Oksana Baiul v. William Morris Agency

Silver, Steven 11/7/2013 For Educational Use Only
Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...
2013 WL 5565762 (N.Y.Sup.) (Trial Pleading) Supreme Court of New York. New York County Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY, LLC f/k/a William Morris Agency, Inc.; William Morris Endeavor Entertainment, LLC; Sheldon Schultz; Michael Carlisle; James Griffin; Alan Dworkin; Richard Hersh; Wallin, Simon & Black; Patricia Black, Alan A. Wallin; Alan Suskind; The Screen Actors Guild - American Federation of Television and Radio Artists; Olympic Champions Ltd (BVI); Olympic Champions Ltd (DEL); Ukrainian Financial Group JSC; Galina Zmievskaya; Victor Petrenko; Nina Petrenko; PJSC Gala Radio; Joseph Lemire AKA Joseph C. Lemire; Valery G. Babich AKA Vlasislav V. Babych; Key Brand Entertainment Inc; Michael Rosenberg; and Nancy Rosenberg., Defendants. No. 0653491-2013. October 8, 2013. Summons and Complaint Raymond J. Markovich, Esq., Attorney for Plaintiff, 351 Westbourne Drive, West Hollywood, CA 90048, (323) 401-8032. Dated: October 8, 2013 Certified per 22NYCRR 130-1.1(a) <<signature>> Attorney for Plaintiff Raymond J. Markovich, Esq.
Summons To the above named Defendants: You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is the principal office in New York County of Defendant William Morris Endeavor Entertainment, LLC which is at 1325 Avenue of the Americas; New York, New York 10019.
2013 Thomson Reuters. No claim to original U.S. Government Works.
Dated: New York, New York October 8, 2013 <<signature>> Raymond J. Markovich, Esq. Attorney for Plaintiff - Oksana Baiul 351 Westbourne Drive West Hollywood, CA 90048 (323) 401-8032 Defendants' Addresses William Morris Agency, LLC 9601 Wilshire Blvd 3rd Floor Beverly Hills, CA 90210 William Morris Endeavor Entertainment, LLC 1325 Avenue of the Americas New York, New York 10019 Sheldon Schultz c/o SRS Global Artists, Inc. 454 West 44th Street New York, NY 10036 Michael Carlisle c/o Inkwell Management 521 5th Avenue 26th Floor
New York, NY 10175 James Griffin c/o Paradigm Agency 360 Park Avenue South 16th Floor New York, NY 10010 Alan Dworkin c/o Crystal, Shapiro & Dworkin, LLP 101 Barkalow Avenue Suite C Freehold, NJ 07728 Richard Hersh c/o Celebrity Consultants, LLC 3340 Ocean Park Blvd Suite 3030 Santa Monica, CA 90405 Wallin, Simon & Black 370 Lexington Avenue Suite 1207 New York, New York 10017 Patricia Black c/o Wallin, Simon & Black 370 Lexington Avenue
Suite 1207 New York, New York 10017 Alan A. Wallin c/o Wallin, Simon & Black 370 Lexington Avenue Suite 1207 New York, New York 10017 Alan Suskind c/o Wallin, Simon & Black 370 Lexington Avenue Suite 1207 New York, New York 10017 The Screen Actors Guild American Federation of Television and Radio Artists 360 Madison Avenue 12th Floor New York, NY 10017 Olympic Champions LTD (BVI) c/o Galina Zmievskaya 58 Overlook Ridge Oakland, NJ 07436-2361 Olympic Champions LTD (DEL) The Company Corporation 2711 Centreville Road
Suite 400 Wilmington, DE 19808 Ukrainian Financial Group JSC c/o Western Union Co. 12500 East Belford Avenue Englewood, CO 80112 Galina Zmievskaya 58 Overlook Ridge Oakland, NJ 07436-2361 Victor Petrenko c/o Ice House of New Jersey 111 Midtown Bridge Approach Hackensack, NJ 07601 Nina Petrenko c/o Ice House of New Jersey 111 Midtown Bridge Approach Hackensack, NJ 07601 PJSC Gala Radio c/o Joseph C. Lemire Olympic Champions Limited Agent for Service - The Company Corporation 2711 Centreville Road; Suite 400 Wilmington, DE 19808
Joseph C. Lemire c/o Olympic Champions Limited Agent for Service - The Company Corporation 2711 Centreville Road; Suite 400 Wilmington, DE 19808 Valery G. Babich aka Vladislav V. Babich Ukrainian Financial Group JSC c/o Western Union Co. 12500 East Belford Avenue Englewood, CO 80112 Key Brand Entertainment Inc 1619 Broadway 19th Floor New York, NY 10019 Michael Rosenberg 77835 Cottonwood Cove Indian Wells, CA 92210 Nancy Rosenberg 77835 Cottonwood Cove Indian Wells, CA 92210
COMPLAINT Plaintiff Oksana Baiul a/k/a Oksana S. Baiul a/k/a Oksana S. Baiul-Farina (Plaintiff) by her attorney, Raymond J. Markovich, Esq., alleges as follows:
The Parties 1. Plaintiff is an adult individual residing in Bucks County, Pennsylvania. 2. Upon information and belief, Defendant William Morris Agency, LLC f/k/a William Morris Agency, Inc. (WMA) is a limited liability company organized under the laws of Delaware and registered to do business and doing business in New York County, State of New York. 3. Upon information and belief, WMA owns, uses and/or possesses real property in the State of New York. 4. Upon information and belief, on or about June 2009, WMA merged with the Endeavor Talent Agency (Endeavor) to form Defendant William Morris Endeavor Entertainment, LLC (WMEE). 5. Upon information and belief, WMEE expressly and/or impliedly assumed the tort liabilities of both Endeavor and WMA and/or WMEE is a mere continuation of both Endeavor and WMA. 6. Upon information and belief, WMEE is a limited liability corporation organized under the laws of Delaware and registered to do business and doing business in New York County, State of New York with a current principal place of business at 1325 Avenue of the Americas, New York, NY 10019 and formerly at 1350 Avenue of the Americas, New York, NY 10019. 7. Upon information and belief, WMEE owns, uses and/or possesses real property in the State of New York. 8. Upon information and belief, WMEE is the successor in interest to WMA. 9. WMEE and WMA shall collectively and individually henceforth be referred to as WME (WME). 10. Defendant Sheldon Schultz (Schultz) is an adult individual that was a talent agent for Plaintiff at WME in New York County, State of New York. 11. Upon information and belief, Schultz worked for WME in the State of New York and/or is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for WME and/or SRS Global Artists, Inc. in the State of New York and/or business with WME and/or SRS Global Artists, Inc. in the State of New York and/or business with others in the State of New York for several years and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 12. Defendant Michael Carlisle (Carlisle) is an adult individual that was a talent agent for Plaintiff at WME in New York County, State of New York. 13. Upon information and belief, Carlisle worked for WME in the State of New York and/or is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for WME and/or Inkwell Management in the State of New York and/or business with WME and/or Inkwell Management and/or Carlisle and Co. in the State of New York and/or business with others in the State of New York for several years and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 14. Defendant James Griffin (Griffin) is an adult individual that was a talent agent for Plaintiff at WME in New York County, State of New York.
15. Upon information and belief, Griffin worked for WME in the State of New York and/or is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for WME and/or The Paradigm Agency in the State of New York and/or business with WME and/or The Paradigm Agency in the State of New York and/or business with others in the State of New York for several years and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 16. Defendant Alan Dworkin (Dworkin) is an adult individual that worked for WME in New York County, State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 17. Upon information and belief, Dworkin worked for WME in the State of New York and/or is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for WME and/or Crystal, Shapiro & Dworkin, LLP in the State of New York and/or business with WME and/or Crystal, Shapiro & Dworkin, LLP in the State of New York and/or business with others in the State of New York for several years and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 18. Defendant Richard Hersch (Hersch) is an adult individual that was a talent agent for Plaintiff at WME. 19. Upon information and belief, Hersch is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for WME and/or Celebrity Consultants, LLC in the State of New York and/or business with WME and/or Celebrity Consultants, LLC in the State of New York and/or business with others in the State of New York for several years and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 20. Schulz, Carlisle, Griffin, Dworkin and Hersch are collectively referred to as the WME Agents (WME Agents). 21. Defendant Wallin, Simon & Black (WSB) is a company that claims to be certified public accountants with its principal place of business in New York County, State of New York with its offices currently at 370 Lexington Avenue; Suite 1207; New York, New York 10017 and formerly at 1350 Avenue of the Americas; New York, New York 10019 which was just across the hallway from the offices of WME, Schultz, Carlisle, Griffin and Dworkin. 22. WSB continually served and represented Plaintiff as Plaintiff's certified public accountants and business manager from April 1997 through January 2012. 23. Upon information and belief, WSB owns, uses and/or possesses real property in the State of New York. 24. Defendant Patricia Black (Black) is an adult individual that claims to be a certified public accountant and who did work for Plaintiff at WSB in the State of New York. 25. Upon information and belief, Black works for WSB in the State of New York and/or is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for WSB in the State of New York and/or business with WSB in the State of New York and/or business with others in the State of New York for several years and/or did business related to Plaintiff in the State of New York when WSB had represented Plaintiff as Plaintiff's certified public accountants and business manager. 26. Defendant Alan A. Wallin (Wallin) is an adult individual that claimed to be a certified public accountant and who did work for Plaintiff at WSB in the State of New York.
27. Upon information and belief, Wallin works for WSB in the State of New York and/or is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for WSB in the State of New York and/or business with WSB in the State of New York and/or business with others in the State of New York for several years and/or did business related to Plaintiff in the State of New York when WSB had represented Plaintiff as Plaintiff's certified public accountants and business manager. 28. Defendant Alan Suskind (Suskind) is an adult individual who did work for Plaintiff at WSB in the State of New York. 29. Upon information and belief, Suskind is a certified public accountant. 30. Upon information and belief, Suskind works for WSB in the State of New York and/or is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for WSB in the State of New York and/or business with WSB in the State of New York and/or business with others in the State of New York for several years and/or did business related to Plaintiff in the State of New York when WSB had represented Plaintiff as Plaintiff's certified public accountants and business manager. 31. Black, Wallin and Suskind are collectively referred to as CPA (CPA). 32. The Screen Actors Guild merged with the American Federation of Television and Radio Artists on or about March 30, 2012 and the result of the merger is Defendant The Screen Actors Guild - American Federation of Television and Radio Artists (SAG) which is not-for-profit corporation registered to do business and doing business in New York County, State of New York with offices at 360 Madison Avenue; 12th Floor; New York, NY 10017. 33. Upon information and belief, SAG expressly and/or impliedly assumed the tort liabilities of both the Screen Actors Guild and the American Federation of Television and Radio Artists and/or SAG is a mere continuation of both the Screen Actors Guild and the American Federation of Television and Radio Artists. 34. Upon information and belief, SAG owns, uses and/or possesses real property in the State of New York. 35. Upon information and belief, Defendant Olympic Champions Ltd (OCL) is a corporation formed under the laws of the British Virgin Islands, by and through its agents Galina Zmievskaya, Nina Petrenko, Victor Petrenko and/or Joseph Lemire. 36. Upon information and belief, OCL is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing business with WME in the State of New York and/or business with others in the State of New York for several years and/or was and/or is doing business related to Plaintiff in the State of New York and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 37. Upon information and belief, Defendant Olympic Champions Limited (OCL2) is a corporation formed under the laws of the State of Delaware, by and through its agents Galina Zmievskaya, Nina Petrenko, Victor Petrenko and/or Joseph Lemire. 38. Upon information and belief, OCL2 is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing business with WME in the State of New York and/or business with others in the State of New York for several years and/or was and/or is doing business related to Plaintiff in the State of New York and/ or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency.
39. Upon information and belief, Defendant Ukrainian Financial Group JSC (UFG) is a public limited company formed under the laws of the Ukraine by and through its agent(s) Joseph Lemire and/or Valery G. Babich. 40. Upon information and belief, UFG is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing business with WME and/or OCL and/or OCL2 and/or Western Union in the State of New York and/or business with others in the State of New York for several years and/or was and/or is doing business related to Plaintiff in the State of New York and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 41. Defendant Galina Zmievskaya (Zmievskaya) is an adult individual that was Plaintiff's coach and is and/or was an agent for OCL and/or OCL2. 42. Upon information and belief, Zmievskaya is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for OCL and/or OCL2 in the State of New York and/or business with WME and/or OCL and/or OCL2 in the State of New York and/or business with others in the State of New York for several years and/or was and/or is doing business related to Plaintiff in the State of New York and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 43. Defendant Victor Petrenko (Petrenko) is an adult individual and is and/or was an agent for OCL and/or OCL2. 44. Upon information and belief, Petrenko is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for OCL and/or OCL2 in the State of New York and/or business with WME and/or OCL and/or OCL2 in the State of New York and/or business with others in the State of New York for several years and/or was and/or is doing business related to Plaintiff in the State of New York and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 45. Defendant Nina Petrenko (N Petrenko) is an adult individual that serves and/or served as a bookkeeper for Plaintiff and/ or OCL and/or OCL2 and/or UFG. 46. Upon information and belief, N Petrenko is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for OCL and/or OCL2 in the State of New York and/or business with WME and/or OCL and/or OCL2 in the State of New York and/or business with others in the State of New York for several years and/or was and/or is doing business related to Plaintiff in the State of New York and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 47. Upon information and belief, Defendant PJSC Gala Radio (Gala Radio) is a company formed under the laws of the Ukraine by and through its agent(s) Joseph Lemire and/or Valery G. Babich. 48. Upon information and belief, Gala Radio is doing business in the State of New York and/or transacts business in the State of New York and/or did business with WME and/or OCL and/or OCL2 and/or UFG in the State of New York and/or business with others in the State of New York for several years and/or was and/or is doing business related to Plaintiff in the State of New York and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 49. Defendant Joseph Lemire (Lemire) is an adult individual, an attorney admitted in Texas and an agent for OCL and/or OCL2 and/or UFG and/or Gala Radio.
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50. Upon information and belief, Lemire is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for OCL and/or OCL2 and/or UFG and/or Gala Radio in the State of New York and/or business with WME and/or OCL and/or OCL2 and/or UFG and/or Gala Radio in the State of New York and/ or business with others in the State of New York for several years and/or was and/or is doing business related to Plaintiff in the State of New York and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 51. Defendant Valery G. Babich aka Vladislav V. Babych (Babich) is an adult individual and an agent of UFG. 52. Upon information and belief, Babich is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for UFG and/or Gala Radio in the State of New York and/or business with WME and/or UFG and/or Gala Radio in the State of New York and/or business with others in the State of New York for several years and/or was and/or is doing business related to Plaintiff in the State of New York and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 53. Zmievskaya, Petrenko, N Petrenko and/or Joseph Lemire are collectively referred to as OCL Agents (OCL Agents). 54. Babich and Lemire are collectively referred to as UFG Agents (UFG Agents). 55. Upon information and belief, Marco Entertainment, Inc. (Marco) had been Petrenko's talent agency and/or manager. 56. Upon information and belief, Defendant Key Brand Entertainment Inc. (KBE) is the result of a consolidation or merger of KBE, Marco Entertainment, Inc. (Marco) and/or Magicworks Entertainment Inc. and/or other entities and/or KBE expressly and/or impliedly assumed the tort liabilities of Marco and/or KBE is a mere continuation of Marco. 57. KBE is registered to do business and doing business in New York County, State of New York. 58. Upon information and belief, KBE is the successor in interest to Marco. Marco and KBE shall collectively and individually henceforth be referred to as KBE (KBE). 59. KBE was doing business related to Plaintiff in the State of New York and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 60. Upon information and belief, Defendant Michael Rosenberg (M Rosenberg) is an adult individual who was employed by KBE and was a talent agent and/or manager for Petrenko. 61. Upon information and belief, M Rosenberg is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for Marco and/or Magicworks Entertainment Inc. and/or KBE in the State of New York and/or business with others in the State of New York for several years and/or was doing business related to Plaintiff in the State of New York and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 62. Upon information and belief, Defendant Nancy Rosenberg (N Rosenberg) is an adult individual who was employed by KBE and was a talent agent and/or manager for Petrenko. 63. Upon information and belief, N Rosenberg is doing business in the State of New York and/or transacts business in the State of New York and/or has done regular and continuing work for Marco and/or Magicworks Entertainment Inc. and/or KBE in the
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State of New York and/or business with others in the State of New York for several years and/or was doing business related to Plaintiff in the State of New York and/or did business related to Plaintiff in the State of New York when WME had represented Plaintiff as Plaintiff's talent agency. 64. As shall be explained below, over the period from 1993 to present, the following individuals and/or entities: WME, Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg; were and/or are persons associated with a criminal enterprise (Promises Broken) in a pattern of mail fraud, wire fraud, bank fraud, money laundering, interstate transportation of stolen property, theft and/or obstruction of justice against Plaintiff.
