Three Agreements between Michael Jackson and Tohme

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Offline paula-c

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Three Agreements between Michael Jackson and Tohme

  • on: February 17, 2013, 07:44:54 PM
Forget the personal comments of the author of the blog and other people, is published to way of information.


Three Agreements between Michael Jackson and Tohme



Just about a year ago, both the Estate of Michael Jackson and Tohme Tohme filed lawsuits against each other.  As the lawsuits near trial, it's important that all Michael Jackson fans, and those interested in the lawsuit, understand three key components to the Estate's claims against Tohme.  There are three main claims; the Finder's Agreement, the Services Agreement and the Indemnity Agreement.  So let's take a look at what the Estate claims on each one of these agreements between Michael Jackson and Tohme.  You can read the court documents for yourself, here. 

Finder's Agreement

1.  In early 2008, Jackson started looking for someone to refinance the loan on Neverland Ranch.  While acting as a consultant for Colony Capital AND as Jackson's business advisor, Tohme and Jackson entered an agreement in which Tohme would receive a 10% finder's fee for locating a company to refinance Neverland.  In addition, the agreement stated that Jackson would pay 10% of the gross proceeds to Tohme if Jackson sold any interest in Neverland.  Lastly, the agreement stated that Tohme would receive 10% of any future profit through any transaction brought to Michael by Colony Capital.  The Estate's claim states "the services Tohme performed for this excessive compensation were simply to introduce Jackson to Colony." 


















The Estate also claims that "the final terms imposed on Jackson contained newly created restraints in connection with Jackson's use and control of the Ranch, along with financial terms disproportionately favorable to Colony and inferior to those Jackson would have been able to obtain had he been represented in negotiations at the outside by an independent advisor without any financial interest in the transaction."  The Estate claims that by being a consultant to Colony Capital, while simultaneously representing Jackson as a business advisor AND in agreement with Jackson for a finder's fee, this is a conflict of interest, and therefore should be found legally void.  The Estate also claims that there were other options that were open to Jackson regarding the refinancing of Neverland, yet Tohme utilized his connections with Colony Capital to gain his finder's fee.

2.  Services Agreement

Jackson and Tohme entered into a Services Agreement on July 2, 2008.  The terms of the services agreement stated that Tohme was guaranteed to be paid $35,000 a month, plus expenses regardless of whether Michael made money or not.  In addition, Tohme would receive "15% of all gross compensation received by (Jackson) including live performances, merchandising, electronic arts, recorded and live telecasts, motion pictures and animated projects."  The Estate claims this agreement far exceeds the normal and customary fees charged by a business advisor.

3.  Indemnity Agreement

The Estate also claims that Michael signed 2 power of attorney documents to Tohme in August 2008, which were, like the finder's agreement and the services agreement, disporportitionately favorable to Tohme and inferior to Jackson.  The Estate also claims that Tohme had Jackson sign an indemnity agreement on August 6,2008, which gave Tohme broad indemnities which were beyond customary. 

The Estate gives the example of Tohme giving Michael's artwork to Brett Livingstone Strong as an example.  "Tohme asserts that he had the power to make the gifts pursuant to the  Power of Attorney that were allegedly executed by Jackson."  The Estate claims Tohme has no Power of Attorney to give gifts of Michael's property to third parties, and that the Estate owns all of Jackson's property, not Tohme. 

Other Claims

1.  The Estate claims that within the AEG agreement for the This Is It (TII) tour and concerts, Tohme is given, on top of the services agreement fee, $100,000 a month.  This fee is advanced to Tohme by AEG, but would have been recouped by Jackson had he lived. 

2.  The Estate claims that Tohme is still in possession of Jackson's money and property.  The estate claims not only does Tohme have some of Jackson's money ("in the millions"), but that Tohme comingled Jackson's money with his own.  The Estate also claims that Tohme is still in possession of Jackson's property; and that he may have disposed of some of the property (like Michael's artwork) without having the authority to do so. 

