggs said.
Strong: What did you value the catalogue? There was an objection, since he didn't answer that before.
Kevin Boyle: IRS valuation for MJ's part of the catalogue was in excess of MJ's debt by range of $100-300 million.
Testimony is that MJ's debt was $400 million plus range= $500-700 million for MJ's part alone, about $1.4 billion for entire catalogue.
Strong: And your valuation was less than the debt? Briggs: That's correct.
Briggs said his valuation was roughly in line with what MJ owed. Briggs knows who the person doing the appraisal for the IRS is.
Strong: Do you believe you undervalued the catalogue at the date of debt?
Briggs: Absolutely not.
Briggs said his firm always used the same techniques to assess risk, and his valuation was used in loans and plans.
Briggs said people were listening and transacting based on his numbers.
Boyle: The witness has no problem of breaching the confidentiality when Ms. Strong is asking the question.
Judge: He's not breaching it, he's looking at me for instruction. If I say he needs to answer, he needs to answer.
Strong: Why there may be a difference in your valuation and the IRS? Briggs said there are many reasons, two significant.
One of which has to do with subject of control, Briggs said. If one party can control a business their share is worth more.
Briggs: If there's a party that doesn't have control, they have to sit there as victims. It's how you interpret control.
Briggs said the other is limitation on selling/monetizing. If someone owns part of something, entered into rules, it's not worth fair share.
Because you're restricted, you can't do things freely, Briggs said. That's the difference between his valuation and IRS' valuation.
Strong: MJ had control issues?
Briggs: Generally speaking, yes.

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Re: Кэтрин Джексон против AEG Live

#809  Сообщение Lina » 04 авг 2013, 16:19

2 августа продолжение...

Briggs: MJ had limitation to sell or borrow against it. His ability to sell it brings the value down.
Strong said there were testimony that MJ was no longer able to borrow against that asset. Is that consistent?
Briggs said a number of business managers made reference of MJ's financial situation.
"I do not believe I undervalued that asset," Briggs testified.
Strong asked about conflict of interest in this case. Briggs said he participated in the process of checking whether a conflict existed.
Strong: There's no conflict because that work was not related to this work?
Briggs: My specific opinion in projecting income for MJ had he lived, what he would've earned.
Briggs: Everything regarding the catalogue had nothing to do with MJ's ability to make money working.
Briggs said Sony ATV catalogue has the Beatles songs in it, Willie Nelson, others. It's an investment, doesn't event have MJ's music in it.
As using debt as factor in his opinion, Briggs said he meant it in relation to endorsements.
The perception that MJ had debts could infringe his ability to, for example, go to Citibank, ask money for the tour, Briggs said.
Briggs: The unfortunate perception in the media, it had nothing to do whether he did it or not.
Strong asked why Briggs mentioned the molestation trial if MJ had been acquitted.
"Because we live in a world, unfortunately, that headlines created a perception. And that hurts endorsement deals," Briggs said.
After lunch, AEG called their next witness out of order, Michael LaPerruque. He is unavailable at other times.
Atty Marvin Putnam did the questioning. He asked if LaPerruque met with attorneys from defense and plaintiff prior to testimony. He said yes
Putnam: Are you rooting for either side?
LaPerruque: No, I'm not rooting for any side
LaPerruque: I'm a security specialist, provide security for high profile people, celebrities, estate. I worked for Michael and Janet Jackson
MJ hired LaPerruque 5-10 times in the Summer of 2001. He was hired full time in December 2001 and was under employment until 2004.
First full time gig in private security was in December 2001. He was with the Sheriff's Department prior to that for 22 1/2 years.
Putnam asked if LaPerruque was trained to identify people intoxicated. He said yes, he attended drug intoxication courses.
Earlier in the summer/01, while still at the Sheriff's Dept, LaPerruque said man with MJ security asked for help at the Universal Hilton.
LaPerruque stayed at the Universal Hilton, there was a room for him. MJ and the children, nanny, personal security team were there as well.
The nanny would call him if they needed anything for MJ or the children.
MJ was shooting short film at the lot, so LaPerruque was asked to provide security some times.
He went with MJ to NY to provide security at 30th anniversary of Madison Square Garden.
In December 2001, LaPerruque was asked to be full time and head the security of Michael Jackson. For the NY trip, LaPerruque used vacation.
Putnam: Is it fair to say you quit your job with the Sheriff's Department to work for Michael Jackson?
LaPerruque: I retired.
LaPerruque was in charge of Mr. Jackson's protection and the protection of his children. He consulted regarding Neverland security.
LaPerruque: Anytime MJ stepped out of the property for extended period, going to LA or around the world, I was activated to accompany him.
LaPerruque never lived at Neverland Ranch. Putnam: Was there a period of time he was with a doctor on a daily basis?
LaPerruque: Yes
LaPerruque: He would have a physician present, also when we would go out and were staying somewhere he'd have me call a physician.
LaPerruque: We would get to a hotel and he would ask me to get the hotel physician.
LaPerruque: I would go down to the concierge and ask if they had doctors they work with and get recommendation.
LaPerruque would call the doctor. He said MJ complained about back pains, but he didn't ask every single time what the complaint was.
"It became commonplace to have a physician ready upon arrivals at hotels," LaPerruque said.
LaPerruque testified he learned the client's needs and after been asked many times to find hotel doctor he understood it was part of his job
If doctor came along, it would be someone Mr. Jackson knew and they would have a hotel room. LaPerruque did not help find those doctors.
Putnam: From Dec. 2001 to 2004, did you believe Mr. Jackson was under the influence of drugs? LaPerruque: Yes
LaPerruque said there were 3 times he was at a hotel and got a phone call in the middle of the night.
"His speech would be very slurred, it would be a lot of mumbling, wouldn't understand him sometimes," LaPerruque described.
The security head said he would be asked to go to MJ's room, he had a key. "I would go to his room to make sure he was ok," LaPerruque said.
"We would be in the room and he seemed to have a hard time," he said. Putnam: Did he speak in an incoherent manner?
LaPerruque: Yes
"It's just slurred speech, sort of mumbling," LaPerruque said. He would be sleeping when MJ called.
Putnam: How many times did you go to his room?
LaPerruque: Through the course of employment, probably 10 to 15 times.
Another 10 to 15 times, he wasn't asked to go to MJ's room, LaPerruque said. Total would be between 20 and 30 times.
LaPerruque: He wouldn't be very coherent, slurred speech, trying to fall asleep, incomprehensible
LaPerruque: He asked questions about the next day's schedule, asked questions over and over.
"I knew he had unusual sleep patterns," LaPerruque said. "I think he was just lonely and wanted somebody to talk to."
Putnam asked what made LaPerruque think he was under the influence of drugs.
LaPerruque: Because the objective symptoms he was displaying, slurred speech, nod.
"I never performed any tests but the symptoms he was displaying were consistent with being under the influence," LaPerruque testified.
LaPerruque spoke with Dr Slavitch from San Francisco. He said he became worried about MJ due to numerous times he saw MJ under the influence
"I was worried about his health," LaPerruque testified.
He also spoke with Grace Rwamba, MJ's children nanny at the time, about his concerns and Dr. Alimorad "Alex" Farshchian in Miami, Florida.