Factual Background 65. On February 23 and 25, 1994, in two of the most watched television performances in history, 1993 World Champion Ukrainian figure skater Plaintiff Oksana Baiul competed for and ultimately won the Olympic Gold Medal in Ladies Figure Skating at the Seventeenth Winter Olympics in 1994. 66. As a result of years of training culminating in Plaintiff's World and Olympic championships, Oksana Baiul became a global household name. 67. As a further result of Plaintiff's professional success, advertisers, film, television, and stage producers, fashion companies, jewelry companies, book, periodical, and newspaper publishers, as well as talent agents, sought to affiliate with Plaintiff. 68. In the nearly two decades since her historic performances on February 23 and 25, 1994, Plaintiff has appeared and performed in innumerable television, film, and stage productions; been featured in a broad range of television, radio and print advertisements; authored two (2) books, both of which made bestseller lists; and promoted fashion and jewelry lines. 69. Upon information and belief, the OCL Agents and/or the UFG Agents had an agreement sometime in 1994 with Stephen Fish (Fish) and/or Robert Young (Young) whereby OCL, the OCL Agents, UFG and/or the UFG Agents would own part of the International Skating Center of Connecticut and/or receive other compensation if they brought Plaintiff to live in Simsbury, Connecticut and to exclusively train at the International Skating Center of Connecticut. 70. Plaintiff was the most famous and most popular figure skating star in the world at the time and upon information and belief, Fish and Young wanted the Plaintiff to train exclusively at the International Skating Center of Connecticut in order to promote this new, state-of-the-art facility that Fish and/or Young were building. 71. The OCL Agents and/or the UFG Agents moved Plaintiff, a minor, from the Ukraine to Simsbury, Connecticut in 1994 to train at the International Skating Center of Connecticut. 72. As a means to control Plaintiff, Zmievskaya kept Plaintiff's passport. 73. Plaintiff should have been the individual compensated by Fish and/or Young. 74. Plaintiff received no ownership or shares in the International Skating Center of Connecticut.
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75. Upon information and belief, the OCL Agents and/or the UFG Agents stole from Plaintiff whatever compensation and/ or ownership and/or shares provided by Fish and/or Young for Plaintiff to reside in Simsbury, Connecticut and to train at the International Skating Center of Connecticut and Plaintiff has been damaged by this theft. 76. Plaintiff was a minor immigrant, from a country in economic turmoil after the collapse of the Soviet Union, who did not did not speak, read or understand English and did not understand the criminal acts of Zmievskaya and/or other persons associated with Promises Broken. 77. Upon information and belief, Plaintiff's stolen monies were held in federally insured banks and were knowingly and/or fraudulently transferred interstate and/or internationally by the OCL Agents and/or the UFG Agents 78. Upon information and belief, Plaintiff's stolen shares were knowingly and/or fraudulently transferred interstate and/or internationally by OCL Agents and/or the UFG Agents. 79. On or about May 9, 1994, less than three months after Plaintiff won her Olympic Championship in front of approximately 60% of the worldwide television-watching audience, WME and the WME Agents executed several agreements, with all or most of them on WMA letterhead for the William Morris Agency, Inc; 1350 Avenue of the Americas; New York, NY 10019, with the then sixteen (16) year-old (born on XX/XX/1977 in the Ukraine), non-English speaking, understanding or reading Plaintiff who was not represented by counsel or a legal guardian. 80. Upon information and belief, all of the aforementioned agreements were executed by WME in New York County, State of New York. 81. On or about May 9, 1994, Plaintiff and WME executed the following agreements: a. General Materials and Packages granting WME the exclusive right to represent Plaintiff in all fields and media, throughout the world, attached hereto as Exhibit 1 (hereinafter Package Agency Contract). b. Authorization appointing WME as Plaintiff's attorney-in-fact, authorizing WME to collect monies on behalf of Plaintiff, authorizing WME to deduct commissions from such monies collected and requiring WME transfer the balance of all monies collected to Plaintiff personally, attached hereto as Exhibit 2 (hereinafter Authorization). c. Standard AFTRA Exclusive Agency Contract employing WME as Plaintiff's sole and exclusive Agent in the transcription, radio broadcasting and television industries within the scope of the Regulation (Rule 12-B) of the American Federation of Television and Radio Artist, attached hereto as Exhibit 3 (hereinafter Television Contract). d. SAG Motion Picture/Television Agency Contract engaging WME as Plaintiff's agent for the following fields as defined in the Screen Actors Guild Codified Agency Regulations, Rule 16 (g) and WME accepted such engagement: Theatrical Motion Pictures; Television Motion Pictures, attached hereto as Exhibit 4 (hereinafter Film Contract). e. Exclusive Management Contract Under Equity Agency Regulations engaging WME as Plaintiff's sole and exclusive agent in the legitimate theatre industry, attached hereto as Exhibit 5 (hereinafter Stage Contract). f. General Services Agreement engaging WME as Plaintiff's sole and exclusive agent, adviser, and representative with respect to Plaintiff's services, activity and participation in all branches of the entertainment, publication and related fields throughout the world, attached hereto as Exhibit 6 (hereinafter General Services Agreement).
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82. Also on or about May 9, 1994, WME executed agreements with and among: (A) UFG, by and through its agent Lemire, and (B) OCL, by and through its agents Zmievskaya, Petrenko and/or Lemire and (C) unknowingly by Plaintiff. Those agreements were as follows: a. A confidential agreement granting WME five percent (5%) of OCL's gross compensation for the services of Plaintiff for existing offers for skating tours in 1994 and from which WME would have to pay UFG two percent (2%) of OCL's gross compensation for the services of Plaintiff for existing offers for skating tours in 1994 attached hereto as Exhibit 7 (hereinafter Skating Tour Agreement). b. General Services Agreement appointing WME as Plaintiff's sole and exclusive agent, adviser, and representative with respect to Plaintiff's services, activity and participation in all branches of the entertainment, publication, and related fields throughout the world, including but not limited to merchandising, testimonials and commercial tie-ups, whether or not using Plaintiff's name, voice or likeness, attached hereto as Exhibit 8 (hereinafter OCL General Services Agreement). c. Deferment Agreement setting forth a schedule to compensate OCL for payments relating to dramatic special and series, variety specials and series, animated specials and series, mini-series, and movies for television, attached hereto as Exhibit 9 (hereinafter Deferment Agreement).
83. Upon information and belief, on or about June 22, 1993, Plaintiff was allegedly paid $75000 by wire transfer for Plaintiff's work on the Tom Collins Shows but Plaintiff never received such funds and believes that this $75,000 was stolen from Plaintiff by Zmievskaya, Petrenko, N Petrenko and/or Lemire. 84. Upon information and belief, on or about April 26, 1994, KBE received by interstate mail check #5667 in an amount of $104,000 drawn on a federally insured bank and this $104,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/or N Rosenberg since it was Plaintiff's earnings from the Tom Collins Shows but Plaintiff had never authorized that KBE, M Rosenberg and/or N Rosenberg be paid for Plaintiff's work. 85. Upon information and belief, on or about May 11, 1994, KBE received by interstate mail check #5716 in an amount of $96,000 drawn on a federally insured bank and this $96,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/ or N Rosenberg since it was Plaintiff's earnings from the Tom Collins Shows but Plaintiff had never authorized that KBE, M Rosenberg and/or N Rosenberg be paid for Plaintiff's work. 86. Upon information and belief, on or about May 18, 1994, KBE received by interstate mail check #5767 in an amount of $72,000 drawn on a federally insured bank and this $72,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/ or N Rosenberg since it was Plaintiff's earnings from the Tom Collins Shows but Plaintiff had never authorized that KBE, M Rosenberg and/or N Rosenberg be paid for Plaintiff's work. 87. Upon information and belief, on or about May 23, 1994, KBE received by interstate mail check #5773 in an amount of $288,000 drawn on a federally insured bank and this $288,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/or N Rosenberg since it was Plaintiff's earnings from the Tom Collins Shows but Plaintiff had never authorized that KBE, M Rosenberg and/or N Rosenberg be paid for Plaintiff's work. 88. Upon information and belief, on or about July 21, 1994, WME received a wire transfer in an amount of $205,000 through a federally insured bank and this $205,000 wire transfer was money stolen from Plaintiff by WME since it was Plaintiff's earnings from the Tom Collins Shows but Plaintiff never received this $205,000 less commissions from WME.
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89. On or about August 2, 1994, WME and/or one or more other persons associated with Promises Broken co-signed Mutual Settlement and Release Agreements transferring no less than $200,000 that belonged to Plaintiff to settle a dispute between UFG Agents, OCL Agents, Lemire, Babich, UFG, KBE, M Rosenberg and/or N Rosenberg. 90. Upon information and belief, on or about September 1994, Lemire stole $40,000 of Plaintiff's monies even though he knew that Plaintiff was not personally involved in such dispute between legal strangers and/or that Plaintiff had no knowledge that Plaintiff's funds were being used to settle a dispute between legal strangers and/or that Plaintiff had not even signed the Mutual Settlement and Release Agreements. 91. Upon information and belief, on or about September 1994, Lemire and/or one or more other persons associated with Promises Broken knowingly and/or fraudulently transferred interstate and/or internationally, from a federally insured bank, the $40,000 stolen from Plaintiff and used such stolen funds to purchase the license(s) for Gala Radio in the Ukraine. 92. Upon information and belief, on or about November 1994, UFG stole $40,000 of Plaintiff's monies even though UFG knew that Plaintiff was not personally involved in such dispute between legal strangers and/or that Plaintiff had no knowledge that Plaintiff's funds were being used to settle a dispute between legal strangers and/or that Plaintiff had not even signed the Mutual Settlement and Release Agreements. 93. Upon information and belief, on or about November 1994, UFG, Lemire and/or Babich and/or one or more other persons associated with Promises Broken knowingly and/or fraudulently transferred interstate and/or internationally, from a federally insured bank, the $40,000 stolen from Plaintiff and used such stolen funds to purchase the license(s) for Gala Radio. 94. Upon information and belief, Gala Radio is owned and/or controlled by Lemire and/or Babich and/or UFG. 95. Upon information and belief, Gala Radio is an extremely successful business. 96. Upon information and belief, Gala Radio is a premiere sponsor of the National Olympic Committee of the Ukraine for its bid for the 2022 Winter Olympic Games. 97. Upon information and belief, Gala Radio only exists today because of monies stolen by UFG and/or Lemire and/or Babich from Plaintiff, the Ukraine's first and only Winter Olympic Gold Medalist. 98. Upon information and belief, Lemire and/or Gala Radio has brought suit and won more than $12,000,000 in damages against the Ukrainian government related to Gala Radio, Oksana Baiul Beauty Salons and/or Oksana Baiul real estate holdings. 99. Upon information and belief, Lemire has for many years (1993-present) misrepresented himself as Plaintiff's equal partner in the above businesses and while substantial money and/or property stolen from Plaintiff by Lemire had been used to obtain such businesses, Plaintiff currently has no ownership of such businesses. 100. Upon information and belief, Lemire, Gala Radio, Babich and/or UFG intentionally and substantially interfered with Plaintiff's property by taking possession of and/or stealing monies and/or property worth no less than $15,000,000 from Plaintiff in the Ukraine. 101. Upon information and belief, in September 1994, KBE, M Rosenberg and/or N Rosenberg stole $60,000 of Plaintiff's monies even though one or more knew that Plaintiff was not personally involved in such dispute between legal strangers and/ or that Plaintiff had no knowledge that Plaintiff's funds were being used to settle a dispute between legal strangers and/or that Plaintiff had not even signed the Mutual Settlement and Release Agreements.
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102. Upon information and belief, in September 1994, WME knowingly and/or fraudulently transferred to KBE by interstate mail a check for $60,000 drawn on a federally insured bank and this $60,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/or N Rosenberg. 103. Upon information and belief, in November 1994, KBE, M Rosenberg and/or N Rosenberg stole $60,000 of Plaintiff's monies even though one or more knew that Plaintiff was not personally involved in such dispute between legal strangers and/ or that Plaintiff had no knowledge that Plaintiff's funds were being used to settle a dispute between legal strangers and/or that Plaintiff had not even signed the Mutual Settlement and Release Agreements. 104. Upon information and belief, in November 1994, WME knowingly and/or fraudulently transferred to KBE by interstate mail a check for $60,000 drawn on a federally insured bank and this $60,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/or N Rosenberg. 105. On or about January 1997, while Plaintiff still did not competently read, speak or understand English, due to an unrelated dispute, Plaintiff severed all ties with Zmievskaya, Petrenko, N Petrenko and Lemire. 106. Schultz, clearly operating in the interests of one or more persons associated with Promises Broken and/or WME, arranged for WSB and/or Black to manage Plaintiff's business affairs going forward and thus conceal the prior criminal acts of one or more persons associated with Promises Broken and/or WME. 107. On or about April 1997, Black demanded from Plaintiff a power of attorney and such power of attorney was used by Black to conceal from Plaintiff criminal acts committed by one or more persons associated with Promises Broken including, but not limited to, the transfer of Plaintiff's Connecticut house. 108. Additionally, in order to further conceal from Plaintiff the criminal acts committed by one or more persons associated with Promises Broken, Black and Wallin appointed themselves in 1997 as treasurer and secretary of Plaintiff's new loan-out company, Oksana, LTD. 109. On May 9, 1997, Plaintiff who still did not competently read, speak, understand or otherwise communicate in English and due to concealment by WME, Schultz, WSB and/or the CPA, Plaintiff had no knowledge of the criminal acts of one or more persons associated with Promises Broken; Plaintiff and WME renewed all of the agreements. 110. In the Stage Contract, Defendants explicitly promised to maintain the relationship of a fiduciary to [Plaintiff]. (See Exhibit 5). 111. Plaintiff was not given a fully executed copy of any of the agreements or the renewal agreements and Plaintiff only discovered such agreements on or about November 2011 (Baiul Agreements). 112. At all relevant times hereto, Plaintiff exclusively relied upon one or more persons associated with Promises Broken for business decisions including the interpretation of the Baiul Agreements. 113. Mr. Carlo J. Farina (Farina) began working as Plaintiff's business manager in the latter half of 2011. 114. Because it appeared to Farina that Plaintiff had had several extremely successful films and/or audio-visual works that were (and still are) being licensed worldwide, Farina began to investigate Plaintiff's royalties and residuals.