So if we look at Tohme's compensation agreements prior to Michael's death, here's what we have:

Finder's Fee:                                 10% profit of the sale of Neverland
                                                      10% of gross proceeds if MJ ever sold any interest in Neverland
                                                      10% of any profit MJ earned through Colony Capital
Services Fee:                                 $35,000 per month
                                                       All expenses paid
                                                       15% compensation for any work done by MJ
Power of Attorney:                        Power to do what he pleased with regard to Michael's work
                                                       or property
AEG Agreement:                            $100,000 per month

This is, like the Estate has claimed, extraordinarly outrageous and not the customary fee.  The Estate claims that because there was no independent counsel involved in any of these agreements, that they should be declared null and void, and that Tohme should in some instances, pay back double what the Estate has lost. 

http://mjandjustice4some.blogspot.com.br/2013/02/three-agreements-between-michael.html

Offline marumjj

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 17, 2013, 09:06:23 PM
Tohme is a vampire abusive, MJ trusted him and was betrayed  >:(

Offline RK

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 17, 2013, 09:55:18 PM
One thing that puzzles me is we have been told by others that Michael was a very astute business man, but this poster's article once again seems to suggest the "poor Michael....   being used and abused at the hands of leeches and sharks " image. So which one is it? Astute and sharp in business or vulnerable and easily led and deceived?  In my over-simplified thinking, one couldn't be in the industry  so long and not have gained a sharp eye in spotting the seedy and greedy common variety of human leech. It's almost as if there is two completely different personas constantly being presented.  Either that....or MJ is one excellent actor who has us all going. 
« Last Edit: February 17, 2013, 10:10:11 PM by RK »

Online Andrea

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 17, 2013, 11:15:21 PM


I think there are two possibilities with Tohme.  Could be neither but this is where I'm stuck.

Either he is against Michael and was trying to rip him off through intimidation or something.  Perhaps Michael went along with it to set Tohme up.

Or, the only explanation for Tohme to deserve that kind of money is he is helping arrange things behind the scenes, especially on June 25th and afterwards.  When was the last time we saw Tohme? He's done a disappearing act as well.  But who knows, right?  The fact that we haven't seen him in years adds to his mystery.

And one of the weirdest things was TS acknowledged a question about Tohme just to say he wasn't going to say anything about Tohme.  I mean, what was that all about?

Offline MJonmind

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 12:53:05 AM
Exactly Andrea!  And I believe TS totally knows what’s going on, with Tohme and the coming trial! :errrr: :woohoo2:

I know this is old video knowledge, but it can’t hurt to rewatch:
At 2:45 it is stated that Tohme intimated that he didn’t feel Michael would make one date in London.
Geraldo at 4:00 states, Tohme said he was going to screw Michael and the entire Jackson clan… When Tohme was fired, he lost it and said he would bring death and destruction on the Jackson family.
Near the end of the video, it was said that there will be others besides C Murray investigated for MJ’s death.
Okay so this is back in Nov 09.  Clearly these witnesses hearing these kind of threats would be evidence against Tohme, Colony and AEG.

[youtube]http://www.youtube.com/watch?v=MTxOdI-fPhc[/youtube]

Okay now here is the video of MJ’s taped phone call to June Gatlin saying he didn’t like, trust, and was afraid of Tohme. Then the reporter asked how could MJ let this man into his life. They then go back to 2008 when MJ was supposedly frail and weak and show him in a wheelchair.  Well we know from Jermaine that MJ was fooling the public and doing a “Willie Wonka” or trick with the pic in a wheelchair.  It really seems to me this whole thing is a set-up by MJ.  Andrea I agree with you on the choices.
It’s certainly NOT that MJ is weak and naïve as the media is painting him.

[youtube]
http://www.youtube.com/watch?v=xUoA4k9XTnE[/youtube]

Offline suspicious mind

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 10:15:47 AM
One thing that puzzles me is we have been told by others that Michael was a very astute business man, but this poster's article once again seems to suggest the "poor Michael....   being used and abused at the hands of leeches and sharks " image. So which one is it? Astute and sharp in business or vulnerable and easily led and deceived?  In my over-simplified thinking, one couldn't be in the industry  so long and not have gained a sharp eye in spotting the seedy and greedy common variety of human leech. It's almost as if there is two completely different personas constantly being presented.  Either that....or MJ is one excellent actor who has us all going. 

umm there can be a big difference in knowing how to make money and knowing how to keep it.
just sayin' :icon_pale:  i remember a statement made by tom messurae regarding this during the trial.
"I am sending you out like sheep among wolves. Therefore be shrewd as serpents and as innocent as doves."  




Why not just tell people I'm an alien from Mars? Tell them I eat live chickens and do a voodoo dance at midnight. They'll believe anything you say, because you're a reporter. But if I, Michael Jackson, were to say, "I'm an alien from Mars and I eat live chickens and do a voodoo dance at midnight," people would say, "Oh, man, that Michael Jackson is nuts. He's cracked up. You can't believe a single word that comes out of his mouth."