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Re: Кэтрин Джексон против AEG Live

#810  Сообщение Lina » 04 авг 2013, 16:30

2 августа продолжение...

He was one of the physicians that traveled with MJ, LaPerruque said, probably chosen by MJ.
The relationship between Dr. Farshchian and MJ was already established when LaPerruque began working for the artist.
LaPerruque spoke with Dr. Slavitch, Dr. Farshchian and Grace Rwamba about his concerns with MJ.
Putnam: What were you concerned?
LaPerruque: Just his general health, it seemed the frequency of the intoxication to be more occurring
LaPerruque said his job was not only to protect MJ from fans or outside causes, but "I took it upon myself to take care of Mr. Jackson."
LaPerruque: I knew they (the doctors) would be treating Mr. Jackson and wanted them to have a clear picture going in.
Putnam asked if LaPerruque spoke with MJ's family members or business associates. "I didn't believe it was my place to do that," he said.
LaPerruque: Few times in the middle of the day I'd go into his room and he'd be displaying signs of being under the influence.
LaPerruque: Any kind of emails and phone calls came to me. I'd relay the message to him, would go to his room to slip a note under the door.
LaPerruque: Mr. Jackson had propensity of losing his cell phone. I think I counted he lost 27 cell phones (jury laughs).
People were given LaPerruque's cell number and would leave him messages for Michael.
LaPerruque'd knock on MJ's door, escort him to the room meeting would take place. He'd wait outside the door and escort MJ back to the room
LaPerruque: In rare occasions, there were times he seemed to be under the influence of drugs in meetings, had to be taken back to his room.
"He had slurred speech, incoherent, looked like he was going unconscious," LaPerruque said.
LaPerruque: I'd take him back to his room and make sure he was okay. I would seat there and make sure that he was breathing.
Putnam: Why did you do that, sir?
LaPerruque: It was part of my job.
LaPerruque said speaking with MJ about it would be crossing the line. Even though he developed close relationship, needed to have a distance
LaPerruque: There are some professional lines you don't cross and I think it was not my place.
Putnam: Did you like Mr. Jackson?
LaPerruque: Very much!
Putnam: Was there a time you didn't like Mr. Jackson?
LaPerruque said they had some issues related to workload and work schedule, but for the most part it was a pleasure to work with Mr. Jackson
LaPerruque: I believe he knew that I knew what was going. To bring up that conversation would put him on defensive, have barriers between us
"I wanted to be close to him, to protect him, to watch him," LaPerruque testified.
LaPerruque: He knew I was there, he knew I saw him. There were times he fought very, very hard not to be dependent of those medications.
"He fought very hard to not be dependent on prescription medication," LaPerruque testified.
One day, LaPerruque said MJ told him he was clear. 'I just want you to know I'm going to stay this way,' LaPerruque said MJ told him.
LaPerruque understood that MJ was working hard to battle the prescription medication dependency.
"He would have the doctors treating him to get him off the harder narcotics," LaPerruque said.
Putnam asked how he knew and he said he'd have discussions with the doctors and they would tell him.
Putnam: Where you concern it could cause overdose?
LaPerruque: Yes.
LaPerruque said that when he was with the sheriff's department he saw a number of people overdose and taken to emergency room.
"It was my concern he would overdose," LaPerruque testified.
LaPerruque never saw MJ do drugs or take prescription medication. He did see open wine bottles in his room.
The security head said he never saw, anywhere, prescription drugs in MJ's hotel room or at Neverland.
LaPerruque went a couple of times with MJ and his children to Disney World in Florida. There was a medical emergency once in 2001 or 2002.
They were staying at a Disney hotel. LaPerruque doesn't think a doctor traveled along. He stayed in a different room from MJ and kids.

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