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115. Farina contacted SAG, WSB, the CPA and/or WME for all documentation and explanations. 116. Farina proceeded to request documents from SAG, WSB, the CPA, WME and/or other parties including, but not limited to, Plaintiff's earnings history report. 117. On November 19, 2011, Plaintiff received from WME, by e-mail, Plaintiff's Earnings History Report (EHP) dated November 18, 2011 for the period from December 29, 1991 through December 26, 2009. 118. Almost all of the earnings on the EHP were attributed to WME's offices in the State of New York. 119. The EHP was part of a scheme or artifice to defraud Plaintiff and was intended by WME to defraud Plaintiff into believing that Plaintiff had no other historical income from the period during which WME had represented Plaintiff as Plaintiff's talent agents and/or related to transactions executed while WME had represented Plaintiff as Plaintiff's talent agents. 120. The EHP was false and thus fraudulent. 121. Plaintiff relied on the fraudulent EHP. 122. Plaintiff would have taken actions sooner to recover monies owed to Plaintiff had it not been for the fraudulent EHP and Plaintiff has suffered damages because of the fraudulent EHP. 123. Over the next few weeks, Farina reviewed the EHP and began to realize that something was very wrong. 124. Farina contacted WME over the next several months in hopes of receiving some logical explanation concerning the material discrepancies in the EHP. 125. In mid-November 2011, Farina contacted WSB and requested, with a letter signed by Plaintiff, Plaintiff's documents and/ or accounting records and especially for the year 1997. 126. On or about December 6, 2011, Farina contacted WSB again but was informed by Alan Suskind at WSB that Plaintiff's 1997 documents and/or accounting records had been shredded. Luckily, one or more critical documents from 1997 and before, such as the $11,045.70 Sony Agreement Royalty Payment that does not exist on the EHP (see Exhibit 13), had been misfiled by WSB in a folder or folders for subsequent years that were provided to Plaintiff between December 6, 2011 through May 2012 with Plaintiff's documents and/or accounting records for the years 1998 and later. 127. From on or about December 6, 2011 through May 2012, WSB sent by mail to Plaintiff some documents and/or accounting records but such documents and/or accounting records could not explain the discrepancies in the EHP (WSB Documents). 128. The WSB documents were part of a scheme or artifice to defraud Plaintiff and were intended by WSB to defraud the Plaintiff into believing that Plaintiff had no other income, historical or otherwise, except that represented by the WSB Documents and/ or the EHP. 129. Upon information and belief, some or all of the WSB Documents were false and/or misleading and/or incomplete and thus fraudulent. 130. Upon information and belief, WSB corruptly destroyed Plaintiff's documents and/or accounting records for the year 1997 in order to protect WME and/or one or more of the other persons associated with Promises Broken.
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131. Plaintiff relied on the WSB Documents. 132. Plaintiff would have taken actions sooner to recover monies owed to Plaintiff had it not been for the fraudulent WSB Documents and/or the destruction of documents by WSB and Plaintiff has suffered damages because of the fraudulent WSB documents and/or the corrupt destruction of documents by WSB. 133. Farina later realized that the EHP did not include earnings from A Promise Kept: The Oksana Baiul Story (A Promise Kept), the Sony Signatures Merchandising License Agreement (Sony Agreement), the Wizard of Oz on Ice (Wizard of Oz), the HealthRider Infomercial and other sources of earnings and Farina did not learn about missing earnings from the Nutcracker On Ice starring Oksana Baiul and Victor Petrenko (Nutcracker 1) and/or the Nutcracker On Ice starring Oksana Baiul and Brian Boitano (Nutcracker 2) until on or about October 2012. Farina informed Plaintiff after each discovery. 134. Farina later realized that there was $5,016,255 on Plaintiff's EHP that Plaintiff had never received from WME. 135. Farina contacted WME again but WME would not take or return his calls after Farina had raised the above issues. 136. Upon information and belief, since WME began representing Plaintiff on May 9, 1994, WME would have sent Plaintiff by mail and/or wire at least 20 fraudulent earnings history reports over the period from May 9, 1994 through June 2000 (20+ Reports). 137. WME and/or one or more other persons associated with Promises Broken, intended not to report to Plaintiff the Plaintiff's earnings from A Promise Kept, the Nutcracker 1, the Nutcracker 2, the Sony Agreement, the Wizard of Oz, the HealthRider Infomercial and other sources of earnings. 138. Upon information and belief, since the 20+ Reports did not include earnings from A Promise Kept, the Nutcracker 1, the Nutcracker 2, the Sony Agreement, the Wizard of Oz, the Healthrider Infomercial and other sources of earnings; each and every one of the 20+ Reports that was sent by WME would have been a part of a scheme or artifice to defraud Plaintiff. 139. Upon information and belief, WSB and/or the CPA were clearly aware of the scheme or artifice to defraud Plaintiff by WME and/or one or more other persons associated with Promises Broken and WSB and/or the CPA were actively involved in such scheme or artifice to defraud Plaintiff. 140. Plaintiff never personally received any of the fraudulent 20+ Reports but instead was forced to rely upon the misrepresentations and/or concealment carried out by WSB and/or the CPA acting on behalf of WME and/or one or more other persons associated with Promises Broken. 141. Upon information and belief, WME, the WME Agents, OCL, OCL2, the OCL Agents, UFG and/or the UFG Agents did from May 1994 to the date of this Complaint misrepresent and/or conceal from Plaintiff the prior wrongdoings and/or criminal acts of one or more persons associated with Promises Broken, WME, the WME Agents, OCL, OCL2, the OCL Agents, UFG, Gala Radio, the UFG Agents, KBE, M Rosenberg and/or N Rosenberg. 142. Plaintiff would have taken actions sooner to recover monies owed to Plaintiff had it not been for the misrepresentations and/or concealment carried out by WME, the WME Agents, OCL, OCL2, the OCL Agents, UFG, and/or the UFG Agents acting on behalf of WME and/or one or more persons associated with Promises Broken.
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143. Upon information and belief, WME, the WME Agents, OCL, OCL2, the OCL Agents, UFG, the UFG Agents, WSB, and/ or the CPA did from April 1997 to today misrepresent and/or conceal from Plaintiff the prior wrongdoings and/or criminal acts of one or more persons associated with Promises Broken, WME, the WME Agents, OCL, OCL2, the OCL Agents, UFG, Gala Radio, the UFG Agents, KBE, M Rosenberg and/or N Rosenberg. 144. Plaintiff would have taken actions sooner to recover monies owed to Plaintiff had it not been for the misrepresentations and/or concealment carried out by WME, the WME Agents, OCL, OCL2, the OCL Agents, UFG, the UFG Agents, WSB and/ or the CPA acting on behalf of WME and/or one or more persons associated with Promises Broken. 145. Upon information and belief, there have been numerous interstate and/or international wire transfers, checks and/or money transfers, over the last 18 or more years, executed by one or more persons associated with Promises Broken of money stolen from Plaintiff in the United States involving the Bank of New York Mellon, the Bank of Boston Connecticut, Barclay's Bank, Fleet Bank, Chase Bank, Bank of America, Bank of Boston Connecticut Private Wealth Management and/or Western Union. 146. Upon information and belief, some or all of the aforementioned banks are federally insured. 147. Upon information and belief, from May 9, 1997 to present, one or more persons associated with Promises Broken are occasionally transferring, interstate and/or internationally, through US Trust, Barclay's Bank, Western Union and/or other banks monies derived from the illegal acts carried out by one or more persons associated with Promises Broken against Plaintiff. 148. Upon information and belief, some or all of the aforementioned banks are federally insured. 149. What follows now are five major films and/or audio-visual works and/or agreements involving millions of dollars that one or more of the persons associated with Promises Broken stole from Plaintiff and/or earnings that were not disclosed on the fraudulent EHP and, upon information and belief, had not been disclosed on any of the 20+ Reports. 150. Plaintiff's interest in the film A Promise Kept that was produced in 1994 is documented by the agreement (PK Agreement) that was only discovered by Plaintiff on or about November 2011 attached hereto as Exhibit 10. 151. Despite the fact that A Promise Kept was Plaintiff's life story; WME, WME Agents, the OCL Agents and/or the UFG Agents caused the producer of A Promise Kept to execute the PK Agreement with OCL for all rights and compensation due to Plaintiff with the exception of amounts required to be paid directly for pension and welfare in accordance with the SAG collective bargaining agreement. 152. As part of a scheme or artifice to defraud Plaintiff, WME, WME Agents, the OCL Agents, the UFG Agents and/or one or more persons associated with Promises Broken caused Petrenko, Zmievskaya's son-in-law who is/was married to Zmievskaya's daughter N Petrenko, to be included, to the detriment of Plaintiff, in the PK Agreement even though A Promise Kept was Plaintiff's life story and in which Petrenko had had a negligible role, if any, in Plaintiff's real life to that date since Plaintiff had only met Petrenko about one year before the Olympics and Petrenko was not nearly as big a star as Plaintiff. 153. There exists no valid basis as to why WME, the WME Agents, the OCL Agents, the UFG Agents and/or one or more other persons associated with Promises Broken could have expected or should expect Plaintiff to share any compensation and/ or royalties from A Promise Kept with Petrenko and any and all amounts paid and/or payable to Petrenko are a theft of monies from Plaintiff and Plaintiff has been damaged by such theft. 154. Upon information and belief, Plaintiff's stolen monies, held in federally insured banks, were knowingly and/or fraudulently transferred interstate and/or internationally by WME and/or one or more other persons associated with Promises Broken.
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155. As part of a scheme or artifice to defraud Plaintiff, WME, WME Agents, the OCL Agents, the UFG Agents and/or one or more persons associated with Promises Broken caused Zmievskaya to be included in the PK Agreement even though A Promise Kept was Plaintiff's life story and in which Zmievskaya had had only a small role in Plaintiff's real life having only met Plaintiff about one year before the Olympics. 156. There exists no valid basis as to why WME, the WME Agents, the OCL Agents, the UFG Agents and/or one or more persons associated with Promises Broken could have expected Plaintiff to share any compensation and/or royalties from A Promise Kept with Zmievskaya and any and all amounts paid and/or payable to Zmievskaya are a theft of monies from Plaintiff and Plaintiff has been damaged by such theft. 157. Upon information and belief, Plaintiff's stolen monies, held in federally insured banks, were knowingly and/or fraudulently transferred interstate and/or internationally by WME and/or one or more other persons associated with Promises Broken. 158. Under Section 2 of the PK Agreement (see Exhibit 10), OCL, and thus Plaintiff, is entitled to receive as a continuing royalty of 30% of 100% of first dollar adjusted gross income at the source for A Promise Kept. 159. Under Section 4 of the PK Agreement (see Exhibit 10), Zmievskaya took a pay-or-play fee of $50,000 for ice staging the skating sequences. 160. Many skating choreographers could have competently done the ice staging for the skating sequences for as little as $5,000. 161. The $50,000 fee for Zmievskaya was and is a theft of at least $45,000 from Plaintiff since it reduced the amount that Plaintiff would be paid for A Promise Kept by $45,000 and Plaintiff has been damaged by such theft. 162. Upon information and belief, Plaintiff's stolen monies, held in federally insured banks, were knowingly and/or fraudulently transferred interstate and/or internationally by WME and/or one or more other persons associated with Promises Broken. 163. Only two days after the initial Baiul Agreements were signed, under Section 5 of the PK Agreement (see Exhibit 10), WME took fees as the TV packaging agent for A Promise Kept equal to 6% of the network license fee plus 10% of adjusted gross receipts. 164. OCL was paid $500,000 by WME as Plaintiff's compensation for A Promise Kept but Plaintiff never received any of these funds and they were never reported to Plaintiff by WME, OCL, OCL2 or WSB. 165. OCL, the OCL Agents, UFG and/or the UFG Agents stole this $500,000 from Plaintiff. 166. WME aided and abetted in this theft of $500,000 from Plaintiff. 167. Upon information and belief, Plaintiff's stolen $500,000, held in a federally insured bank(s), was knowingly and/or fraudulently transferred interstate and/or internationally by WME and/or persons associated with Promises Broken. 168. So while WME had managed to negotiate itself a favorable agreement as the TV packaging agent after only two days of work, WME failed to collect and transfer to Plaintiff any monies (including compensation, royalties and/or residuals) that were due to Plaintiff under the PK Agreement as WME was required to do as Plaintiff's agent.
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169. Upon information and belief, WME, OCL, OCL2, Zmievskaya and/or Petrenko were all paid for A Promise Kept from monies that WME had collected on Plaintiff's behalf however Plaintiff was never paid for A Promise Kept despite the fact that Plaintiff's Authorization (see Exhibit 2) required WME to collect monies on behalf of Plaintiff, deduct WME's commissions, if any, from such monies collected and then transfer to Plaintiff personally the balance of all monies collected. 170. The transfer to legal strangers by WME of $500,000 of monies due and payable to Plaintiff was a theft of monies from Plaintiff by one or more persons associated with Promises Broken and/or WME and Plaintiff has been damaged by such theft. 171. Upon information and belief, one or more persons associated with Promises Broken and/or WME sent the PK Agreement by mail and/or fax to various parties. 172. The PK Agreement was fraudulent because it falsely allowed for the theft of monies from Plaintiff by WME, OCL, OCL2, Zmievskaya, Petrenko, N Petrenko, Lemire, Babich, UFG and/or one or more other persons associated with Promises Broken. 173. As part of a scheme or artifice to defraud Plaintiff, WME transferred to legal strangers monies owed to Plaintiff under the PK Agreement and any and all such transfers would constitute a theft of monies from Plaintiff and Plaintiff has been damaged by such theft. 174. Any and all money transfers and/or payments of Plaintiff's monies under the PK Agreement made by WME to legal strangers would have been done by wire transfer and/or by check sent by mail. 175. Any and all amounts of Plaintiff's monies under the PK Agreement sent to legal strangers by WME without Plaintiff's written authorization, by wire transfer and/or by check sent by mail would have been fraudulent and also would have been a theft(s)of monies from Plaintiff. 176. Upon information and belief, Plaintiff's stolen monies, held in federally insured banks, were knowingly and/or fraudulently transferred interstate and/or internationally by WME and/or one or more other persons associated with Promises Broken. 177. Upon information and belief, A Promise Kept is still being licensed through the date of this Complaint. 178. Upon information and belief, through the date of this Complaint, WME should still be collecting royalties on behalf of Plaintiff for A Promise Kept and transferring such monies to Plaintiff personally in accordance with the terms of Plaintiff's Authorization (see Exhibit 2). 179. Plaintiff has never received any accounting for A Promise Kept from WME, OCL, OCL2, WSB or SAG. 180. Plaintiff only discovered on or about December 2011 that A Promise Kept was subject to the SAG collective bargaining agreement. 181. Plaintiff was an actor and stunt performer in A Promise Kept. 182. Plaintiff is a member of SAG. 183. Plaintiff was a minor at the time that A Promise Kept was produced. 184. Plaintiff is a Ukrainian immigrant.