Online Andrea

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 10:40:42 AM

Thanks for posting those videos again MJonmind.  Tohme perpetrated the image of Michael being drug-addicted and unable to perform the concerts.  Which is the "accepted" opinion of most of the world.  And Michael was aware that his phone call with Gatlin was being recorded so he said what he wanted people to hear.  So I'm still stuck on those two options, lol.  Tohme is either helping or was trying to hinder Michael.  Although it would be clever to have someone working for Michael that everyone suspected was bad news.  Actually, it was a year ago yesterday that TMZ posted a similar article on Tohme. 

http://www.tmz.com/2012/02/17/michael-jackson-dr-tohme-tohme-lawsuit-estate/

Interesting paragraph from that article: "Estate lawyers are anticipating a lawsuit by Tohme against the estate for the money he claims he's owed, and the Estate wants to shut him down before a suit is filed."

So Tohme, according to TMZ, did file a lawsuit, which was immediately rejected by the Estate - article written the same day as the above one.

http://www.tmz.com/2012/02/17/michael-jacksons-former-manager-tohme-tohme-estate-lawsuit/

And then we haven't heard anything since.

All indications point to Tohme being a bad guy who was trying to fleece Michael...but if that's what the media is telling us does that make it true?? Because we know the media lies.  What have the Jacksons said about Tohme?  I found a quote from La Toya but I don't know if there is an actual recording of her saying this : "As soon as he began acting as Michael's business adviser, he fired key people who had been close to Michael for years. ... Once Tohme shut out the rest of the world, he would be able to steer Michael toward business ventures that were profitable for Tohme and his friends."   

So what's the deal then? This hoax has so many characters where you just don't know what's really going on...which I imagine is TOTALLY intentional.

Offline Faithad777

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 12:02:21 PM
One other thing concerns me with this Tohme character.  If you go to the article that Paula posted, go to the link that she included, look at the 2nd picture there.  I know we've seen the picture before, but since the subject has come up, I wanted to discuss it here.
Tohme is holding Michael's arm in what looks like a very tight grip.  Look at the expression on Michael's face, and the way he's looking back at him.  They say "a picture is worth a thousand words".

We've seen Michael out and about a lot before and after this picture with a lot of bodyguards, but  we haven't seen any bodyguard do that.  Michael is not a child whose hand you have to hold to make sure he doesn't run away suddenly.  Michael looks like he's about to tell Tohme off, and he wants to pull his arm away from Tohme's grip.....

Offline paula-c

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 02:49:40 PM
One other thing concerns me with this Tohme character.  If you go to the article that Paula posted, go to the link that she included, look at the 2nd picture there.  I know we've seen the picture before, but since the subject has come up, I wanted to discuss it here.
Tohme is holding Michael's arm in what looks like a very tight grip.  Look at the expression on Michael's face, and the way he's looking back at him.  They say "a picture is worth a thousand words".

We've seen Michael out and about a lot before and after this picture with a lot of bodyguards, but  we haven't seen any bodyguard do that.  Michael is not a child whose hand you have to hold to make sure he doesn't run away suddenly.  Michael looks like he's about to tell Tohme off, and he wants to pull his arm away from Tohme's grip.....


It is true that it seems as if Michael   would like to Tohme removing her hand, It is the gesture that makes Michael with the arm


Offline hesouttamylife

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 03:15:56 PM
We discussed this very thing a while back on the old forum.  Here is the link  http://www.michaeljacksonhoaxforum.com/phpbb2/viewtopic.php?f=30&t=9535
"Don't stop this child, He's the father of man
Don't cross his way, He's part of the plan
I am that child, but so are you
You've just forgotten, Just lost the clue.”

MJ "Magical Child"
Still Rocking my World…
   and leaving me Speechless!

“True goodbyes are the ones never said

Offline sweetsunsetwithMJ

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 06:00:19 PM
Michael would never show a bad gesture toward anyone in front of the public although he were feeling uncomfortable, his education doesn't allow him to do so.
I WANNA BE WHERE YOU ARE!!

Online Andrea

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 06:14:29 PM
One other thing concerns me with this Tohme character.  If you go to the article that Paula posted, go to the link that she included, look at the 2nd picture there.  I know we've seen the picture before, but since the subject has come up, I wanted to discuss it here.
Tohme is holding Michael's arm in what looks like a very tight grip.  Look at the expression on Michael's face, and the way he's looking back at him.  They say "a picture is worth a thousand words".

