artist v. con-artist(s): an unhappy battle brewing

Adrian · Post by **Adrian** » Fri Jun 10, 2005 10:49 am

The following "Business Wire" item is, essentially, a press release put out by the lawyers for the Agile Group - so, obviously, it's less than one side of the story. (It has the aroma of the "best defence is a good offence" school of legal brinkmanship.)

I certainly hope the losses suffered, financially and personally, are not too great. (Sadly, the way these things tend to go - there may well be other victims, including those who won't even know yet they've been victimized.)

It's never a good thing when money goes sideways, and, here's hoping that Leonard finds justice and recompense in the midst of it all:

***
June 09, 2005 05:59 PM US Eastern Timezone

Agile Group Sues Recording Artist Leonard Cohen for Extortion and Civil Conspiracy

BOULDER, Colo.--(BUSINESS WIRE)--June 9, 2005--Colorado investment company Agile Group ("Agile") has charged international recording artist Leonard Cohen and another individual, Robert Kory, of civil conspiracy and extortion.

In a lawsuit filed Monday in Boulder County District Court, Agile states that Cohen and Kory have threatened to irreparably damage Agile's reputation in order to extort millions of dollars from Agile and its insurer. Agile states that Cohen and Kory falsely claim that Agile bears responsibility for the alleged misappropriation of Cohen's invested funds by Cohen's former manager. The Complaint also states that Cohen and Kory attempted to (and in some instances did) recruit third parties in their conspiracy and procure false testimony.

Agile seeks a judgment against Cohen and Kory for all actual, compensatory, punitive and other damages as a result of Cohen and Kory's wrongful conduct. Agile is also asking that Cohen and Kory be prevented from publishing or disseminating false information concerning Agile for the purpose of disparaging and damaging its professional reputation.

Agile is a Colorado broker-dealer and investment advisor that manages over $550 million in funds for more than 400 clients. Its principal, Neal Greenberg, has been a prominent Boulder resident, and an industry and community leader for decades. Leonard Cohen has been a celebrity in the music business since the 1960s. He is best known for his lyrical folk music, including songs such as Suzanne, and Chelsea Hotel No. 2, a song about Janis Joplin. Cohen's song Hallelujah was featured in the hit movie Shrek. Robert Kory is an entertainment attorney who lives in L.A.

Agile is represented by Sherab Posel, an attorney from New York who formerly was Of Counsel at David Boies' law firm, Boies, Schiller & Flexner; and local attorneys David Chipman and Meghan Martinez of Brownstein Hyatt & Farber, P.C.

Dem · Post by **Dem** » Fri Jun 10, 2005 3:24 pm

Could somebody give us some more background information on the whole subject please?

Jarkko perhaps could help here but he is now enjoying Mythos beers
on Hydra's harbour (lucky Jarkko!)

Dem

linda_lakeside · Post by **linda_lakeside** » Fri Jun 10, 2005 4:04 pm

Oh, right. It's lying around Hydra week. Hmm. This is interesting. I agree, I think more 'info' is needed to access the situation. Well, it's really not up to us to access the situation, we just have enquiring minds. I do anyway. Interesting. But vague. And stupid. Vague and stupid. Ha! I'll probably be sued, now! Entertainment lawyers. A real lawyer's lawyer.

Linda.

Young dr. Freud · Post by **Young dr. Freud** » Sat Jun 11, 2005 3:49 am

Whose to say, at this point, who the "con artists" are. I hope it's not Leonard. But, anything's possible. After all, who would have thought Leonard's former manager would have "misappropriated" his funds? Sad times.

YdF

linda_lakeside · Post by **linda_lakeside** » Sat Jun 11, 2005 3:59 am

Sad times, indeed. We've all heard of such things re: other artists, but it's very hard to believe that Leonard would be involved in such a thing. Very difficult to believe. I guess we wait for further details...film at 11...

Linda.

