Kathy Jorrie, attorney for Anschutz Entertainment Group, Inc. and Concerts West, Ltd., intentionally misinformed the Court to hide the fact that Trustee Bill McKenzie of the Hulett Family Trust breached his fiduciary duty – and to conceal her, Jerry Weintraub, Irving Azoff, John Meglan, Paul Gongaware and Bill McKenzie’s complicit roles in the ongoing AEG/Concerts West conspiracy. Jerry, Irving, John, Paul, Kathy and others conspired to breach Bill’s fiduciary duty. Beginning at least as early as July 15, 1998, Bill breached his fiduciary duty to the Hulett Family Trust and its beneficiaries Tina and Donnie Hulett by accepting a bribe from Jerry and fees from Concerts West, Ltd to:
A. Assist John and Paul to Register the Name “Concerts West”
B. Provide Business Services to Sell the Name “Concerts West” to Phil Anschutz c/o Tim Lieweke and Anschutz Entertainment Group, “AEG”
C. Provide False Testimony and Suppress Evidence of the Name “Concerts West” and the Hulett Family.
A. Assist to Register “Concerts West”
Exhibit 1 *Candid Audio1 32:51 – 33:18 Bill McKenzie “Bill” TRUE
Q: Why did John and Paul ask you to involve yourself with Concerts West (1998) when they formed it?
Bill: Well, John and Paul initially incorporated Concerts West, Ltd. (1998) in Nevada and I assisted with that. Then their attorneys needed some history on the name, so I gave them the history.
Exhibit 2 *Candid Audio1 9:57 – 10:17 Bill McKenzie TRUE
Bill: I provided history of the name going back (1967 to 1998)… and I probably have more understanding of the history of the name than anybody.
Exhibit 3 *Candid Audio1 10:40 – 10:45 Bill McKenzie TRUE
Bill: I have and integral, passionate interest in Concerts West from a historical viewpoint.
Exhibit 4 P13 Deposition John Meglan, “John” TRUE
Q: (1998) Did you actually have a conversation with Bill about the history of Concerts West?
John: Yes, we wanted to make sure that the name was available for use, and Bill was the person who knew the history of Concerts West.
Exhibit 5 G60 Deposition of Paul Gongaware “Paul“ PERJURY
Q: So, before filing Concerts West, Ltd’s Articles of Incorporation with the Secretary of State in the State of Nevada (July 21, 1998), are you telling me that Mr. McKenzie and you consulted and he told you that Tom Hulett stopped using “Concerts West” in 1986?
Paul: That’s correct.
Exhibit 6 G77 Deposition Bill McKenzie PERJURY
Bill: John and Paul represented to me that they had done all the legal work on the name, that Concerts West was available. They said, “Yeah we got the name, that is the one thing you don’t have to worry about.” I said, “Are you sure you got this name? Are you sure?” And they said, “We’ve got all the legal work; and not only was the corporation abandoned, but also the use of the name was abandoned, both.”
Exhibit 7 98-00 23 Deposition of Bill McKenzie PERJURY
Q: At anytime before Concerts West, Ltd was formed (July 21,1998), did Kathy Jorrie from the Luce Forward law firm talk to you about your knowledge of the past history of “Concerts West”?
Bill: Not that I recall, no. There was — no, none. Any work they did was completely independent of me.
Exhibit 8 Oral Argument 18:40- 18:50 Kathy Jorrie, “Kathy” USE OF PERJURY
Kathy: Good morning your Honor, Kathy Jorrie with Luce Forward, I am here with Jeffery Wexler also of Luce Forward on behalf of the Respondents
Exhibit 9 Oral Argument Audio 25:14 – 25:43 Kathy Jorrie USE OF PERJURY
Judge: Did Bill McKenzie have anything to do with the application to register the Concerts West mark in California and with the PTO (1998 to 2000).
Kathy: No your Honor. No, the application was made by Concerts West, Ltd. The registration was granted in 1998 and 2000 by the California Secretary of State and USPTO and of course creates a prima facia case that Concerts West, Ltd., the entity owned by Paul Gongaware and John Meglan, owns the mark.
Exhibit 10 G66 Luce, Forward, Hamilton & Scripts Invoice PROOF OF PERJURY
LUCE FORWARD HAMILTON & SCRIPTS
- Concerts West, Ltd.