We've seen Michael out and about a lot before and after this picture with a lot of bodyguards, but  we haven't seen any bodyguard do that.  Michael is not a child whose hand you have to hold to make sure he doesn't run away suddenly.  Michael looks like he's about to tell Tohme off, and he wants to pull his arm away from Tohme's grip.....


It is true that it seems as if Michael   would like to Tohme removing her hand, It is the gesture that makes Michael with the arm




Yes I've always found that photo to be disturbing.  It shows Tohme as an intimidating, manipulative man. 

The only "acceptable" explanation for this would be if MJ told Tohme to "manhandle" him as MJ knew it would be scrutinized for months and years to come - it would add fuel to the fire that MJ wasn't in "control" of his life leading up to his "death".

Offline Faithad777

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 07:13:00 PM
You're right hes, the subject has been discussed a while back, but isn't it helpful to go back and re-address some posts/threads/topics with newer minds (so to speak)?  Michael looks like he's cringing, and wants to pull his arm away from Tohme's grip. 
I know that this was also discussed before, but did we ever come to an understanding or figure out why Tohme was with Jermain at the hospital at jermain's announcement.  Listening to Michael's own words about Tohme, looking at this picture, if Michael was so deathly scared of him and wanted him out of his life, why would Tohme be at the hospital commenting and announcing that "Only Jermain is allowed to comment about Michael's death and no questions will be allowed" sorry, I know these aren't his correct, exact words, but close enough, I hope you get the point.

Offline hesouttamylife

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 07:28:52 PM
Of course Faith.  That’s why I posted the link.  Shows our opinions haven’t strayed that much.  :beerchug:
"Don't stop this child, He's the father of man
Don't cross his way, He's part of the plan
I am that child, but so are you
You've just forgotten, Just lost the clue.”

MJ "Magical Child"
Still Rocking my World…
   and leaving me Speechless!

“True goodbyes are the ones never said

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 07:59:28 PM
We discussed this very thing a while back on the old forum.  Here is the link  http://www.michaeljacksonhoaxforum.com/phpbb2/viewtopic.php?f=30&t=9535




Yes, we are reviewing old themes to see if we can find something that they have not seen before

Offline Faithad777

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 09:53:13 PM
What about this:  I know that this was also discussed before, but did we ever come to an understanding or figure out why Tohme was with Jermaine at the hospital at jermaine's announcement.  if Michael was so deathly scared of him, why would Tohme be at the hospital with Jermaine, instead of Michael's whole family, commenting and announcing that "Only Jermaine is allowed to comment about Michael's death and no questions will be allowed" sorry, I know these aren't his correct, exact words, but close enough, I hope you get the point.

I can't get these 2 pictures out of my head...........

Offline suspicious mind

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 10:16:16 PM
did we ever get any confirmation of who , if anyone thome is related to?
"I am sending you out like sheep among wolves. Therefore be shrewd as serpents and as innocent as doves."  




Why not just tell people I'm an alien from Mars? Tell them I eat live chickens and do a voodoo dance at midnight. They'll believe anything you say, because you're a reporter. But if I, Michael Jackson, were to say, "I'm an alien from Mars and I eat live chickens and do a voodoo dance at midnight," people would say, "Oh, man, that Michael Jackson is nuts. He's cracked up. You can't believe a single word that comes out of his mouth."

Offline blankie

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 18, 2013, 11:11:17 PM
Tohme is a vampire abusive, MJ trusted him and was betrayed  >:(


Totally agree with you  >:(
LOVE YOU MORE

Offline MJonmind

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 19, 2013, 12:58:09 AM
I've always been intrigued with the pic of Tohme standing in front of the painting of MJ called 'The Book' by Brett-Livingstone Strong.  I know TT supposedly gave away MJ's share of his art to BLS worth millions, but it's just that the painting is so key to the hoax part that TS talks about such as the Signs, the Bible and EOW.
http://www.cleveland.com/people/index.ssf/2009/07/jackson_advisor_says_he_turned.html



Also in this article TT was supposed to buy that place in Los Vegas, the Wonderland with the underground cave that Blanket especially liked.  Makes one wonder if MJ didn't still actually buy it and hide out there--one of many possible places.  We've not seen any pics of TT since the 'death' day making me wonder if he isn't still with MJ, with only a hoax role of villain. And MJ certainly needs to have money to live during this ghost life, that doesn't leave a paper-trail-- hence 'greedy' TT takes MJ's millions for doing 'nothing'!!

Offline use_your_illusion

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 19, 2013, 01:21:58 AM
Tohme Tohme Tohme Tohme...never trust a man whose first name is the same as his last...lol...BOOM roasted!