Adrian · Post by **Adrian** » Sat Jun 11, 2005 8:51 am

In between gigs in the music business, I devoted 18 years of my life to battling white collar crime and malfeasance (as forensic investigator, writer etc.). The pattern in such cases is for wealthy artists (or others with accumulated wealth but not an accumulated investment wisdom) to be victimized. While it's true that anything is possible, there's no indication that this case doesn't fit the too-typical pattern. And, as Leonard and his lawyer start to ask the tough questions, and attempt to "follow the money", certain folks are bound to get very defensive/offensive in posture.

I suppose if there's anyone in the vicinity of Boulder, Colorado who feels like a spot of tea next weekend, there could be further illumination:

from http://www.berotsana.org/support.htm

Tibetan Thangka Tea
with presentation by Cynthia Moku
a Fundraiser for Light of Berotsana

Sunday, June 19th 2005
in Boulder, Colorado

Please join us Sunday June 19th for a lovely afternoon of tea,
refreshments, art, and dharma at the beautiful home of Neal Greenberg,
4880 Kelso Road, in North Boulder. The tea will begin at 3:00 p.m. with
a silent auction followed by an illuminating presentation on thangka
painting offered by internationally renowned artist, Cynthia Moku. Lama
Chönam, Sangye Khandro, Jules, and the rest of the Light of Berotsana
staff are excited to have this unique opportunity to visit with all of
you in person. Tickets are $25.00/Individual ~ $50.00/Patron. For
tickets or more information, please call 303.355.5527 or email
lmhawley@berotsana.org. Or you can buy tickets online, click here. We
look forward to seeing you there!

Tri-me · Post by **Tri-me** » Sat Jun 11, 2005 7:53 pm

This will be interesting to see how it concludes.
Money money money.........

linda_lakeside · Post by **linda_lakeside** » Sun Jun 12, 2005 6:45 am

Tri-me,

Money, money, money indeed. One has to wonder at what an artist could achieve if they weren't tied to all this business BS. It must be very draining. Many people have lost their creative drive over this kind of thing. I hate this kind of stuff.

Linda.

Tchocolatl · Post by **Tchocolatl** » Sun Jun 12, 2005 4:32 pm

Adrian wrote:In between gigs in the music business, I devoted 18 years of my life to battling white collar crime and malfeasance (as forensic investigator, writer etc.). The pattern in such cases is for wealthy artists (or others with accumulated wealth but not an accumulated investment wisdom) to be victimized. While it's true that anything is possible, there's no indication that this case doesn't fit the too-typical pattern. And, as Leonard and his lawyer start to ask the tough questions, and attempt to "follow the money", certain folks are bound to get very defensive/offensive in posture.

This is how it goes with laws, they are a knife with two blades, and some are so manipulative, they even able to wound others with the handle (which is not suppose, to, you know, how could they have not wound themselves witht he blade, doing this, be logic.....(Oh G-d!)) .

These abused artists should get together and do a collective recourse againts all those sharks.

Only when forced they will stop these behaviours, 'cause :
If they have not enough honesty to manage the money like they are entrusted to do profesionnally speaking, they will not wake up the next morning saying, "scuse me, Sir.... Madam, here is your money, with the interest of all those years plus an amount to compensate the damage done to you."

They are more powerful than one individual but they will be weaker than the entire group of people they have stolen for years. For sure.

I assume they are sharks, here, without any proof, I know. But, I am not an honorable member of the Court, so, it does not lead to any injustice, does it?

Yes, I assumer they are sharks, predators that are dangerous for society and have to be restrained.

Unless of course, that the 70 years old former monk changed suddenly into a blood money seeker werewoolf that attacks without warning when the smell of money is too high a night of full moon. Who knows. After having heard a rock U2 CD in reverse, maybe. You have to beware of those guys with a day beard. (

)

linda_lakeside · Post by **linda_lakeside** » Sun Jun 12, 2005 5:03 pm

Ah, yes, Tchoco!

- Rock & Roll - killer of souls and morals! After what?....40 years or so in the 'biz' monkish Leonard turns out to be a long -toothed old shark! Wouldn't that be something???! I'm quite sure there is some kind of reasonable explanation, but hey! I have an enquiring mind. I think I said that before.

Really, though, U2 is not a 'group', like the Rolling Stones is not a 'group'. They are corporations. They come with lawyers and contracts and who knows what. It will be interesting. Send me lawyers, guns and money...
See U,
Linda.