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185. Plaintiff is a figure skater. 186. As an actor and/or stunt performer in A Promise Kept, Plaintiff should have received no less than the minimum compensation and pension, health and welfare contributions as specified in the applicable SAG collective bargaining agreement. 187. As an actor and/or stunt performer in A Promise Kept, Plaintiff should have received and/or still be receiving residuals under the applicable SAG collective bargaining agreement. 188. Upon information and belief, for A Promise Kept, one or more other actors (who were not Ukrainian immigrants, figure skaters and/or minors) were paid compensation, one or more other actors (who were not Ukrainian immigrants, figure skaters and/or minors) received their pension, health and welfare contributions, one or more other actors (who were not Ukrainian immigrants, figure skaters and/or minors) have received residuals and one or more other persons (who were not Ukrainian immigrants, figure skaters and/or minors) have received royalties. 189. Plaintiff never received any compensation, pension, health and welfare contributions, royalties or residuals from the producers of A Promise Kept for A Promise Kept. 190. The failure by the producers of A Promise Kept to have paid minimum compensation, pension, health and welfare contributions and residuals are serious and material breaches by the producers of the applicable SAG collective bargaining agreement. 191. Plaintiff filed a claim with SAG for residuals for A Promise Kept on June 28, 2013. 192. Although A Promise Kept is Plaintiff's life story, to date, SAG has refused to provide any information on the claim other than to inform Plaintiff that some residuals have been paid to other actor(s) on the film but SAG has indicated that Plaintiff, a member of SAG, would have to serve SAG with a subpoena in order for SAG to produce any documents concerning A Promise Kept. 193. Upon information and belief, SAG is not required to protect the interests of the producers but rather SAG is required to enforce the terms of the applicable collective bargaining agreement on behalf of its members. 194. SAG's actions and/or inaction concerning Plaintiff's claim(s) for A Promise Kept are arbitrary. It is completely irrational for SAG to not pursue Plaintiff's claim for a film in which Plaintiff was clearly an actor and stunt performer as a minor and a film that was Plaintiff's life story. 195. Plaintiff has been subjected to discrimination by SAG because she is a Ukrainian immigrant, is a figure skater and/or was a minor at the time that A Promise Kept was produced. 196. SAG has failed to provide Plaintiff with fair representation for A Promise Kept. 197. WME has intentionally and/or negligently failed in its fiduciary duties to Plaintiff as concerns A Promise Kept. 198. WSB has intentionally and/or negligently failed in its in its fiduciary duties to Plaintiff as concerns A Promise Kept. 199. Plaintiff's interest in Nutcracker 1 which was produced in 1994 and in which Plaintiff starred in the lead role as Clara, is referenced in a production agreement between On Ice, Inc. (now known as Mendelson Entertainment Group) and NBC Sports Ventures, Inc. (NOI Agreement) that Plaintiff only discovered on or about October 22, 2012, attached hereto as Exhibit 11.
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200. Plaintiff does not have and was never given by WME, or any other person associated with Promises Broken, her performer's agreement for Nutcracker 1. 201. Upon information and belief, as part of a scheme or artifice to defraud Plaintiff, WME, the WME Agents, the OCL Agents, the UFG Agents and/or one or more other persons associated with Promises Broken caused Petrenko, Zmievskaya's son-in-law who is/was married to Zmievskaya's daughter N Petrenko, to be included, to the detriment of Plaintiff, in the Nutcracker 1. 202. There exists no valid basis as to why WME, the WME Agents, the OCL Agents, the UFG Agents and/or one or more other persons associated with Promises Broken could have expected or should expect Plaintiff to share any compensation and/ or royalties from Nutcracker 1 with Petrenko and any and all amounts paid and/or payable to Petrenko are a theft of monies from Plaintiff and Plaintiff has been damaged by such theft. 203. Upon information and belief, Plaintiff is owed significant monies for the Nutcracker 1. 204. Upon information and belief, Nutcracker 1 is still being licensed through the date of this Complaint. 205. Upon information and belief, through the date of this Complaint, WME should still be collecting royalties on behalf of Plaintiff for Nutcracker 1 and transferring such monies to Plaintiff personally in accordance with the terms of Plaintiff's Authorization (see Exhibit 2). 206. Upon information and belief, as part of a scheme or artifice to defraud Plaintiff, WME transferred to legal strangers monies owed to Plaintiff for Nutcracker 1 and any and all such transfers would constitute a theft of monies from Plaintiff and Plaintiff has been damaged by such theft. 207. Any and all money transfers and/or payments of Plaintiff's monies for Nutcracker 1 made by WME to legal strangers would have been done by wire transfer and/or by check sent by mail. 208. Any and all amounts of Plaintiff's monies for the Nutcracker 1 sent to legal strangers by WME without Plaintiff's written authorization, by wire transfer and/or by check sent by mail would have been fraudulent and also would have been a theft(s) of monies from Plaintiff. 209. Upon information and belief, Plaintiff's stolen monies, held in a federally insured bank(s), were knowingly and/or fraudulently transferred interstate and/or internationally by WME and/or one or more persons associated with Promises Broken. 210. Upon information and belief, NBC Sports Ventures, Inc., NBC Sports and/or their parent company was a SAG signatory at the time of production of Nutcracker 1. 211. Nutcracker 1 is and was advertised as a joint production of NBC Sports and On Ice, Inc. (now known as Mendelson Entertainment Group). 212. Upon information and belief, since NBC Sports produced Nutcracker 1, Nutcracker 1 is and was subject to the applicable SAG collective bargaining agreement. 213. Plaintiff was an actor and stunt performer in the Nutcracker 1. 214. Plaintiff was a minor at the time that the Nutcracker 1 was produced.
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215. As an actor and/or stunt performer in the Nutcracker 1, Plaintiff should have received no less than the minimum compensation and pension, health and welfare contributions as specified in the applicable SAG collective bargaining agreement. 216. As an actor and/or stunt performer in the Nutcracker 1, Plaintiff should have received and/or still be receiving residuals under the applicable SAG collective bargaining agreement. 217. Plaintiff has never received any accounting for the Nutcracker 1 from WME, OCL, OCL2, WSB or SAG. 218. Plaintiff never received any compensation, royalties or residuals for Nutcracker 1 from WME or anybody else. 219. Upon information and belief, the producers for Nutcracker 1 breached the terms of the SAG collective bargaining agreement. 220. Upon information and belief, SAG's actions and/or inaction concerning the producer's breaches are arbitrary. 221. Plaintiff has been subjected to discrimination by SAG because she is a Ukrainian immigrant, is a figure skater and/or was a minor at the time that Nutcracker 1 was produced. 222. SAG has failed to provide Plaintiff with fair representation for Nutcracker 1. 223. WME has intentionally and/or negligently failed in its fiduciary duties to Plaintiff as concerns Nutcracker 1. 224. WSB has intentionally and/or negligently failed in its in its fiduciary duties to Plaintiff as concerns Nutcracker 1. 225. Plaintiff's interest in Nutcracker 2 which was produced in 1994 and in which Plaintiff starred in the lead role as Clara, is referenced in a production agreement between On Ice, Inc. (now known as Mendelson Entertainment Group) and NBC Sports Ventures, Inc. (NOI Agreement) that Plaintiff only discovered on or about October 22, 2012, attached hereto as Exhibit 11. 226. Plaintiff does not have and was never given by WME, or any other person associated with Promises Broken, her performer's agreement for Nutcracker 2. 227. Upon information and belief, Plaintiff is owed significant monies for the Nutcracker 2. 228. Upon information and belief, Nutcracker 2 is still being licensed through the date of this Complaint. 229. Upon information and belief, through the date of this Complaint, WME should still be collecting royalties on behalf of Plaintiff for Nutcracker 2 and transferring such monies to Plaintiff personally in accordance with the terms of Plaintiff's Authorization (see Exhibit 2). 230. Upon information and belief, as part of a scheme or artifice to defraud Plaintiff, WME transferred to legal strangers monies owed to Plaintiff for Nutcracker 2 and any and all such transfers would constitute a theft of monies from Plaintiff and Plaintiff has been damaged by such theft. 231. Any and all money transfers and/or payments of Plaintiff's monies for Nutcracker 2 made by WME to legal strangers would have been done by wire transfer and/or by check sent by mail.
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232. Any and all amounts of Plaintiff's monies for the Nutcracker 2 sent to legal strangers by WME without Plaintiff's written authorization, by wire transfer and/or by check sent by mail would have been fraudulent and also would have been a theft(s) of monies from Plaintiff. 233. Upon information and belief, Plaintiff's stolen monies, held in a federally insured bank(s), were knowingly and/or fraudulently transferred interstate and/or internationally by WME and/or on or more other persons associated with Promises Broken. 234. Upon information and belief, NBC Sports Ventures, Inc., NBC Sports and/or their parent company was a SAG signatory at the time of production of Nutcracker 2. 235. Nutcracker 2 is and was advertised as a joint production of NBC Sports and On Ice, Inc. (now known as Mendelson Entertainment Group). 236. Upon information and belief, since NBC Sports produced Nutcracker 2, Nutcracker 2 is and was subject to the SAG collective bargaining agreement. 237. Plaintiff was an actor and stunt performer in the Nutcracker 2. 238. Plaintiff was a minor at the time that the Nutcracker 2 was produced. 239. As an actor and/or stunt performer in the Nutcracker 2, Plaintiff should have received no less than the minimum compensation and pension, health and welfare contributions as specified in the applicable SAG collective bargaining agreement. 240. As an actor and/or stunt performer in the Nutcracker 2, Plaintiff should have received and/or still be receiving residuals under the applicable SAG collective bargaining agreement. 241. Plaintiff has never received any accounting for the Nutcracker 2 from WME, OCL, OCL2, WSB or SAG. 242. Plaintiff never received any compensation, royalties or residuals for Nutcracker 2 from WME or anybody else. 243. Upon information and belief, the producers for Nutcracker 2 breached the terms of the applicable SAG collective bargaining agreement. 244. Upon information and belief, SAG's actions and/or inaction concerning the producer's breaches are arbitrary. 245. Plaintiff has been subjected to discrimination by SAG because she is a Ukrainian immigrant, is a figure skater and/or was a minor at the time that Nutcracker 2 was produced. 246. SAG has failed to provide Plaintiff with fair representation for Nutcracker 2. 247. WME has intentionally and/or negligently failed in its fiduciary duties to Plaintiff as concerns Nutcracker 2. 248. WSB has intentionally and/or negligently failed in its in its fiduciary duties to Plaintiff as concerns Nutcracker 2. 249. In 1994, Sony Signatures, Inc. desired to obtain certain merchandising rights of Plaintiff.
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250. Plaintiff discovered on or about November 2011 a Merchandising License Agreement (Sony Agreement), attached hereto as Exhibit 12. 251. WME, the WME Agents, the OCL Agents and/or the UFG Agents caused the Sony Agreement to be executed on or about November 1, 1994 by and between Sony Signatures, Inc. (Sony) and OCL for all rights and compensation due to Plaintiff. 252. Upon information and belief, as part of a scheme or artifice to defraud Plaintiff by WME, WME Agents, the OCL Agents, the UFG Agents and/or one or more other persons associated with Promises Broken, caused Petrenko, Zmievskaya's son-in-law who is/was married to Zmievskaya's daughter N Petrenko, to be included, to the detriment of Plaintiff, in the Sony Agreement. 253. Upon information and belief, Plaintiff was the only figure skater at the time that had a merchandising and licensing agreement with Sony Signatures and/or any major company similar to Sony Signatures, of course, with the exception of Petrenko who had been fraudulently added to the Sony Agreement. 254. Upon information and belief, one or more persons associated with Promises Broken and/or WME sent the Sony Agreement by mail and/or fax to various parties. 255. The Sony Agreement was fraudulent because it falsely provided for the theft of monies from Plaintiff by Petrenko, OCL and/or one or more other persons associated with Promises Broken. 256. There exists no valid basis as to why WME, the WME Agents, the OCL Agents, the UFG Agents and/or one or more other persons associated with Promises Broken could have expected or should expect Plaintiff to share any compensation and/ or royalties with Petrenko and any and all amounts paid and/or payable to Petrenko are a theft of monies from Plaintiff and Plaintiff has been damaged by such theft. 257. Under Section 5.1 of the Sony Agreement (see Exhibit 12), OCL, and thus Plaintiff, was to receive an advance from Sony of $100,000 within seven business days of execution of the Sony Agreement. 258. Under Section 5.2 of the Sony Agreement (see Exhibit 12), OCL, and thus Plaintiff, was to receive 90% of Gross Sales from Tour Royalties. 259. Under Section 5.2.2 of the Sony Agreement (see Exhibit 12), OCL, and thus Plaintiff, was to receive 80% of Net Receipts from sublicensees solicited by Sony and 90% of Net Receipts from sublicensees solicited by WME. 260. Under Section 5.2.3 of the Sony Agreement (see Exhibit 12), OCL, and thus Plaintiff, was to receive 60% of Net Profit from the sale of Signatures Collectibles. 261. OCL, and thus Plaintiff, was to receive additional compensation for sales through other channels of distribution as specified in Section 5.2.4 of the Sony Agreement (see Exhibit 12). 262. OCL, and thus Plaintiff, was to receive additional compensation under other Sections of the Sony Agreement. 263. Plaintiff alone is specified in Section 6.3 of the Sony Agreement (see Exhibit 12) as concerns when Sony has a right to sell. This clearly indicates that Sony only cared about having the rights from Baiul whereas Petrenko was wrongly included, to the detriment of Plaintiff, in the Sony Agreement by WME, WME Agents, the OCL Agents, the UFG Agents and/or one or more other persons associated with Promises Broken in order to steal monies from Plaintiff.
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264. On March 14, 1995, Dworkin acting on behalf of WME wire transferred $11,045.70 to OCL with the reference Sony Signature Series (Proof of Royalty Payment), attached hereto as Exhibit 13. This was clearly a royalty payment from Sony and means that the $100,000 advance must have been paid by Sony prior to this date because Sony would not be paying royalties if they had not already recouped the advance of $100,000 as specified in the Sony Agreement. 265. Upon information and belief, Plaintiff is owed significant monies under the Sony Agreement. 266. Any monies that WME received on behalf of Plaintiff under the Sony Agreement should have been transferred to Plaintiff personally in accordance with the terms of Plaintiff's Authorization (see Exhibit 2). 267. Upon information and belief, as part of a scheme or artifice to defraud Plaintiff, WME transferred to legal strangers monies owed to Plaintiff under the Sony Agreement and any and all such transfers would constitute a theft of monies from Plaintiff and Plaintiff has been damaged by such theft. 268. Any and all money transfers and/or payments of Plaintiff's monies under the Sony Agreement made by WME to legal strangers would have been done by wire transfer and/or by check sent by mail. 269. Any and all amounts of Plaintiff's monies under the Sony Agreement sent to legal strangers by WME without Plaintiff's written authorization, by wire transfer and/or by check sent by mail would have been fraudulent and also would have been a theft(s)of monies from Plaintiff. 270. Upon information and belief, Plaintiff's stolen monies, held in a federally insured bank(s), were knowingly and/or fraudulently transferred interstate and/or internationally by WME and/or one or more other persons associated with Promises Broken. 271. Plaintiff never received any monies under the Sony Agreement and no monies were ever reported to Plaintiff by WME, OCL, OCL2 and/or WSB. 272. Plaintiff starred as Dorothy in the Wizard of Oz that was produced in 1995. 273. Plaintiff does not have and was never given by WME, or any other member of Promises Broken, her performer's agreement for the Wizard of Oz. 274. Upon information and belief, as part of a scheme or artifice to defraud Plaintiff, WME, WME Agents, the OCL Agents, the UFG Agents and/or one or more other persons associated with Promises Broken caused Petrenko, Zmievskaya's son-in-law who is/was married to Zmievskaya's daughter N Petrenko, to be included, to the detriment of Plaintiff, in the Wizard of Oz. 275. There exists no valid basis as to why WME, the WME Agents, the OCL Agents, the UFG Agents and/or one or more other persons associated with Promises Broken could have expected or should expect Plaintiff to share any compensation and/ or royalties from the Wizard of Oz with Petrenko and any and all amounts paid and/or payable to Petrenko are a theft of monies from Plaintiff and Plaintiff has been damaged by such theft. 276. Upon information and belief, Plaintiff is owed significant monies for the Wizard of Oz. 277. Upon information and belief, Wizard of Oz is still being licensed through the date of this Complaint.