No but really...Tohme and Arnie are a mystery...what side are they really on and do they know about the hoax? My guess is if there is a chance they know, then they do know about the hoax. And if they know about the hoax whether they are wanting to choose their own side...their place has already been chosen for them. I think they and MJ had no choice but to have them as apart of the hoax (i.e keeping them occupied, out of the way, because they aren't really needed in the hoax, they just make up the script (drama)).
« Last Edit: February 19, 2013, 01:31:43 AM by use_your_illusion »
Do you give up yet?

Online Andrea

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 19, 2013, 08:58:55 AM

@MJonmind - you and I have similar thoughts on Tohme Tohme.  He is an "obvious" bad guy which makes me think that he might not actually be, lol.  I could be wrong of course, but Tohme could be both a distraction and "behind the scenes" organizer.  Hopefully we'll find out one way or another soon.

Offline sweetsunsetwithMJ

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 19, 2013, 10:42:28 AM
Dr Tohme related to Randy Phillips by marriage
Former brother-in-laws - As thick as thieves?



Former brother-in-laws - As thick as thieves?

According to records from ancestry.com - the world’s largest family history website - Dr Tohme and AEG Live bos Randy Phillips were related by marriage back in the 1970′s.

Dr Tohme Ramez Tohme (d.o.b. 1949) married Janet Phillips (d.o.b. 1953) on 29th January 1972 in Sacremento, California. The pair subsequently divorced in May 1976 in Sacremento, California.

Marriage - State file: 7307; Reg no: 289

Divorce – State file: 664652; Dissolution case no: 716055

It has been confirmed by an insider that Dr Janet Phillips, now a Clinical Psychologist working at a practice in Torrance, is indeed Randy Phillips’s sister.

Does this provide a link between the “mysterious” Dr Tohme and AEG Live boss Randy Phillips? Did AEG live play any part in manipulating and isolating MJ? Was Dr Tohme on AEG lives payroll? The plot thickens…….
I WANNA BE WHERE YOU ARE!!

Offline shorty

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 19, 2013, 12:18:39 PM

Nobody knows Murray and nobody knows Tohme.....they suddenly appeared and quickly disappeared again. And then the lot of money that they earned all allegedly. The
articel says, Tohme was guaranted to be paid 35.000$ a month, plus experses regardless, of Michael made money or not. Guaranteed by whom......who is paying for they....?
I don`t know, i have the feeling that both, Murray and Tohme, are working with Michael.

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 19, 2013, 08:01:18 PM
Quote
RE Tohme, TAA and the Estate:
 
The Estate of Michael Jackson went to the Labor Commissioner last year, stating that they wanted all the agreements between Tohme and Jackson declared null and void. The reason that the Estate went to the Labor Commissioner is because they have to in order for the issue to move onto the court system.

"The Talent Agencies Act (TAA) defines talent agencies or persons as 'persons or corporations that procure professional employment or engagements' for creative or performing artists in the entertainment media, including theater, movies, radio and television. ...The TAA prohibits unlicensed individuals from 'procurring, offering, promising, or attempting to procure employment or engagements for an artist."
 
The Estate's premise is that Tohme was not licensed at the time of any of the agreements made between he and Michael Jackson. Therefore, all agreements between the two should be declared null and void. This would include the finder's agreement Tohme had for 10% of the sale of Neverland, the services agreement for 35,000 a month, the power of attorneys agreements, and the indemnity agreements. You can read more about these agreements here:
 
http://mjandjustice4some.blogspot.com/2013/02/three-agreements-between-michael.html
 
Also, you can read the actual agreements between Tohme and Jackson here, via @Ivy_4MJ:
 
http://www.scribd.com/doc/82800302/Tohme-MjEstate-Complaint
 
Although far reaching, I would hope that if Tohme was found to not be a legal talent agent, it would negatively affect everything Tohme touched in Michael's life; including the sale of Neverland and the AEG contract. We can always hope, can't we?












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Offline Faithad777

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Re: Three Agreements between Michael Jackson and Tohme

  • on: February 19, 2013, 09:14:08 PM
Now we're getting somewhere.... Look at this last sentence from the article Paula posted:

Although far reaching, I would hope that if Tohme was found to not be a legal talent agent, it would negatively affect everything Tohme touched in Michael's life; including the sale of Neverland and the AEG contract. We can always hope, can't we?

Correct me if I'm wrong, but Tohme is NOT a legal talent agent, I don't think he's legal anything for that matter.....