ein "kleiner" überblick über die anschuldigungen und ne zusammenfassung über den inhalt der klage (gepostet im mansonusa forum.)
Usually I never post on forums, but I felt compelled to mention some of this after reading the actual claim document. Honestly, if this claim is proven to be true and it looks like it very well might, I don't know if I can even say anything good or positive about Manson ever again.
And before anyone says that I don't know what I'm talking about, this is public record. It's available for anyone to purchase and download off the Los Angeles Superior Court website - just do a case search under Stephen Bier. The document is 102 pages and it'll cost you about $15. It states there will be future hearings in October. I would upload the pdf attachment, but it's too big and it's late and I'm not sure how to split the file up.
There are 24 counts brought against Warner, Manson Records, Inc., various business management firms, Ciulla Management, Satan's Bake Sale, etc. that include breach of written contract, violation of business and professions code, violation of civil code, breach of implied covenant of good faith and fair dealing, breach of fiduciary duties, conversion, intentional interference of w/ economic relations and dissolution of partnership.
Basically, Pogo, Manson, Daisy, Gidget and Sara Lee Lucas formed a partnership agreement in 1993 as the founding members of the band. All 5 of them were legal partners and had equal ownership rights when it comes to touring profits and merchandising revenue. Publishing/songwriting rights were divided according to these percentages - Manson (30%), Daisy (30%), Gein (25%), Pogo (10%) and Lucas (5%). This partnership agreement could not be terminated or altered in any way except by unanimous vote of all partners and is still binding to this day. As everyone in the band eventually was pushed out by Manson (according to the claim), Manson and Pogo ended up being the only remaining partners - every single other person that was in the band other than these 5 original partners were legally considered to be employees rather than partners and were paid a salary rather than shared any ownership rights.
Claims up to 1996/97 - Manson attempted to take complete control over the partnership by taking steps to rid the partnership of its members - by then everyone who was an original partner was gone except for Pogo and Manson. Up to the time ACS became huge, the band was operating in the red and it states that everyone in the band had to rely solely on a regular job to get by (interestingly, except for Manson who was supported financially by his parents).
Keep in mind that Daisy's eventual lawsuit was against the partnership consisting of at that time only Manson and Pogo. This is important in that Manson several times convinced Pogo that a huge chunk of the money went towards the settlement.
Throughout the rest of the 90s as they were touring almost constantly, Pogo was making an approximate annual salary of $70,000. I kid you not. He repeatedly asked Manson why other band members (who were deemed employees, not partners) were making a higher salary (who and amounts not stated), Manson's response was that as original partners/owners they are earning a larger chunk of the pie so to speak. Since most daily expenses like food, accomodation, transport, etc. are expensed by the band for the purpose of touring, he never fully inquired about the day-to-day financial status of the accounts until he started to notice Manson's extravagant spending.
The whole Nazi collectibles thing, the taxidermy, the ring and the wedding are for the most part irrelevant in and of themselves - they're only listed once to demonstrate that Manson had funds available to him signficantly higher than Pogo thought the band was bringing in. Also part of the claim is that he was denied access to account records, paperwork, statements, accounting, etc. by Manson, Ciulla, and various other band business management/accounting partners. Essentially, after Pogo started demanding to know where the money was and what was going on, is when Manson started his campaign to remove him (as he at that point was the only partner left and the only threat to Manson's having 100% stake). Remember, the other band members have no claim to the partnership - they're only employees. Pogo, as the only partner remaining was the only problem to Manson taking complete control over the partnership. Manson already owned/was president of Manson Records, Inc., Satan's Bake Sale, etc.
Fast forward to 2005/2006 after many attempts to gain access to funds, records, etc. via management/accounting. May 2006 - Pogo is denied access to his own equipment which is all held at a band storage facility until the Oct 06 Halloween show. Manson at this point is fully concentrating on his gallery and has missed several rehearsals.
Oct 06 - Pogo's worker's compensation claims for medical treatments (back, shoulder, wrist pain and cataracts) are denied and management claims that he's an employee and not a partner so they can't release any band funds to him. According to the partner agreement, Pogo tries to force them into releasing the funds, but they cut off all contact.
Nov 06 is also the last time Pogo spoke to Manson. He asked him why as the only other equal partner does he not have access to his own money or any band funds and why his medical comp claims are being denied. Manson feigns ignorance and says he has no idea and will be busy with his movie and has no time for this. After this conversation, Manson never returns Pogo's calls, emails or anything.
Keep in mind that throughout all this all instructions as far as denied access to equipment, the facilities, the comp and fund claims, are not only made by Ciulla, the management firm and the other accounting/consulting firms, but by Manson himself through letters and other official correspondence to Ciulla via Manson. So, meanwhile he can't even pay his mortgage at this point and basically his bills go into default.
Mar 07 - at this point, cut off almost completely from all band funds and all band activities, except for an occasional check here and there, he finds out the band is recording EMDM without him. During the same month, by letter, Manson "fires" him via their management firm. The claim here is that he can't be fired as an original partner.
And then it goes from there via their attorneys which brings us to the filing of this suit. By the way the original partnership agreement and other letters/correspondence are included in this document, so it's not like anyone can say Pogo just made that up.
Und wer jetzt noch lust hat kann sich durch 102 seiten offizielle dokumente wühlen: KLICK MICH (pdf)