Tri-me · Post by **Tri-me** » Sun Jun 12, 2005 11:28 pm

Really, though, U2 is not a 'group', like the Rolling Stones is not a 'group'. They are corporations.

Not sure how artists balance the two. It is a polar opposite for artists to be creating and taking care of the financial work. An artist wants to create the art that appeals to them, and it is no fun not being able to pay the rent or buy food.

I feel for our friend and will think of him and send him peaceful energy spin my Mani Wheel for him. The three times are past, present and future.

Gen Rinpoche, in his commentary on the Meaning of said:

"The mantra Om Mani Pädme Hum is easy to say yet quite powerful,
because it contains the essence of the entire teaching. When you say
the first syllable Om it is blessed to help you achieve perfection in the
practice of generosity, Ma helps perfect the practice of pure ethics,
and Ni helps achieve perfection in the practice of tolerance and
patience. Päd, the fourth syllable, helps to achieve perfection of perseverance, Me helps achieve perfection in the practice of concentration, and the final sixth syllable Hum helps achieve perfection in the practice of wisdom.

So in this way recitation of the mantra helps achieve perfection in the six practices from generosity to wisdom. The path of these six perfections is the path walked by all the Buddhas of the three times. What could then be more meaningful than to say the mantra and accomplish the six perfections?"

http://www.dharma-haven.org/tibetan/mea ... e-hung.htm

tomsakic · Post by **tomsakic** » Mon Jun 13, 2005 10:44 am

Agile is also asking that Cohen and Kory be prevented from publishing or disseminating false information concerning Agile for the purpose of disparaging and damaging its professional reputation.

It seems to me that only Agile and Mrs. Former Manager are "publishing or disseminating false information"

So, Adrian, you do know now that the reasons were "dire".

Agile states that Cohen and Kory falsely claim that Agile bears responsibility for the alleged misappropriation of Cohen's invested funds by Cohen's former manager.

It's easy to write PR announcement this way. What was their connection to Mrs Former Manager? Where is his money? Why are they suing him if that's not true, what, they hope to get "millions" from him? Can they proove they're not bearing responsibility, or they can only write this kinds of letters?

Post by **jarkko** » Tue Jun 14, 2005 10:09 am

ATTORNEY ROBERT KORY STATEMENT
IN RESPONSE TO AGILE GROUP SUIT
INVOLVING LEONARD COHEN

"The suit filed by the Agile Group Monday, June 6, 2005 is completely
consistent with Agile's reckless disregard for its client and his
investments.

We had hoped to reach an out-of-court settlement with Agile that
returned to Mr. Cohen some portion of the retirement money the firm was
authorized to administer on his behalf. Instead, in the middle of
negotiations to determine Agile's responsibilities to Mr. Cohen to
compensate him for money lost under their management, Agile launched a
surprise attack in an effort to besmirch the reputation of one of its
notable clients.

Agile repeatedly failed to alert Mr. Cohen to true account balances
while allowing improper and unauthorized withdrawals by Cohen's former
business manager. In doing so Agile failed to protect Mr. Cohen's
interests and retirement savings and knowingly misled him by providing
inaccurate financial reports.

We will of course file a counter suit that lays out in detail how Agile
acted in a reckless way that violated the firm's fiduciary
responsibilities towards Cohen and consequently resulted in the loss of
Mr. Cohen's retirement savings."

Teratogen · Post by **Teratogen** » Tue Jun 14, 2005 11:05 am

this is good news. hopefully it will all work out. and hopefully leonard isn't really into extortion!
what's bad news, however, is that FUCKING MICHAEL JACKSON WAS ACQUITTED ON ALL CHARGES!!!!!!!!!!!!!!!!!!

Adrian · Post by **Adrian** » Tue Jun 14, 2005 12:57 pm

Indeed, Tom, I see now that it is tragic circumstances at play.

The Agile/Neal Greenberg press release was transparently self-serving and it's good to see it counter-balanced on the public record.

Here's hoping there is significant recovery in this case (and it is not a Pandora's Box of further victims).

peace, Ad