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Article September 26, 2002. |
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Backstage West
Malibu Talent Hits the Highway
Management company convicted of grand theft, false advertising, and violations of new law.
By Laura Weinert |
The Advanced Fee Talent Act has finally been given its first starring role. Last week Malibu Talent pled "no contest" to charges of grand theft, false and misleading advertising, and violations of the Act, which became law in 2000. The law prohibits talent representatives from charging upfront fees as a condition of representation.
Malibu Talent owner Simone McCue was ordered to pay $11,933 in restitution and $500 in investigative costs within 90 days or else serve 90 days in jail or on CalTrans community service. Business operator Donald John Cherry will face 30 days of jail or CalTrans community service and $500 in restitution. "Director of submissions" Michael Pasby will pay restitution of $660 and perform 20 days of CalTrans community service. All people involved with the company are forbidden to work in the talent business for the next three years.
With an estimated 1,000 clients, Malibu Talent had been charging fees of $290-340 for mandatory photos with one of the company's photographers?a "kickback" scheme prohibited by the new Advance Fee statute. The company had also placed ads in The Penny Saver and LA Weekly?ads that the city claimed made false statements.
Said deputy city attorney Mark Lambert, "The gist of their advertising was something like, 'Auditions now. Submitting,' and they would list a bunch of places. We're alleging that they were not submitting [actors] as advertised. We are alleging that's the basis of the fraud. It's theft by false pretenses." The ads also failed to mention the mandatory fees.
An investigation began, said Lambert, after the Los Angeles County Department of Consumer Affairs and the Better Business Bureau had received numerous complaints about the company?people claiming they weren't receiving auditions or photos (BSW, 8/2/01). Those who filed complaints with the Better Business Bureau and the Department of Consumer Affairs will receive restitution.
"This is why it's important to make complaints," said Lambert. "The persons who made complaints are in line to get their money back." While others who believe they were misled by Malibu Talent cannot receive restitution as a result of this case, they may choose to take legal action on their own. Said Lambert, "This shows that this statute is real, it's effective, it can protect artists and would-be artists out there. It's important for people to realize if they are being charged upfront for this stuff, they should call us, even if it's a small amount, because it adds up."
Two other salespeople involved with the company have yet to be convicted. "Loni" Marlon Wall failed to appear in court; the judge issued a warrant for his arrest. Michael Harrison demanded that the case, filed as a misdemeanor, be tried as a felony and will appear at a preliminary hearing this week. Harrison's attorney, Steven Flowers, believes his case will be thrown out.
McCue's attorney said she had no comment. Other defendants' attorneys did not return phone calls to BSW. |
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