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278. Upon information and belief, through the date of this Complaint, WME should still be collecting royalties on behalf of Plaintiff for Wizard of Oz and transferring such monies to Plaintiff personally in accordance with the terms of Plaintiff's Authorization (see Exhibit 2). 279. Upon information and belief, as part of a scheme or artifice to defraud Plaintiff, WME transferred to legal strangers monies owed to Plaintiff for Wizard of Oz and any and all such transfers would constitute a theft of monies from Plaintiff and Plaintiff has been damaged by such theft. 280. Any and all money transfers and/or payments of Plaintiff's monies for the Wizard of Oz made by WME to legal strangers would have been done by wire transfer and/or by check sent by mail. 281. Any and all amounts of Plaintiff's monies for the Wizard of Oz sent to legal strangers by WME without Plaintiff's written authorization, by wire transfer and/or by check sent by mail would have been fraudulent and also would have been a theft(s)of monies from Plaintiff. 282. Upon information and belief, Plaintiff's stolen monies, held in a federally insured bank(s), were knowingly and/or fraudulently transferred interstate and/or internationally by WME and/or one or more other persons associated with Promises Broken. 283. Upon information and belief, because the Wizard of Oz was a CBS television special, the production company was required to be a SAG signatory and the production company was thus subject to the applicable SAG collective bargaining agreement. 284. Plaintiff was an actor and stunt performer in the Wizard of Oz. 285. Plaintiff was a minor at the time that the Wizard of Oz was produced. 286. As an actor and/or stunt performer in the Wizard of Oz, Plaintiff should have received no less than the minimum compensation and pension, health and welfare contributions as specified in the applicable SAG collective bargaining agreement. 287. As an actor and/or stunt performer in the Wizard of Oz, Plaintiff should have received and/or still be receiving residuals under the applicable SAG collective bargaining agreement. 288. Plaintiff has never received any accounting for the Wizard of Oz from WME, OCL, OCL2, WSB or SAG. 289. Plaintiff never received any compensation, royalties or residuals for the Wizard of Oz and no compensation, royalties or residuals were ever reported to Plaintiff by WME, OCL, OCL2, WSB and/or SAG for the Wizard of Oz. 290. Upon information and belief, the production company for the Wizard of Oz breached the terms of the SAG collective bargaining agreement. 291. Upon information and belief, SAG's actions and/or inaction concerning the production company's breaches are arbitrary. 292. Plaintiff has been subjected to discrimination by SAG because she is a Ukrainian immigrant, is a figure skater and/or was a minor at the time that the Wizard of Oz was produced. 293. SAG has failed to provide Plaintiff with fair representation for the Wizard of Oz.
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294. WME has intentionally and/or negligently failed in its fiduciary duties to Plaintiff as concerns the Wizard of Oz. 295. WSB has intentionally and/or negligently failed in its in its fiduciary duties to Plaintiff as concerns the Wizard of Oz. 296. One or more persons associated with Promises Broken and/or WME stole from Plaintiff, failed to account for and/or remit the following payments to Plaintiff: a. At least $5,016,255 reported by WME on Plaintiff's EHR but paid to persons associated with Promises Broken, their agents, assigns, predecessors, or successors in interest. b. At least $150,000 paid to one or more persons associated with Promises Broken, their agents, assigns, predecessors, or successors in interest by QVC, Inc., Giovanni Jewelry Co., and Imperial Delta, Inc. for the Oksana Baiul Jewelry Collection. c. All compensation paid to KBE, M Rosenberg, N Rosenberg and/or one or more other persons associated with Promises Broken, their agents, assigns, predecessors or successors in interest earned from a multi-year, multi-million dollar endorsement deal with Mars, Inc. and its predecessors in interest for Plaintiff's endorsement of Snickers brand candy bars. d. At least $100,000 to be advanced to Plaintiff and all subsequent merchandising and/or licensing royalties under the Sony Agreement. e. Earnings of $500,000 from A Promise Kept. f. Earnings, royalties, and/or residuals from film and television licenses for films and/or audio-visual works including but not limited to A Promise Kept, Nutcracker 1, Nutcracker 2 and the Wizard of Oz. g. Royalty earnings from the bestseller books Oksana: My Own Story and Oksana Baiul: Secrets of Skating. h. Guaranteed, residual and/or royalty payments under an October 1995 license for a HealthRider infomercial. i. Any and all residual payments made pursuant to the Film Contract and Television Contract. j. All other payments owing to Plaintiffs that WME retained or transferred to legal strangers, which may be proven at trial.
297. Despite WME's fiduciary relationship with Plaintiff, a non-English speaking minor, Defendants permitted monies properly owing to Plaintiff to be sent without Plaintiff's consent to legal strangers including OCL, the OCL Agents, UFG, the UFG Agents, and/or one or more other persons associated with Promises Broken. 298. Upon information and belief, from 1993-1997, the total amount stolen from Plaintiff was no less than $20,016,255. 299. WSB, Black, Wallin and/or Suskind continually represented Plaintiff from 1997 through 2012 as Plaintiff's certified public accountant(s). 300. From 1997 through 2011, Plaintiff significantly overpaid federal, state and/or foreign withholding taxes and should have received considerable monies in tax refunds if WSB, Black, Wallin and/or Suskind had properly and timely filed all tax returns. 301. However, Plaintiff lost considerable monies in unclaimed tax refunds and has been damaged as a direct result of the failure of WSB, Black, Wallin and/or Suskind to file proper and timely federal, state and/or foreign tax returns for Plaintiff.
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302. A competent certified public accountant would have timely filed proper federal, state and/or foreign tax returns for Plaintiff. 303. From 1997 through 2012, Plaintiff has been damaged by misrepresentations, concealment and/or destruction of evidence by WSB, Black, Wallin and/or Suskind. 304. Because WME, WSB, Black, Wallin and/or Suskind actively concealed their roles in Promises Broken, in material breach by WME of the Baiul Agreements and in their other duties to Plaintiff, Plaintiff's reasonable and diligent investigation did not and could not have revealed the following: a. WME's failure to account for certain monies owing to Plaintiff; b. WME's unauthorized transfers to legal strangers of monies collected by WME on behalf of Plaintiff; c. WME's intentional and/or negligent misrepresentations regarding Plaintiff's earnings, legal relationships, and promises made pursuant to the Baiul Agreements; d. WME's false promises that it would manage and pay Plaintiff all of the monies owed to Plaintiff as a result of employment procured by WME on Plaintiff's behalf; e. All other breaches of contractual and tort duties to be discovered at trial. The foregoing breaches occurred continuously from the time the agreements were executed on May 9, 1994 up to and through the filing of this Complaint.
305. From 1993 to present, the goal or purpose of one or more persons associated with Promises Broken was to steal from Plaintiff and/or to illegally enrich themselves from the labors of Plaintiff and/or to conceal the illegal acts and/or theft committed against Plaintiff and such criminal acts continue through the date of filing of this Complaint.
FIRST CAUSE OF ACTION Racketeer Influenced And Corrupt Organizations Act (RICO) 18 U.S.C. Section 1961 et seq. 306. Plaintiff incorporates by reference the allegations of paragraphs 1 through 305 inclusive, as though fully set forth herein. 307. It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity. 308. WME, Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg are and/or were persons associated with the criminal enterprise Promises Broken. 309. WME, Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg reside in and/or are domiciled in and/or work in multiple states and/or foreign countries and Promises Broken was and/or is engaged in and/or the activities
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of Promises Broken affect and/or affected interstate and/or foreign commerce. There were one or more interstate and/or international bank transfers made by WME, Dworkin, Lemire and/or other persons associated with Promises Broken. 310. WME, Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg have conducted and/or continue to conduct the affairs of Promises Broken through a pattern of racketeering activity which included and/or includes mail fraud, wire fraud, theft, bank fraud, interstate transportation of stolen property, money laundering, conspiracy and/or obstruction of justice against Plaintiff. 311. Upon information and belief, from 1994-2011, WME voluntarily and intentionally participated a scheme or artifice to defraud Plaintiff out of money by use of interstate mails and/or interstate wires and it was reasonably foreseeable that interstate mails and/or interstate wire communications would be used. 312. Upon information and belief, the 20+ Reports were fraudulent and delivered by the interstate mails and/or interstate wires. 313. Upon information and belief, WME intended to defraud Plaintiff. 314. Upon information and belief, Plaintiff's rightful monies due were the objects of the scheme. 315. On or about November 19, 2011 WME utilized a scheme or artifice to defraud Plaintiff by use of the interstate wires and it was reasonably foreseeable that interstate wire communications would be used. 316. Plaintiff's rightful monies due were the objects of the scheme. The interstate wires were utilized to further the scheme. 317. On or about November 19, 2011, WME sent to Plaintiff by e-mail the EHP. 318. Plaintiff reasonably relied upon the EHP but the EHP was subsequently found to be fraudulent. 319. The EHP reported $5,016,255 that had never been personally paid to Plaintiff but had been stolen and paid to legal strangers. 320. Furthermore, the EHP did not include compensation, residuals and/or royalties for A Promise Kept, Nutcracker 1, Nutcracker 2, Wizard of Oz, the Sony Agreement, the HealthRider Infomercial and other sources of earnings and/or income that Plaintiff reasonably believes is no less than $36,079,706. 321. Upon information and belief, some or all of the $36,079,706 had been stolen and paid to legal strangers and/or had been due but uncollected by WME because WME had been concealing criminal acts that had occurred from 1994-1997. 322. Upon information and belief, on or about June 22, 1993, Plaintiff was allegedly paid $75000 by wire transfer for Plaintiff's work on the Tom Collins Shows but Plaintiff never received such funds and believes that this $75,000 was stolen from Plaintiff by Zmievskaya, Petrenko, N Petrenko and/or Lemire. 323. Upon information and belief, on or about April 26, 1994, KBE, in violation of the laws against interstate transportation of stolen property and bank fraud, knowingly and/or fraudulently received by interstate mail check #5667 in an amount of $104,000 and deposited such check drawn on a federally insured bank.
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324. Upon information and belief, this $104,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/or N Rosenberg since it was Plaintiff's earnings from the Tom Collins Shows but Plaintiff had never authorized that KBE, M Rosenberg and/or N Rosenberg be paid for Plaintiff's work. 325. Upon information and belief, on or about May 11, 1994, KBE, in violation of the laws against interstate transportation of stolen property and bank fraud, knowingly and/or fraudulently received by interstate mail check #5716 in an amount of $96,000 and deposited such check drawn on a federally insured bank. 326. Upon information and belief, this $96,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/or N Rosenberg since it was Plaintiff's earnings from the Tom Collins Shows but Plaintiff had never authorized that KBE, M Rosenberg and/or N Rosenberg be paid for Plaintiff's work. 327. Upon information and belief, on or about May 18, 1994, KBE, in violation of the laws against interstate transportation of stolen property and bank fraud, knowingly and/or fraudulently received by interstate mail check #5767 in an amount of $72,000 and deposited such check drawn on a federally insured bank. 328. Upon information and belief, this $72,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/or N Rosenberg since it was Plaintiff's earnings from the Tom Collins Shows but Plaintiff had never authorized that KBE, M Rosenberg and/or N Rosenberg be paid for Plaintiff's work. 329. Upon information and belief, on or about May 23, 1994, KBE, in violation of the laws against interstate transportation of stolen property and bank fraud, knowingly and/or fraudulently received by interstate mail check #5773 in an amount of $288,000 and deposited such check drawn on a federally insured bank. 330. Upon information and belief, this $288,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/or N Rosenberg since it was Plaintiff's earnings from the Tom Collins Shows but Plaintiff had never authorized that KBE, M Rosenberg and/or N Rosenberg be paid for Plaintiff's work. 331. Upon information and belief, on or about July 21, 1994, WME, in violation of the laws against interstate transportation of stolen property and bank fraud, knowingly and/or fraudulently received a wire transfer in an amount of $205,000 through a federally insured bank and this $205,000 wire transfer was money stolen from Plaintiff by WME since it was Plaintiff's earnings from the Tom Collins Shows but Plaintiff never received this $205,000 less commissions from WME. 332. On or about August 2, 1994, WME and/or one or more other persons associated with Promises Broken co-signed Mutual Settlement and Release Agreements transferring no less than $200,000 that belonged to Plaintiff to settle a dispute between UFG Agents, OCL Agents, Lemire, Babich, UFG, KBE, M Rosenberg and/or N Rosenberg. 333. Upon information and belief, on or about September 1994, Lemire stole $40,000 of Plaintiff's monies even though he knew that Plaintiff was not personally involved in such dispute between legal strangers and/or that Plaintiff had no knowledge that Plaintiff's funds were being used to settle a dispute between legal strangers and/or that Plaintiff had not even signed the Mutual Settlement and Release Agreements. 334. Upon information and belief, on or about September 1994, in violation of the laws against interstate transportation of stolen property and bank fraud, Lemire and/or one or more other persons associated with Promises Broken knowingly and/or fraudulently transferred interstate and/or internationally, from a federally insured bank, the $40,000 stolen from Plaintiff and used such stolen funds to purchase the license(s) for Gala Radio in the Ukraine.
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335. Upon information and belief, on or about September 1994, Lemire and/or one or more other persons associated with Promises Broken engaged in money laundering in violation of 18 U.S.C. 1956 by knowingly transferring the $40,000 stolen from Plaintiff from or through a federally insured bank with the intent to conceal the proceeds by using such stolen proceeds to purchase the license(s) for Gala Radio in the Ukraine. 336. Upon information and belief, on or about November 1994, UFG stole $40,000 of Plaintiff's monies even though UFG knew that Plaintiff was not personally involved in such dispute between legal strangers and/or that Plaintiff had no knowledge that Plaintiff's funds were being used to settle a dispute between legal strangers and/or that Plaintiff had not even signed the Mutual Settlement and Release Agreements. 337. Upon information and belief, on or about November 1994, in violation of the laws against interstate transportation of stolen property and bank fraud, UFG, Lemire and/or Babich and/or one or more other persons associated with Promises Broken knowingly and/or fraudulently transferred interstate and/or internationally, from a federally insured bank, the $40,000 stolen from Plaintiff and used such stolen funds to purchase the license(s) for Gala Radio. 338. Upon information and belief, on or about November 1994, UFG, Lemire and/or Babich and/or one or more other persons associated with Promises Broken engaged in money laundering in violation of 18 U.S.C. 1956 by knowingly transferring the $40,000 stolen from Plaintiff from or through a federally insured bank with the intent to conceal the proceeds by using such stolen proceeds to purchase the license(s) for Gala Radio in the Ukraine. 339. Upon information and belief, Gala Radio is owned and/or controlled by Lemire and/or Babich and/or UFG. 340. Upon information and belief, Gala Radio is an extremely successful business. 341. Upon information and belief, Gala Radio is a premiere sponsor of the National Olympic Committee of the Ukraine for its bid for the 2022 Winter Olympic Games. 342. Upon information and belief, Gala Radio only exists today because of monies stolen by UFG and/or Lemire and/or Babich from Plaintiff, the Ukraine's first and only Winter Olympic Gold Medalist. 343. Upon information and belief, Lemire and/or Gala Radio has brought suit and won more than $12,000,000 in damages against the Ukrainian government related to Gala Radio, Oksana Baiul Beauty Salons and/or Oksana Baiul real estate holdings. 344. Lemire has for many years (1993-present) misrepresented himself as Plaintiff's equal partner in the above businesses and while substantial money and/or property stolen from Plaintiff by Lemire had been used to obtain such businesses, Plaintiff currently has no ownership of such businesses. 345. Upon information and belief, Lemire, Gala Radio, Babich and/or UFG intentionally and substantially interfered with Plaintiff's property by taking possession of and/or stolen monies and/or property worth no less than $15,000,000 from Plaintiff in the Ukraine. 346. Upon information and belief, in September 1994, KBE, M Rosenberg and/or N Rosenberg stole $60,000 of Plaintiff's monies even though one or more knew that Plaintiff was not personally involved in such dispute between legal strangers and/ or that Plaintiff had no knowledge that Plaintiff's funds were being used to settle a dispute between legal strangers and/or that Plaintiff had not even signed the Mutual Settlement and Release Agreements.
