.jpg)
.
Dancehall.Mobi has just received a number of purported legal documents in PDF format, outlining a lawsuit that has apparently been filed by Akshun Entertainment (a show promoter in St. Thomas, U.S. Virgin Islands) against Vybz Kartel, Adidjaheim Records, Jahvinci, Blak Ryno, Claude Mills and others affiliated with the Portmore Empire, for Breach of Contract, Wire and Mail Fraud and Conspiracy to Commit Wire and Mail Fraud. It specifically relates to the alleged no show of Blak Ryno and Jah Vinci at a show in the USVI on November 27, 2009. The plaintiffs are seeking US$1M for general damages, US$1M for compensatory damages, and for punitive, special and consequential damages they seek amounts that will be determined when the case goes to trial.
We are awaiting an official comment/statement from Vybz Kartels publicist on this matter, and below weve detailed some of the allegations from the documents which were allegedly filed two days ago in the District Court of the Virgin Islands.
==================
LAWSUIT ALLEGATIONS
Plaintiffs bring this action against Defendants, ADIDJAHEIM RECORDS, a foreign corporation; ADIDJA PALMER p/k/a VYBZ KARTEL, an individual; ANDRE RHODEN p/k/a JAHVINCI, an individual; ROMAINE ANDERSON p/k/a/ BLAK RYNO, an individual; CLAUDE MILLS, an individual; ANNIE FRANCISCO, an individual; and JOHN DOES 1 through 10, respectively, in connection with a breach of written contract.
Plaintiffs principal claims are for breaches of written contract based upon Adidjaheim Records willful, intentional and malicious breach of Plaintiffs contract with Defendants, for which Plaintiff, Akshun Entertainment, seeks general, special damages and punitive damages.
This action arises out of the breach of a contract dated September 14, 2009, (a true and correct copy of which is attached hereto and marked as Exhibit 1 and incorporated herein by reference), between Plaintiff Josh on behalf of Akshun Entertainment and Defendant Adidjaheim Records. Pursuant to the contract, Jahvinci and Blak Ryno were to perform in St. Thomas on November 27, 2009.
In accordance with the written Agreement, Defendants Adidjaheim Records and Vybz Kartel were to be paid the sum of Fifteen Thousand Dollars ($15,000.00) for two (2) 45-minute performances.
On or about October 29, 2009, a deposit of Seventy-Five Hundred Dollars ($7,500.00) was paid via wire transfer to the personal checking account in the name of Vybz Kartel, through his banking institution, Victoria Mutual Building Society, and for which receipt was acknowledged.
That accommodation for the artists was provided by the Best Western hotel, which was agreed to by Claude on behalf of Adidjaheim Records, Vybz Kartel, Jahvinci and Blak Ryno. However, two (2) days before the event, Claude informed Josh that the hotel was unacceptable. Josh was therefore forced to procure alternate accommodation at the Wyndham Sugar Bay Resort at an increased cost.
On or about November 26, 2009, the remaining balance of Seventy-Five Hundred Dollars ($7,500.00) was scheduled to be paid directly to the Booking Agent, Julie Lexy Brooks (hereinafter Lexy), pursuant to the demands of Vybz Kartel, who threatened not to permit his artists to perform or travel to St. Thomas, if the balance of the performance fee was not paid to the booking agent preceding their arrival and performance in St. Thomas, even though the Agreement provided for the payment of the balance upon the performers arrival at their hotel in St. Thomas.
That both Jahvinci and Blak Ryno were scheduled to arrive in St. Thomas on November 26, 2009. However, neither artist was a passenger on board the American Airlines flight on which they were scheduled to travel. Further, neither artist nor anyone associated with Adidjaheim Records contacted the Plaintiffs to advise them that the Defendant artists would not be traveling to St. Thomas on the pre-booked flights.
That the individual Plaintiffs, Josh and Monika, as well as Lexy, made several attempts, (including, but not limited to at least 200 telephone calls and e-mails), in an effort to contact the Defendants on November 26, 2009, but without any success.
The Defendants neither accepted any of the phone calls, responded to any e-mail correspondence nor returned any calls pursuant to voice mail messages that were left on their voice mails. In fact Vybz Kartel powered his phone off from November 26, 2009 to November 28, 2009, and was therefore inaccessible to the Plaintiffs and Lexy.
At approximately 8:00 p.m. on November 26, 2009, Lexy finally made contact with Annie, who advised her that the Defendants were having issues with their United States visas.
That the Defendants were holders of valid United States visa and were permitted to travel to St. Thomas at the time that the contract was entered into.
Upon information and belief, the Defendants traveled from the State of Florida to Jamaica on November 25, 2009, the day prior to their scheduled arrival in St. Thomas.
That Lexy rebooked the Defendants flights after assurances from Annie and Claude that they would guarantee that both Jahvinci and Blak Ryno would travel to St. Thomas on November 27, 2009, in time for their performances on November 27, 2009.
That the flights were re-booked at an additional expense to the Plaintiffs. That neither Jahvinci nor Blak Ryno was on their rescheduled flights to St. Thomas for their performances on November 27, 2009.
That the individual Plaintiffs and Lexy again made several attempts between 8:00 a.m. and 4:30 p.m. on November 27, 2009, to contact the Defendants in an effort to ascertain the reason for their second missed flights, but were unsuccessful in doing so.
That at approximately 5:00 p.m. on November 27, 2009, Lexy finally made contact with Annie, who confirmed that the Defendant artists would not be appearing at the event in St. Thomas.
After the Plaintiffs efforts to charter a private plane to fly the Defendant artists to St. Thomas failed, the Plaintiffs were left with no choice but to cancel the event.
That the Plaintiffs were accused by patrons in St. Thomas of being involved in a scheme to defraud them of their money.
That the Plaintiffs were accused by patrons in St. Thomas of lying about contracting with the Defendant artists to perform in St. Thomas on November 27, 2009.
That the Plaintiffs were obligated to, and did in fact return the proceeds from the sale of tickets for the event to patrons who had purchased pre-sold tickets.
That Defendants alone, or in conspiracy with others, planned and operated a fraudulent scheme to enter into contracts with Plaintiffs and other promoters to perform at their events in exchange for a performance fee, at least one half of which is transferred to the Defendants, via wire transfers, upon the signing of the contract; when, in fact, Defendants have no intention of fulfilling their obligations under the contracts, and do not appear at the contracted events.
That Defendants further demand that airlines tickets, both first class and economy class are purchased in advance and in accordance with Defendants specific instructions; specific hotels are booked in strict accordance with Defendants instructions and that Plaintiffs are forced to comply with each and every demand made of Plaintiffs by Defendants, whether included in the written contract or not, to add an air of authenticity to Defendants fraudulent scheme.
