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Article August 2, 2001. |
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Backstage West
Malibu Talent and Flashcast Entertainment Face Charges
By Laura Weinert |
Thanks to the efforts of the city attorney's office, actors who believe they have been scammed by two L.A.-based companies just might find compensation. Two landmark cases were filed last week against Malibu Talent and Flashcast Entertainment with a combined 31 charges. According to deputy city attorney Mark Lambert, who heads up the consumer protection unit, the case against Malibu Talent will be the first time that the new advanced fee talent service law--which prevents talent managers from charging up front fees--has been used in a court of law.
Said Frank Mateljan, associate press deputy for the city attorney's office, "This effort is really the tip of the iceberg by the city attorney's office to aggressively go after these businesses who defraud L.A. consumers and prey on the hopes and dreams of the citizens of Los Angeles." In the case of Malibu Talent, owner Simone McCue, employees Donald John Cherry, Marlon Robert de Lara Wall, Michael Greg Harrison, Michael Patrick Pasby, and photographer Michael Papo are charged with theft, false advertising, conspiracy to defraud, and violating the advanced fee service statute and the civil code's employment counseling statute. According to the complaint, Malibu Talent allegedly made misleading statements in ads placed in the Penny Saver, LA Weekly, and on the company's own website.
"They put the names of different businesses in the ads and make it look like they are either casting or submitting to the companies," said Lambert. Indeed, the companies website, at www.malibutalent.com, describes the company as a "scouting/management company" and offers "Immediate Auditions" followed by a list of companies ranging from Nickelodeon to Budweiser. Lambert explained what several victims claim to have discovered after auditioning. Said Lambert, "Those people who 'passed' the audition got the 'opportunity' to purchase photos through the company, or were required to in order to get auditions."
Company owner Simone McCue denied the charges to Back Stage West. "We're above board," said McCue. "We're not doing anything illegal or trying to con anybody. We do everything we promise everybody and we don't promise employment to them." McCue explained that the "audition" claims made on the website referred to Malibu Talent's own auditions, and that all the companies listed were "ones we are submitting for, or have actually booked our clients on."
"When they call, they're told exactly what they're auditioning for," said McCue.
The company does require clients to have photos and claims they accept previous photos if they are of professional quality. If not, the clients are referred. "We don't necessarily want them to go to one photographer," said McCue. "We actually have two that we recommend." Now in its third year of business, Malibu Talent offers clients a $350 yearlong "package" including headshots, resumé help, training, and management. Asked how many of her clients purchase the package, McCue replied, "The majority of them do because the majority of them don't have experience. But it's not mandatory."
Asked how many clients she had, McCue replied. "I have no idea. We only keep them for a year. So I couldn't tell you. Their contract's good for a year. If they want to renew, then they renew their contract." McCue did not know how many of her clients had renewed their contracts. The company website also advertises an "Up Close And Personal" session with a surprise guest. Asked what this meant, McCue replied, "That's just a thing on the website that the web guy has done with the person on there, it has nothing to do any of our clients."
"We're not a scam," said McCue. "We do get people jobs. We have a lot of people who've gotten on game shows, commercials. I have clients who have paid a lot more money elsewhere and they've gotten nothing." BSW also spoke with photographer Papo, who is included in the charges as a co-conspirator. "I have nothing to do with any of the charges," said Papo, who has been shooting his own clients for over 21 years. "People get referred to me, I photograph them, I drop the film off at the lab, the person or management company picks them up, and the company will decide what pictures they want and order them. That's all."
The complaint says potential clients at Malibu Talent are handed a document about Papo that says, "Celebrity List? Tom Cruise." Papo was indeed aware of the document, and explained, "I did shoot Tom Cruise. That's not a false statement. I shot him at the premiere of Magnolia." When asked whether he thought he had misled clients to believe he had shot Cruise as a client in a studio setting, not simply as a member of the press, Papo said, "I could shoot the President of the United States walking down the street and put on the celebrity list: 'I've shot the President of the United States,' because that's the truth. I'm not saying the President is a personal friend and client. That isn't there. It just says, 'Celebrity list.'" Papo also confirmed that Malibu Talent sent referrals to him and only one other photographer who was not named in the case.
The case against Flashcast Entertainment is based on a 14-count complaint against owner Carl Ken Carranza and Deborah Elton Haugen charging them of being an unlawful job-listing service as well as falsely advertising in the LA Weekly and on the company's own website, www.flashcastkids.com. "They advertise what looks like an audition in the industry," said Lambert, "and then they sell what they call their 'computerized casting service.' So you go there, you audition, they don't tell you about a fee. Then if you're called back, they tell you at that point that you have to make your decision right then. There's an initial fee of around $495 and you're obligated for the next two years to send them 20 photos plus a $50 fee a month. That's $1,200 over two years, plus the initial $500 registration, plus the cost of 20 photos per month."
Lambert said the company, which specializes in kids ages 4 and under, has breakdowns and sends out clients' photos with breakdowns. "They claim that's where their responsibility ends," said Lambert. "They don't manage you; they don't negotiate for you. We're charging them with being a job-listing service, matching potential job seekers with employment opportunities for a fee."
Flashcast Entertainment owner Carranza did not return phone calls to Back Stage West.
Carranza and fellow employee Haugen will be arraigned on Aug. 8. Malibu Talent employees are scheduled for arraignment on Aug. 18. Anyone who feels they have been cheated by either of these companies should immediately call the L.A. Department of Consumer Affairs at (213) 974-1452.
This Article is Courtesy of Backstage West.
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