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347. Upon information and belief, in September 1994, in violation of the laws against interstate transportation of stolen property and bank fraud, WME knowingly and/or fraudulently transferred to KBE by interstate mail a check for $60,000 drawn on a federally insured bank and this $60,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/or N Rosenberg. 348. Upon information and belief, in September 1994, WME engaged in money laundering in violation of 18 U.S.C. 1956 by knowingly transferring by check $60,000 stolen from Plaintiff from or through a federally insured bank with the intent to conceal the proceeds. 349. Upon information and belief, in November 1994, KBE, M Rosenberg and/or N Rosenberg stole $60,000 of Plaintiff's monies even though one or more knew that Plaintiff was not personally involved in such dispute between legal strangers and/ or that Plaintiff had no knowledge that Plaintiff's funds were being used to settle a dispute between legal strangers and/or that Plaintiff had not even signed the Mutual Settlement and Release Agreements. 350. Upon information and belief, in November 1994, in violation of the laws against interstate transportation of stolen property and bank fraud, WME knowingly and/or fraudulently transferred to KBE by interstate mail a check for $60,000 drawn on a federally insured bank and this $60,000 check was money stolen from Plaintiff by KBE, M Rosenberg and/or N Rosenberg. 351. Upon information and belief, in November 1994, WME engaged in money laundering in violation of 18 U.S.C. 1956 by knowingly transferring by check $60,000 stolen from Plaintiff from or through a federally insured bank with the intent to conceal the proceeds. 352. Zmievskaya, Petrenko, N Petrenko, Lemire, Babich, Gala Radio, OCL, OCL2 and/or UFG stole in the aggregate $20,016,255 or more from Plaintiff from 1993-1997. 353. From 1994 to the date of this Complaint, WME, Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg conspired to conceal the theft of monies from Plaintiff. 354. Upon information and belief, from 1994-1997, WME, Schultz, Carlisle, Griffin, Dworkin, Hersh, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire and/or Babich knowingly participated in a scheme by means of material false pretenses, representations and/or promises to obtain by fraud Plaintiff's monies, including, but not limited to the $500,000 for A Promise Kept and the $100,000 under the Sony Agreement, held in the custody of a federally insured bank or banks. Based upon the applicable contracts, such monies should have been transferred to Plaintiff personally but were instead transferred to legal strangers. 355. Upon information and belief, from 1994-1997, WME, Dworkin, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg knowingly and/or fraudulently transferred interstate, from a federally insured bank(s), no less than $20,016,255 stolen from Plaintiff. 356. Upon information and belief, from 1994-1997, WME, Dworkin, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire and/or Babich knowingly participated in the interstate transportation of property stolen from Plaintiff in excess of $20,016,255. Any and all monies due to Plaintiff, including, but not limited to the $500,000 for A Promise Kept and the $111,045.70 under the Sony Agreement (See Exhibit 13), that were knowingly transferred to legal strangers by WME and/or one or more of the other persons associated with Promises Broken, without Plaintiff's written authorization, constitute interstate transportation of property stolen from Plaintiff.
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357. Upon information and belief, from 1994-1997, WME, Dworkin, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire and/or Babich engaged in money laundering in violation of 18 U.S.C. 1956 by knowingly transferring no less than $20,016,255 stolen from Plaintiff from or through a federally insured bank with the intent to conceal the proceeds. 358. Upon information and belief, on or about November or December 2011, WSB, Black, Wallin and/or Suskind engaged in obstruction of justice by corruptly altering, destroying, mutilating or concealing a record, document, or other object, or attempting to do so, with the intent to impair the objects integrity or availability for use in an official proceeding. 359. On or about mid-November 2011, Farina requested, with a letter signed by Plaintiff, from WSB Plaintiff's documents and/ or accounting records for the year 1997. 360. On or about December 6, 2011 Farina contacted WSB again and was informed by Suskind that Plaintiff's documents and/ or accounting records for the year 1997 had been shredded or destroyed. 361. However, WSB somehow managed to produce many of Plaintiff's documents and/or accounting records for the years 1998 and later. 362. Luckily, one or more critical documents from 1997 and before, such as the $11,045.70 Sony Agreement Royalty Payment that does not exist on the EHP (see Exhibit 13), had been misfiled by WSB in a folder or folders for subsequent years that were provided to Plaintiff between December 6, 2011 through May 2012 with Plaintiff's documents and/or accounting records for the years 1998 and later. 363. Upon information and belief, on or about early December 2011, in order to obstruct justice, WSB corruptly destroyed many of Plaintiff's documents and/or accounting records for the year 1997 in order to conceal the truth from Plaintiff and to protect one or more of the persons associated with Promises Broken. 364. Due to obstruction of justice, misrepresentations and/or concealment by one or more of the persons associated with Promises Broken, including, but not limited to Zmievskaya (Plaintiff's coach), WME (Plaintiff's talent agents) and WSB (Plaintiff's accountants) through January 2012, Plaintiff did not and could not have known of the concealed facts and Plaintiff is still discovering, through the date of this Complaint, material facts and/or criminal acts against Plaintiff that had been concealed. 365. As a direct and proximate result of the pattern of racketeering activity conducted and/or continuing to be conducted in the affairs of Promises Broken by WME, Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg which included and/or includes mail fraud, wire fraud, theft, bank fraud, interstate transportation of stolen property, money laundering, conspiracy and/or obstruction of justice against Plaintiff; Plaintiff has suffered damages in an amount to be proven at trial but no less than $56,000,000. 366. WME, Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg are jointly and severally liable to Plaintiff and Plaintiff is entitled to recover from WME, Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg the sum proven at trial but no less than $56,000,000, treble damages, pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit.
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SECOND CAUSE OF ACTION Breach of Written Contract 367. Plaintiff incorporates by reference the allegations of paragraphs 1 through 366 inclusive, as though fully set forth herein. 368. The Baiul Agreements constitute valid and enforceable contracts as against WME. 369. WME is vicariously liable for the actions and/or inactions of Schultz, Carlisle, Griffin, Dworkin and/or Hersh. 370. Pursuant to the Baiul Agreements, WME owed, inter alia, the following duties: a. To reasonably and responsibly manage Plaintiff's television, film, legitimate theatre, publishing, and advertising career; b. To, in good faith, procure employment for Plaintiff in the television, film, legitimate theatre, publishing, and advertising industries; c. To ensure that Plaintiff personally received payments made to WME, less their appropriate fees, in consideration for Plaintiffs services in the television, film, legitimate theatre, publishing, and advertising industries; d. Not to transfer monies owed to Plaintiff to legal strangers; e. To account for all monies collected on Plaintiff's behalf; f. To collect all monies owing to Plaintiff as a result of the employment WME procured on Plaintiff's behalf; and g. All other relevant duties, which may be proven at trial.
371. WME breached the Baiul Agreements by committing the following acts: a. Upon collecting monies owed to Plaintiff, retaining more than the agreed upon fees owing to WME; b. Taking monies owed to Plaintiff and transferring them to legal strangers; c. Failing to provide Plaintiff with an accounting of all monies collected on Plaintiff's behalf; d. Failing to collect monies owed to Plaintiff as a result of the employment procured for Plaintiff by WME; e. Intentionally and/or negligently misrepresenting the amounts owing to Plaintiff as a result of employment procured for her by WME; f. Failing to translate and/or properly explain employment contracts procured on Plaintiff's behalf so as to allow her to enter into contracts with an understanding of the bargain and what Plaintiff would be owed upon her performance of the employment contract; and g. All other breaches of WME's contractual duties, which may be proven at trial.
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372. As a direct and proximate result of WME's breaches of the 1994 Agreements, Plaintiff has suffered significant economic losses and consequential damages including but not limited to: a. Lost wages; b. Lost lump sum payments; c. Lost contingent income including but not limited to royalty payments and residual payments; d. All other damages, which may be may be proven at trial.
373. As a direct and proximate result of WME's breach of its contractual duties, Plaintiff has suffered damages in an amount to be proven at trial but no less than $41,000,000. Plaintiff is entitled to recover from WME the sum proven at trial plus prejudgment interest at the legal rate of 9%, attorney's fees and costs of suit. 374. In addition, WMEs breaches of contract against Plaintiff also involve fraud and/or concealment evincing a high degree of moral turpitude and demonstrating such wanton dishonesty to imply criminal indifference to civil obligations. WME's breaches, fraud and/or concealment have demonstrated a pattern of activity and displayed that no performer who is a minor and/or an immigrant, who does not speak, read and understand English, can be safe from harm when represented by WME. WME's breaches thus give rise to punitive damages in favor of Plaintiff and against WME in an amount to be determined at trial.
THIRD CAUSE OF ACTION Breaches of Fiduciary Duty - WME 375. Plaintiff incorporates by reference the allegations of paragraphs 1 through 374, inclusive, as though fully set forth here. 376. WME is vicariously liable for the actions and/or inactions of Schultz, Carlisle, Griffin, Dworkin and/or Hersh. 377. WME and/or Hersh and/or Griffin explicitly agreed to serve as Plaintiff's agent to procure employment in the television and film, industries. 378. WME explicitly agreed to serve as Plaintiff's agent to procure employment in the theatre, advertising, and publishing industries. 379. WME further explicitly agreed to serve as Plaintiff's fiduciary in the Stage Contract. 380. WME was granted a power of attorney in the Authorization and accepted such power by its actions thus making WME a fiduciary of Plaintiff. 381. WME, a large and powerful talent agency, was trusted by Plaintiff, a sixteen (16) year old Ukrainian immigrant who did not speak, read and understand English, and WME was thus a de facto fiduciary of Plaintiff. 382. WME stood in a fiduciary relation with Plaintiff because it collected and held in trust the monies collected on Plaintiff's behalf as a result of the employment that WME procured on Plaintiff's behalf in all media industries throughout the world.
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383. WME failed to act as a reasonably careful agent would have acted under the same or similar circumstances by: a. Transferring Plaintiff's income to legal strangers; b. Failing to account for all the monies WME collected on Plaintiff's behalf; c. Failing to provide a true accounting to Plaintiff on a regular and timely basis; d. Inducing Plaintiff to enter contracts without translating them or otherwise explaining the contracts' language; e. Inducing Plaintiff to execute contracts and enter into other legal relationships with legal strangers without explaining the legal or financial consequences of such relationships; f. Intermingling WME's own funds with funds collected on behalf of Plaintiff; g. Concealing or otherwise failing to disclose misrepresentations made to Plaintiff in her course of dealing with WME; and h. Other breaches of fiduciary duties owing, which may be proven at trial.
384. As a direct and proximate result of WME's breaches of fiduciary duty, Plaintiff has suffered damages including but not limited to: a. Lost wages; b. Lost lump sum payments; c. Lost contingent income including but not limited to royalty payments and residual payments; and d. All other damages as may be proven at trial.
385. As a direct and proximate result of WME's breaches of fiduciary duty, Plaintiff has suffered damages in an amount to be proven at trial but no less than $41,000,000. Plaintiff is entitled to recover from WME the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit. 386. Plaintiff further alleges that the aforementioned acts of WME evince a high degree of moral turpitude and demonstrate such wanton dishonesty to imply criminal indifference to civil obligations thereby entitling Plaintiff to exemplary and/or punitive damages in an amount to be determined at trial.
FOURTH CAUSE OF ACTION Aiding and Abetting Breaches of Fiduciary Duty 387. Plaintiff incorporates by reference the allegations of paragraphs 1 through 386, inclusive, as though fully set forth here. 388. UFG is vicariously liable for the actions and/or inactions of Lemire and/or Babich.
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389. Gala Radio is vicariously liable for the actions and/or inactions of Lemire and/or Babich. 390. OCL is vicariously liable for the actions and/or inactions of Zmievskaya, Petrenko, N Petrenko and/or Lemire. 391. OCL2 is vicariously liable for the actions and/or inactions of Zmievskaya, Petrenko, N Petrenko and/or Lemire. 392. WME repeatedly breached its fiduciary duty to Plaintiff as described above. 393. Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire and/or Babich knowingly induced or participated in some or all of WME's aforementioned breaches of its fiduciary duty to Plaintiff. 394. As a direct and proximate result of the breaches of fiduciary duty, Plaintiff has suffered damages in an amount to be proven at trial but no less than $41,000,000. Plaintiff is entitled to recover, jointly and severally, from Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire and/or Babich the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit. 395. Plaintiff further alleges that the aforementioned acts of Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire and/or Babich evince a high degree of moral turpitude and demonstrate such wanton dishonesty to imply criminal indifference to civil obligations thereby entitling Plaintiff to exemplary and/or punitive damages in an amount to be determined at trial.
FIFTH CAUSE OF ACTION Aiding and Abetting Breach of Fiduciary Duty 396. Plaintiff incorporates by reference the allegations of paragraphs 1 through 395, inclusive, as though fully set forth here. 397. WME breached its fiduciary duty to Plaintiff when $200,000 of Plaintiff's monies were illegally transferred by WME to legal strangers in settlement of a dispute between legal strangers. 398. Schultz, Carlisle, Griffin, Dworkin, Hersh, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg knowingly induced and/or participated WME's breach of its fiduciary duty to Plaintiff. 399. As a direct and proximate result of the breach of fiduciary duty, Plaintiff has suffered damages in an amount to be proven at trial but no less than $200,000. Plaintiff is entitled to recover, jointly and severally, from Schultz, Carlisle, Griffin, Dworkin, Hersh, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit. 400. Plaintiff further alleges that the aforementioned acts of Schultz, Carlisle, Griffin, Dworkin, Hersh, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg evince a high degree of moral turpitude and demonstrate such wanton dishonesty to imply criminal indifference to civil obligations thereby entitling Plaintiff to exemplary and/or punitive damages in an amount to be determined at trial.
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SIXTH CAUSE OF ACTION Breaches of Fiduciary Duty - WSB, Black, Wallin and/or Suskind 401. Plaintiff incorporates by reference the allegations of paragraphs 1 through 400, inclusive, as though fully set forth here. 402. WSB, Black, Wallin and/or Suskind agreed to be Plaintiff's business managers and certified public accountants. 403. WSB is vicariously liable for the actions and/or inactions of Black, Wallin and/or Suskind. 404. WSB, Black, Wallin and/or Suskind were granted Plaintiff's power of attorney thus making WSB, Black, Wallin and/or Suskind a fiduciary of Plaintiff. 405. WSB stood in a fiduciary relation with Plaintiff because it collected and held in trust the monies collected on Plaintiff's behalf. 406. In 1997, Black and Wallin appointed themselves as treasurer and secretary of Plaintiff's new loan-out company, Oksana, LTD and were thus fiduciaries of Plaintiff. 407. WSB, Black, Wallin and/or Suskind failed to act as a reasonably careful business manager and/or accountant would have acted under the same or similar circumstances by: a. Concealing the transfers by WME of Plaintiff's income to legal strangers; b. Failing to account for all the monies that WME collected on Plaintiff's behalf; c. Failing to provide a true accounting to Plaintiff on a regular and timely basis; d. Failing to properly prepare and timely file Plaintiff's federal, state and/or foreign tax returns; and e. Other breaches of fiduciary duties owing, which may be proven at trial.
408. As a direct and proximate result of WSB's, Black's, Wallin's and/or Suskind's breaches of fiduciary duty, Plaintiff has suffered economic losses and harms including but not limited to: a. Lost wages; b. Lost lump sum payments; c. Lost contingent income including but not limited to royalty payments and residual payments; and d. All other damages as may be proven at trial.
409. As a direct and proximate result of WSB's, Black's, Wallin's and/or Suskind's breaches of fiduciary duty, Plaintiff has suffered damages in an amount to be proven at trial but no less than $41,000,000. Plaintiff is entitled to recover, jointly and
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severally, from WSB, Black, Wallin and/or Suskind the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit. 410. Plaintiff further alleges that the aforementioned acts of WSB, Black, Wallin and/or Suskind evince a high degree of moral turpitude and demonstrate such wanton dishonesty to imply criminal indifference to civil obligations thereby entitling Plaintiff to exemplary and/or punitive damages in an amount to be determined at trial.
