#1997 von dermitdemwolf 11.06.04 12:50:21 Beitrag Nr.: 13.393.871 13393871
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und wieder ein artikel von variety!!!
so schnell kann sich das blatt zu gunsten ITN drehen!!
einziges Argument ist immer wieder die mündliche Vereinbarung zwischen Baeres und Franchise ob das reicht
JURY TO JUDGE BUDGET FUDGE
Did Elie fiddle or play fairly?
A unique suit over " phony-baloney" budgets reached its conclusion Wednesday, with the litigants disputing who knew what and when.
During closing arguments in Santa Ana federal court, attorneys for Intertainment and Franchise presented dramatically different versions as to why the budgets on a slate of films, including " The Whole Nine Yards" and " Get Carter," were grossly inflated.
Intertainment's story is simple, said its attorney Scott Edelman. Intertainment chief Barry Baeres was " ripped off" by Franchise's Elie Samaha, " a wily street-smart salesman from the world of dry cleaners, celebrities and clubs."
Edelman called it remarkable that Franchise doesn't dispute that there were " phony-baloney" budgets : Its defense is that Baeres was in on the fraud.
The once high-flying German distributor Intertainment sued Franchise Pictures in late 2000, alleging it was defrauded of $ 100 million on a slate of films. Although it was supposed to pay 47% of the budgets, it ended up paying 60%-90% because the budgets were wildly inflated.
Franchise claims that Baeres had a secret oral deal with Samaha: The two would figure out the real costs of each film, then make up a higher phony budget so it would look like Baeres was only financing 47% of the film costs, in order to make his stockholders happy. The motivation, says Franchise, is that Baeres desperately wanted Samaha's star-driven vehicles.
Franchise also has counterclaims against Intertainment involving allegedly unpaid fees, which are part of the same trial. The trial has consumed 16 days spread over six weeks.
Edelman told the nine-person jury that Franchise's defense was " ludicrous." " Cheating was Franchise's M.O. They didn't need a secret deal."
Edelman took several swipes at the alleged role of financial players in the fraud, saying at one point, " In Samaha's Hollywood world, no one minds if you screw the distributors. In fact, the banks and bond companies will help you do it."
Franchise attorney Bill Price said Intertainment's story was too simple to be true. The reality, said Price, was that Baeres needed a pipeline of 12 star-driven films a year to keep his newly public company going. Samaha told Baeres that he wasn't able to finance that many pictures, but Baeres told him he would take care of the financing.
Furthermore, said Price, if Samaha was trying to defraud Baeres it was the worst-kept secret in the world because everyone --- the bank and the bond companies --- knew there were two budgets. Also, cost reports were readily available once production began.
Although Intertainment claims Baeres pulled the plug on the deal when he and Intertainment president Stephen Brown saw " Get Carter" and were shocked at how cheap it looked, Price said it was really like the inspector in " Casablanca" who pretended to be " shocked, shocked." It was a pretext for getting out of the deal, Price said, because Baeres was running out of money.
Closing arguments --- which will take three hours per side, including replays of taped depositions and extensive use of charts, diagrams and other visual aids --- are expected to wind up today. U.S. District Court Judge Alicemarie Stotler will then send the case to the jury. A unanimous verdict is required for either side to win its claims.
June 10, 2004
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