SEVENTH CAUSE OF ACTION Fraudulent Concealment - WME 411. Plaintiff incorporates by reference the allegations of paragraphs 1 through 410, inclusive, as though fully set forth here. 412. WME and/or Hersh and/or Griffin explicitly agreed to serve as Plaintiff's agent to procure employment in the television and film, industries. 413. WME explicitly agreed to serve as Plaintiff's agent to procure employment in the theatre, advertising, and publishing industries. 414. WME further explicitly agreed to serve as Plaintiff's fiduciary in the Stage Contract. 415. WME was granted a power of attorney in the Authorization and accepted such power by its actions thus making WME a fiduciary of Plaintiff. 416. WME, a large and powerful talent agency, was trusted by Plaintiff, a sixteen (16) year old Ukrainian immigrant who did not speak, read and understand English, and WME was thus a de facto fiduciary of Plaintiff. 417. WME stood in a fiduciary relation with Plaintiff because it collected and held in trust the monies collected on Plaintiff's behalf as a result of the employment that WME procured on Plaintiff's behalf in all media industries throughout the world. 418. WME is vicariously liable for the actions and/or inactions of Schultz, Carlisle, Griffin, Dworkin and/or Hersh. 419. WME owed a duty to disclose important facts to Plaintiff pursuant to the Baiul Agreements and/or its fiduciary duties to Plaintiff. 420. WME intentionally failed to disclose any important facts relating to the Baiul Agreements because WME did not provide a translated copy of the Baiul Agreements or otherwise explain the terms in the Baiul Agreements. 421. Alternatively, even if WME explained some of the terms of the Baiul Agreements, they did not disclose important facts regarding the Baiul Agreements, making their disclosure deceptive. 422. WME failed to disclose important facts including but not limited to the following: a. Legal strangers OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire and/or Babich (the Strangers) and not Plaintiff would receive some or all monies owed to Plaintiff for her television, film, legitimate theatre, and advertising performances and appearances;
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b. The Strangers would receive some or all monies owed to Plaintiff for publishing multiple best seller books; c. WME did not intend to provide Plaintiff with a full accounting of the payments collected on Plaintiff's behalf and owed to Plaintiff; d. Plaintiff had a right to demand an accounting of the monies paid and owing to Plaintiff for any reason or no reason at all; e. WME's agreement to treat Zmievskaya, Petrenko and OCL as Plaintiff's purported legal guardians despite their failure to either reasonably request Plaintiff's consent to such a legal relationship or obtain proof that such a legal relationship indeed existed; and f. Such other material facts that WME concealed, which may be proven at trial.
423. WME actively concealed important facts from Plaintiff or prevented her from discovering those facts by: a. Failing to translate all relevant terms in the Baiul Agreements; b. Entering into agreements with the Strangers that permitted them and not Plaintiff to decide how monies owing to Plaintiff could and would be disbursed; c. Failing to disclose any correct accounting to Plaintiff; and d. All other concealments, which may be proven at trial.
424. Plaintiff reasonably relied on incomplete and/or fraudulent facts provided to her by WME. 425. WME intentionally deceived Plaintiff by concealing the important facts set forth above. 426. Plaintiff did not and could not have known of the concealed facts and Plaintiff is still discovering material facts that, through the date of this Complaint, had been concealed by WME. 427. As a direct and proximate result of WME's concealments, Plaintiff has suffered significant economic losses and consequential damages including but not limited to: a. Lost wages; b. Lost lump sum payments; c. Lost contingent income including but not limited to royalty payments and residual payments; and d. All other damages as may be proven at trial.
428. As a direct and proximate result of WME's concealment, Plaintiff has suffered damages in an amount to be proven at trial but no less than $41,000,000. Plaintiff is entitled to recover from WME the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit.
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429. Plaintiff further alleges that the aforementioned acts of WME evince a high degree of moral turpitude and demonstrate such wanton dishonesty to imply criminal indifference to civil obligations thereby entitling Plaintiff to exemplary and/or punitive damages in an amount to be determined at trial.
EIGHTH CAUSE OF ACTION Fraudulent Concealment - WSB, Black, Wallin and/or Suskind 430. Plaintiff incorporates by reference the allegations of paragraphs 1 through 429, inclusive, as though fully set forth here. 431. WSB, Black, Wallin and/or Suskind owed a duty to disclose important facts to Plaintiff pursuant to their representation as Plaintiff's business manager and/or certified public accountants. 432. WSB, Black, Wallin and/or Suskind were granted Plaintiff's power of attorney thus making WSB, Black, Wallin and/or Suskind a fiduciary of Plaintiff. 433. WSB stood in a fiduciary relation with Plaintiff because it collected and held in trust the monies collected on Plaintiff's behalf. 434. In 1997, Black and Wallin appointed themselves as treasurer and secretary of Plaintiff's new loan-out company, Oksana, LTD and were thus fiduciaries of Plaintiff. 435. WSB is vicariously liable for the actions and/or inactions of Black, Wallin and/or Suskind. 436. WSB, Black, Wallin and/or Suskind failed to disclose important facts including but not limited to the following: a. Legal strangers OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE M Rosenberg and/ or N Rosenberg (the Strangers) and not Plaintiff had received some or all monies owed to Plaintiff for her television, film, legitimate theatre, and advertising performances and appearances; b. Some or all of the Strangers received some or all monies owed to Plaintiff for publishing multiple best seller books; c. WME did not intend to provide Plaintiff with a full accounting of the payments collected on Plaintiff's behalf and owed to Plaintiff; d. Plaintiff had a right to demand an accounting of the monies paid and owing to Plaintiff for any reason or no reason at all; e. Plaintiff had a right to hire independent counsel to investigate performance by WME under the Baiul Agreements and/or actions taken by Zmievskaya, Petrenko and/or OCL as Plaintiff's purported legal guardians. f. Such other material facts that WSB, Black, Wallin and/or Suskind concealed, which may be proven at trial.
437. WSB, Black, Wallin and/or Suskind actively concealed important facts from Plaintiff or prevented her from discovering those facts by: a. Failing to inform Plaintiff about prior agreements with the Strangers that permitted them and not Plaintiff to decide how monies owing to Plaintiff had been and/or continued to be disbursed;
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b. Failing to disclose any correct accounting to Plaintiff; and c. All other concealments, which may be proven at trial.
438. Plaintiff reasonably relied on incomplete and/or fraudulent facts provided to her by WSB, Black, Wallin and/or Suskind. 439. Plaintiff did not and could not have known of the concealed facts and Plaintiff is still discovering material facts that, through the date of this Complaint, had been concealed by WSB, Black, Wallin and/or Suskind. 440. WSB, Black, Wallin and/or Suskind intentionally deceived Plaintiff by concealing the important facts set forth above. 441. As a direct and proximate result of WSB's, Black's, Wallin's and/or Suskind's concealment, Plaintiff has suffered significant economic losses and consequential damages including but not limited to: a. Lost wages; b. Lost lump sum payments; c. Lost contingent income including but not limited to royalty payments and residual payments; and d. All other damages as may be proven at trial.
442. As a direct and proximate result of WSB's, Black's, Wallin's and/or Suskind's concealment, Plaintiff has suffered damages in an amount to be proven at trial but no less than $41,000,000. WSB, Black, Wallin and/or Suskind are jointly and severally liable to Plaintiff and Plaintiff is entitled to recover the sum proven at trial from WSB, Black, Wallin and/or Suskind plus prejudgment interest at the legal rate of 9%, attorney's fees and costs of suit. 443. Plaintiff further alleges that the aforementioned acts of WSB, Black, Wallin and/or Suskind evince a high degree of moral turpitude and demonstrate such wanton dishonesty to imply criminal indifference to civil obligations thereby entitling Plaintiff to exemplary and/or punitive damages in an amount to be determined at trial.
NINTH CAUSE OF ACTION INTENTIONAL MISREPRESENTATION - WME 444. Plaintiff incorporates by reference the allegations of paragraphs 1 through 443, inclusive, as though fully set forth here. 445. WME represented to Plaintiff, pursuant to the Baiul Agreements, and other communications that: a. WME intended to pay Plaintiff all income derived from employment procured by Defendants on Plaintiff's behalf, less WME's appropriate commissions. b. Plaintiff could lawfully enter into valid contracts as a minor without a legal guardian.
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c. Alternatively, the adults aiding Plaintiff in executing the Baiul Agreements were legal guardians who could make legally enforceable decisions on Plaintiff's behalf. d. WME intended to provide Plaintiff with an accounting of all income derived from employment procured by WME on Plaintiff's behalf. e. Accountings provided to Plaintiff by WME were complete and represented all monies collected and paid on Plaintiff's behalf. f. WME did not intend to transfer all or some of the income derived from employment procured by WME on Plaintiff's behalf to the Strangers. g. WME did not, in fact, transfer all or some of the income derived from employment procured by WME on Plaintiff's behalf to the Strangers. h. All other misrepresentations that WME intended to communicate to Plaintiff, which may be proven at trial.
446. WME's representations listed above were false. 447. WME knew that the representations set forth above were false when they made them, or WME made the representations recklessly and without regard for their truth. 448. Plaintiff reasonably relied upon WME's representations listed above. 449. As a direct and proximate result of WME's intentional misrepresentations, Plaintiff has suffered significant economic losses and consequential damages including but not limited to: a. Lost wages; b. Lost lump sum payments; c. Lost contingent income including but not limited to royalty payments and residual payments; and d. All other damages as may be proven at trial.
450. As a direct and proximate result of WME's intentional misrepresentations, Plaintiff has suffered damages in an amount to be proven at trial but no less than $41,000,000. Plaintiff is entitled to recover from WME the sum proven at trial plus prejudgment interest at the legal rate of 9%, attorney's fees and costs of suit. 451. Plaintiff further alleges that the aforementioned acts of WME evince a high degree of moral turpitude and demonstrate such wanton dishonesty to imply criminal indifference to civil obligations thereby entitling Plaintiff to exemplary and/or punitive damages in an amount to be determined at trial.
TENTH CAUSE OF ACTION
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NEGLIGENT MISREPRESENTATION - WME 452. Plaintiff incorporates by reference the allegations of paragraphs 1 through 451, inclusive, as though fully set forth here. 453. WME is vicariously liable for the actions and/or inactions of Schultz, Carlisle, Griffin, Dworkin and/or Hersh. 454. WME represented to Plaintiff, pursuant to the Baiul Agreements and other communications that: a. WME intended to pay Plaintiff all income derived from employment procured by WME on Plaintiff's behalf, less WME's appropriate commissions. b. Plaintiff could lawfully enter into valid contracts as a minor without a legal guardian. c. Alternatively, the adults aiding Plaintiff in executing the Baiul Agreements were legal guardians who could make legally enforceable decisions on Plaintiff's behalf. d. WME intended to provide Plaintiff with an accounting of all income derived from employment procured by WME on Plaintiff's behalf. e. Accountings provided to Plaintiff by WME were complete and represented all monies collected and paid on Plaintiff's behalf. f. WME did not intend to transfer all or some of the income derived from employment procured by WME on Plaintiff's behalf to the Strangers. g. WME did not, in fact, transfer all or some of the income derived from employment procured by WME on Plaintiff's behalf to the Strangers. h. All other misrepresentations that WME intended to communicate to Plaintiff, which may be proven at trial.
455. WME's representations set forth above were false. 456. Even if WME honestly and actually believed that their representations were true, they had no reasonable grounds for believing their representations were true when they made them. 457. Plaintiff reasonably relied upon WME's representations set forth above. 458. As a direct and proximate result of WME's negligent misrepresentations, Plaintiff has suffered significant economic losses and consequential damages including but not limited to: a. Lost wages b. Lost lump sum payments c. Lost contingent income including but not limited to royalty payments and residual payments; d. All other damages as may be proven at trial.
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459. As a direct and proximate result of WME's negligent misrepresentations, Plaintiff has suffered damages in an amount to be proven at trial but no less than $41,000,000. Plaintiff is entitled to recover from WME the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit.
ELEVENTH CAUSE OF ACTION Breach of Implied Covenant of Good Faith and Fair Dealing - WME 460. Plaintiff incorporates by reference the allegations of paragraphs 1 through 459, inclusive, as though fully set forth here. 461. Plaintiff received some, though not all, benefits conferred by the Baiul Agreements. 462. The Baiul Agreements constitute valid and enforceable contracts binding Plaintiff and WME to the duties set forth therein. 463. Plaintiff did all, or substantially all of the significant duties she owed to WME pursuant to the Baiul Agreements including but not limited to: a. Appearing and performing in legitimate theatre, film, and television productions. b. Appearing in print and television advertisements. c. Authoring and publishing books.
464. All conditions required for WME's performance have occurred. 465. WME unfairly interfered with Plaintiff's right to receive the benefits of the Baiul Agreements by: a. Concealing from Plaintiff that Plaintiff's monies were being transferred to Strangers. b. Failing to collect all monies due to Plaintiff for employment procured by WME on Plaintiff's behalf. c. Failing to collect all monies due to Plaintiff in royalties due to Plaintiff for A Promise Kept, Nutcracker 1, Nutcracker 2 and/ or Wizard of Oz; some or all of which are still being licensed through the date of this Complaint. d. Failing to transfer all monies owed to Plaintiff to Plaintiff personally as is required under the Baiul Agreements. e. Failing to ensure that Plaintiff would receive SAG pension, health and welfare contributions and residuals for all employment procured by WME on Plaintiff's behalf. f. Failing to provide Plaintiff with an accounting of all income derived from employment procured by WME on Plaintiff's behalf. g. Allowing Petrenko to be included in some of Plaintiff's contracts for employment. h. Allowing Zmievskaya to be included in some of Plaintiff's contracts for employment.
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i. Encouraging Plaintiff to engage WSB which then proceeded to conceal from Plaintiff the numerous illegal acts committed by one or more persons associated with Promises Broken. j. Failing to negotiate Plaintiff's true market value due to WME's representation of both Plaintiff and counterparties. k. All other unfair interference that may be proven at trial.
466. As a direct and proximate result of Defendants' breach of their implied covenant of good faith owing to Plaintiff, Plaintiff has suffered significant economic losses and consequential damages including but not limited to: a. Lost wages b. Lost lump sum payments c. Lost contingent income including but not limited to royalty payments and residual payments; d. All other damages as may be proven at trial.
467. As a direct and proximate result of Defendants' breach of their implied covenant of good faith and fair dealing owing to Plaintiff, Plaintiff has suffered damages in an amount to be proven at trial but no less than $41,000,000. Plaintiff is entitled to recover from WME the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit.
TWELFTH CAUSE OF ACTION Tortious Interference with Contract - WME 468. Plaintiff incorporates by reference the allegations of paragraphs 1 through 467, inclusive, as though fully set forth here. 469. Upon information and belief, Plaintiff entered into Contracts with, inter alia, QVC, Inc., Giovanni Jewelry Co., Imperial Delta, Inc., Mars, Inc. and its predecessors in interest, Sony Signatures, and numerous television and film studios and production companies, as well as other advertisers, publishers and other legitimate theatre producers (the Employers). 470. WME knew about the above contracts and/or Employers. 471. WME intended to disrupt Plaintiff's contracts with Employers by: a. Failing to fully compensate Plaintiff for her performances, appearances and other original works produced on behalf of the Employers. b. Transferring monies owing to Plaintiff from the Employers to, inter alia, the Strangers.
472. WME engaged in dishonest, unfair or improper conduct by: a. Intentionally misrepresenting the amounts paid by, inter alia, the Employers. b. Breaching fiduciary duties owed to Plaintiff by withholding payments rightfully owed to Plaintiff.
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c. Breaching fiduciary duties by transferring monies owed to Plaintiff to the Strangers. d. Breaching fiduciary duties by not transferring to Plaintiff personally all monies owed to Plaintiff. e. Concealing important facts from Plaintiff including but not limited to accounting for payments received and made on Plaintiff's behalf, Plaintiff's right to demand such an accounting, treating the Strangers as legal guardians over Plaintiff when no such legal relationship existed, intermingling funds rightfully owed to Plaintiff with WME's funds. f. Making false promises to Plaintiff regarding facts important to Plaintiff's economic transactions including but not limited to falsely promising to account for all monies collected by WME on Plaintiff's behalf and owing to Plaintiff, provide an accounting of all monies collected by WME on Plaintiff's behalf and owing to Plaintiff, to collect all monies owing to Plaintiff, to withhold only the appropriate fee from the monies collected by WME on Plaintiff's behalf and to transfer to Plaintiff personally all monies owed to Plaintiff.
473. Plaintiff's relationships with, inter alia, the Employers were actually disrupted because Plaintiff failed to enjoy the full economic benefit of the employment contracts she entered with, inter alia, the Employers. 474. As a direct and proximate result of WME's dishonest, unfair or improper conduct, Plaintiff has suffered significant economic losses and consequential damages including but not limited to: a. Lost wages b. Lost lump sum payments c. Lost contingent income including but not limited to royalty payments and residual payments; d. All other damages as may be proven at trial.
475. As a direct and proximate result of WME's dishonest, unfair or improper conduct, Plaintiff has suffered damages in an amount to be proven at trial but no less than $41,000,000. Plaintiff is entitled to recover from WME the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit.
THIRTEENTH CAUSE OF ACTION Conversion - WME 476. Plaintiff incorporates by reference the allegations of paragraphs 1 through 475, inclusive, as though fully set forth here. 477. Plaintiff owned or had a right to own and possess monies she earned through employment procured by WME. 478. WME intentionally and substantially interfered with Plaintiff's property by one or all of the following acts: a. Taking possession of Plaintiff's monies derived from employment procured by WME.
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b. Preventing Plaintiff from having access to Plaintiff's own income derived from employment procured by WME and funds collected by WME. c. Failing to collect all monies due to Plaintiff for employment procured by WME on Plaintiff's behalf. d. Failing to ensure that Plaintiff would receive SAG pension, health and welfare and residuals for all employment procured by WME on Plaintiff's behalf. e. Refusing to return Plaintiff's income derived from employment procured by WME, after Plaintiff demanded its return.
479. Plaintiff did not consent to WME's conversion. 480. As a direct and proximate result of WME's conversion, Plaintiff has suffered significant economic losses and consequential damages including but not limited to: a. Lost wages b. Lost lump sum payments c. Lost contingent income including but not limited to royalty payments and
residual payments; d. All other damages as may be proven at trial.
481. As a direct and proximate result of WME's conversion, Plaintiff has suffered damages in an amount to be proven at trial but no less than $41,000,000. Plaintiff is entitled to recover from WME the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit. 482. Plaintiff further alleges that the aforementioned acts of WME evince a high degree of moral turpitude and demonstrate such wanton dishonesty to imply criminal indifference to civil obligations thereby entitling Plaintiff to exemplary and/or punitive damages in an amount to be determined at trial.
FOURTEENTH CAUSE OF ACTION Conversion - Gala Radio, UFG, Lemire and/or Babich 483. Plaintiff incorporates by reference the allegations of paragraphs 1 through 482, inclusive, as though fully set forth here. 484. Plaintiff owned or had a right to own and possess monies she earned through employment. 485. Gala Radio, UFG, Lemire and/or Babich intentionally and substantially interfered with Plaintiff's property by taking possession of $80,000 of Plaintiff's monies under a Mutual Settlement and Release Agreement in which Plaintiff was not involved.
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486. Upon information and belief, Lemire, Gala Radio, Babich and/or UFG intentionally and substantially interfered with Plaintiff's property by taking possession of monies and/or property worth no less than $15,000,000 from Plaintiff in the Ukraine. 487. Plaintiff did not consent to the conversions by Gala Radio, UFG, Lemire and/or Babich. 488. As a direct and proximate result of the conversion by Gala Radio, UFG, Lemire and/or Babich, Plaintiff has suffered significant economic losses and consequential damages including but not limited to $15,080,000. 489. As a direct and proximate result of the conversion by Gala Radio, UFG, Lemire and/or Babich, Plaintiff has suffered damages in an amount to be proven at trial but no less than $15,080,000. Plaintiff is entitled to recover, jointly and severally, from Gala Radio, UFG, Lemire and/or Babich the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit. 490. Plaintiff further alleges that the aforementioned acts of Gala Radio, UFG, Lemire and/or Babich evince a high degree of moral turpitude and demonstrate such wanton dishonesty to imply criminal indifference to civil obligations thereby entitling Plaintiff to exemplary and/or punitive damages in an amount to be determined at trial.
FIFTEENTH CAUSE OF ACTION Conversion - OCL, OCL2, Zmievskaya, Petrenko, N Petrenko and/or Lemire 491. Plaintiff incorporates by reference the allegations of paragraphs 1 through 490, inclusive, as though fully set forth here. 492. Plaintiff owned or had a right to own and possess monies she earned through employment. 493. Upon information and belief, from 1994-1997, OCL, OCL2, Zmievskaya, Petrenko, N Petrenko and/or Lemire intentionally and substantially interfered with Plaintiff's property by taking possession of no less than $5,016,255 of Plaintiff's monies as identified in the EHP as being earned by Plaintiff even though Plaintiff never received such funds. 494. Upon information and belief, from 1993-1997, OCL, OCL2, Zmievskaya, Petrenko, N Petrenko and/or Lemire intentionally and substantially interfered with Plaintiff's property by taking possession of no less than an additional $15,000,000 of Plaintiff's monies. 495. Plaintiff did not consent to the conversion by OCL, OCL2, Zmievskaya, Petrenko, N Petrenko and/or Lemire. 496. As a direct and proximate result of the conversion by OCL, OCL2, Zmievskaya, Petrenko, N Petrenko and/or Lemire, Plaintiff has suffered significant economic losses and consequential damages including but not limited to $20,016,255. 497. As a direct and proximate result of the conversion by OCL, OCL2, Zmievskaya, Petrenko, N Petrenko and/or Lemire, Plaintiff has suffered damages in an amount to be proven at trial but no less than $20,016,255. Plaintiff is entitled to recover, jointly and severally, from OCL, OCL2, Zmievskaya, Petrenko, N Petrenko and/or Lemire the sum proven at trial plus prejudgment interest at the legal rate of 9%, attorney's fees and costs of suit. 498. Plaintiff further alleges that the aforementioned acts of OCL, OCL2, Zmievskaya, Petrenko, N Petrenko and/or Lemire evince a high degree of moral turpitude and demonstrate such wanton dishonesty to imply criminal indifference to civil obligations thereby entitling Plaintiff to exemplary and/or punitive damages in an amount to be determined at trial.
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SIXTEENTH CAUSE OF ACTION Conversion - KBE, M Rosenberg and/or N Rosenberg 499. Plaintiff incorporates by reference the allegations of paragraphs 1 through 498, inclusive, as though fully set forth here. 500. Plaintiff owned or had a right to own and possess monies she earned through employment. 501. Upon information and belief, KBE, M Rosenberg and/or N Rosenberg intentionally and substantially interfered with Plaintiff's property by taking possession of $120,000 of Plaintiff's monies under a Mutual Settlement and Release Agreement in which Plaintiff was not involved. 502. Upon information and belief, KBE, M Rosenberg and/or N Rosenberg intentionally and substantially interfered with Plaintiff's property by taking possession of an additional $560,000 of Plaintiff's monies from the Tom Collins Shows. 503. Plaintiff did not consent to the conversions by KBE, M Rosenberg and/or N Rosenberg. 504. As a direct and proximate result of the conversions by KBE, M Rosenberg and/or N Rosenberg, Plaintiff has suffered significant economic losses and consequential damages including but not limited to $780,000. 505. As a direct and proximate result of the conversion by KBE, M Rosenberg and/or N Rosenberg, Plaintiff has suffered damages in an amount to be proven at trial but no less than $780,000. Plaintiff is entitled to recover, jointly and severally, from KBE, M Rosenberg and/or N Rosenberg the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit. 506. Plaintiff further alleges that the aforementioned acts of KBE, M Rosenberg and/or N Rosenberg evince a high degree of moral turpitude and demonstrate such wanton dishonesty to imply criminal indifference to civil obligations thereby entitling Plaintiff to exemplary and/or punitive damages in an amount to be determined at trial.
SEVENTEENTH CAUSE OF ACTION Accounting Malpractice - Tax Returns 507. Plaintiff incorporates by reference the allegations of paragraphs 1 through 506, inclusive, as though fully set forth here. 508. WSB is vicariously liable for the actions and/or inactions of Black, Wallin and Suskind. 509. From on or about April 1997 through January 2012, WSB, Black, Wallin and/or Suskind continuously represented Plaintiff as Plaintiff's certified public accountants. 510. From on or about April 1997 through January 2012, WSB, Black, Wallin and/or Suskind prepared and/or filed all of Plaintiff's personal and company tax returns for all jurisdictions. 511. From on or about April 1997 through January 2012, WSB, Black, Wallin and/or Suskind had a duty to exercise due care in the preparation and/or filing of all of Plaintiff's personal and company tax returns for all jurisdictions
52
512. From on or about April 1997 through January 2012, WSB, Black, Wallin and/or Suskind failed on numerous occasions to exercise due care in the preparation and/or filing of Plaintiff's personal and/or company tax returns for one or more jurisdictions. 513. WSB, Black, Wallin and/or Suskind failure to exercise due care in the preparation and/or filing of Plaintiff's personal and/or company tax returns for one or more jurisdictions was the proximate cause of Plaintiff's loss of significant monies in withholding taxes that should have been returned to Plaintiff by the applicable jurisdiction(s) had WSB, Black, Wallin and/or Suskind exercised due care in the preparation and/or filing of Plaintiff's personal and/or company tax returns for such jurisdiction(s) and Plaintiff has suffered damages as a result in an amount to be proven at trial but no less than $1,000,000. Plaintiff is entitled to recover, jointly and severally, from WSB, Black, Wallin and/or Suskind the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit.
EIGHTEENTH CAUSE OF ACTION Fair Representation - SAG 514. Plaintiff incorporates by reference the allegations of paragraphs 1 through 513, inclusive, as though fully set forth here. 515. Plaintiff is a member of SAG. 516. From on or about 1994 through the date of this Complaint, SAG has had and continues to have a duty of fair representation to the Plaintiff. 517. As specified earlier, SAG has repeatedly breached this duty of Fair Representation to Plaintiff by actions and/or inactions that are arbitrary and/or discriminatory. 518. SAG has acted in an arbitrary and/or discriminatory manner towards Plaintiff as concerns A Promise Kept, Nutcracker 1, Nutcracker 2, the Wizard of Oz and/or other films and/or shows. 519. Plaintiff, a Ukrainian immigrant, figure skater and minor at the time of some or all of the above, has failed to receive and/ or be credited with SAG (both SAG and AFTRA) pension, health and welfare contributions and/or residuals (both SAG and AFTRA) for one or more films and/or videos and/or TV shows. 520. Substantial evidence exists that SAG breached and/or continues to breach its duty of fair representation through behavior so far outside a wide range of reasonableness as to be irrational and/or discriminatory towards Plaintiff and it was and/or continues to be intentional, severe and unrelated to legitimate union objectives. 521. One such example is SAG's failure to pursue a claim on behalf of Plaintiff for A Promise Kept which is a film about Plaintiff's life story and in which Plaintiff was both an actor and a stunt performer but for which Plaintiff has received no minimum compensation, no residuals, no royalties and no pension, health and welfare contributions despite the fact that other performers on the film have received some or all of the above is certainly a breach of SAG's duty of fair representation. 522. SAG's breaches of its duty of fair representation toward Plaintiff was and/or is the proximate cause of Plaintiff's damages in an amount to be proven at trial but no less than $1,000,000. Plaintiff is entitled to recover from SAG the sum proven at trial plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit.
53
RELIEF AS TO ALL CAUSES OF ACTION 1. With respect to the First Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendants WME, Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg, jointly and severally, in a sum not less than $56,000,000, plus treble damages, pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit. 2. With respect to the Second Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendant WME in a sum not less than $41,000,000 plus pre-judgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 3. With respect to the Third Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendant WME in a sum not less than $41,000,000 plus pre-judgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 4. With respect to the Fourth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendants Schultz, Carlisle, Griffin, Dworkin, Hersh, WSB, Black, Wallin, Suskind, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire and/or Babich, jointly and severally, in a sum not less than $41,000,000 plus prejudgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 5. With respect to the Fifth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendants Schultz, Carlisle, Griffin, Dworkin, Hersh, OCL, OCL2, UFG, Zmievskaya, Petrenko, N Petrenko, Gala Radio, Lemire, Babich, KBE, M Rosenberg and/or N Rosenberg, jointly and severally, in a sum not less than $200,000 plus prejudgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 6. With respect to the Sixth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendants WSB, Black, Wallin and/or Suskind, jointly and severally, in a sum not less than $41,000,000 plus pre-judgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 7. With respect to the Seventh Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendant WME in a sum not less than $41,000,000 plus pre-judgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 8. With respect to the Eighth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendants WSB, Black, Wallin and/or Suskind, jointly and severally, in a sum not less than $41,000,000 plus pre-judgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 9. With respect to the Ninth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendant WME in a sum not less than $41,000,000 plus pre-judgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 10. With respect to the Tenth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendant WME in a sum not less than $41,000,000 plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit.
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11. With respect to the Eleventh Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendant WME in a sum not less than $41,000,000 plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit. 12. With respect to the Twelfth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendant WME in a sum not less than $41,000,000 plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit. 13. With respect to the Thirteenth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendant WME in a sum not less than $41,000,000 plus pre-judgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 14. With respect to the Fourteenth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendants Gala Radio, UFG, Lemire and/or Babich, jointly and severally, in a sum not less than $15,080,000 plus prejudgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 15. With respect to the Fifteenth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendants OCL, OCL2, Zmievskaya, Petrenko, N Petrenko and/or Lemire, jointly and severally, in a sum not less than $20,016,255 plus pre-judgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 16. With respect to the Sixteenth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendants KBE, M Rosenberg and/or N Rosenberg, jointly and severally, in a sum not less than $780,000 plus prejudgment interest at the legal rate of 9%, attorney's fees, costs of suit and punitive damages in an amount to be determined at trial. 17. With respect to the Seventeenth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendants WSB, Black, Wallin and/or Suskind, jointly and severally, in a sum not less than $1,000,000 plus prejudgment interest at the legal rate of 9%, attorney's fees and costs of suit. 18. With respect to the Eighteenth Cause Of Action, Plaintiff respectfully requests that this Court issue a judgment in her favor against Defendant WME in a sum not less than $1,000,000 plus pre-judgment interest at the legal rate of 9%, attorney's fees and costs of suit.
JURY DEMAND Plaintiff hereby demands a trial by jury on all cause of action pled herein. Dated: New York, New York October 8, 2013 <<signature>> Raymond J. Markovich, Esq. (#2582419) Attorney for Plaintiff - Oksana Baiul
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351 Westbourne Drive West Hollywood, CA 90048 (323) 401-8032 rjmarkovich@me.com
End of Document
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Oksana Baiul v. William Morris Agency

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Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only

Oksana BAIUL, Plaintiff, v. WILLIAM MORRIS AGENCY,..., 2013 WL 5565762...

2013 Thomson Reuters. No claim to original U.S. Government Works.

Silver, Steven 11/7/2013 For Educational Use Only