- C/O Paul Gongaware
- RE: Concerts West/General Matters
- CLIENT NUMBER 26305
- MATTER NUMBER: 00001
- PROFESSIONAL SERVICES RENDERED
- 7/15/1998 Kathy Jorrie 2.9 HOURS: phone calls to Paul Gongaware, Ms. Segal, Mr. McKenzie and Peter Hann regarding various issues/trademark issues
- .25 HOURS review and analysis regarding corporate name to use in California
Bill’s false testimony is the result of Kathy coaching him to lie under penalty of perjury that the name “Concerts West” was secured by John and Paul before Bill got involved.
John and Paul’s true testimony, Bill’s candid true statements and Luce Forward’s invoice for Kathy’s billable hours July 15, 1998 establish that six days before Bill formed Concerts West, Ltd. on July 21, 1998 he provided the history of the name “Concerts West” to Kathy of Luce Forward. Kathy immediately communicated or conference called the key facts of the name to Peter Hann, Concerts West, Ltd’s trademark attorney. The name’s 30-year history told by Bill is a long and colorful story, and it took approximately 2.9 HOURS to tell. The history of the name “Concerts West”, as “MATTER NUMBER: 00001″ in a legal meeting is an unforgettable discussion, especially since Bill’s “story” is the foundation of AEG’s empire, corrupt as it may be.
Therefore, when the 9th Circuit Court of Appeals asked Kathy, “Was Bill McKenzie involved with registering the name with the State and the PTO?”, Kathy did not forget that Bill provided her the history of the name on which AEG/Concerts West’s trademark registrations are based, instead Kathy lied to the Court. If Kathy told the truth that the applications to register the name “Concerts West” began in her office less than 3-years from Tom’s widow Charlene Hulett’s untimely death, and are based entirely on Bill’s history of the name – she knew that an Appeal in favor of Tina and Donnie was emanate.
Easy as ABC 123
B. Provide Business Services to Sell “Concerts West”
Exhibit 1 *Candid Audio1 11:43 – 12:15 Bill McKenzie TRUE
Bill: Jerry started off by saying, “Hey Bill, how would you like to make $500,000 dollars?” That was his initial comment to me.
Q: How did he see you making $500,000 dollars?
Bill: Well being involved in assisting with getting money out of Phil Anschutz because of the name Concerts West in the deal that was being brokered by Irving Azoff and Tim Lieweke.
Exhibit 2 P93 Deposition Bill McKenzie PERJURY
Q: What I need to know, other than agent of process, did you provided any services to Concerts West, Ltd. from the date of its inception up to the present?
Bill: Yes. Tax — corporate tax returns.
Exhibit 3 Oral Argument Audio 24:34 – 24:58 Kathy Jorrie USE OF PERJURY
Judge: Did Bill McKenzie help Paul Gongaware and John Meglan form Concerts West, Ltd.?
Kathy: The services Bill McKenzie rendered for them was he called and arranged for the company to be established, and he also provided them with tax services.
Exhibit 4 G69 Deposition Paul Gongaware: “Paul” PROOF OF PERJURY
Paul: In the “Asset Sale Transition” (AEG/Concerts West, Ltd.), Bill provided us business advice, business consulting, he probably assisted Bonnie in preparing schedules. He also found our attorney Phil Boesch, to negotiate the deal for us, worked with him… At which point Kathy silenced Paul and they went off the record.
Paul’s true testimony confirms that Bill agreed to the terms of Jerry’s bribe and assisted Jerry, Irving, John and Paul to “get money out of Phil Anschutz for the name Concerts West in the deal that was brokered by Irving Azoff and Tim Lieweke”.
Again, Kathy lied, because she knew the outcome if she told the truth to the 9th Circuit Court. Your Honors, “Contrary to Bill’s intentionally false testimony, his actual involvement was: a business adviser, he formed the entity, provided me with the history to register the name with the State and PTO, he was the agent of process, he set up their accounting system, he filed their corporate taxes, he prepared schedules, he found and worked with their attorney to negotiate the sale of the name to AEG, and the entire process began less than three years from Tom’s widow Charlene Hulett’s death - an Appeal in favor of Tina and Donnie would have been granted.
A-B-C-O-N-S-P-I-R-A-C-Y to Defraud
C. Provide False Testimony and Suppress Evidence of “Concerts West”
1998 to present from a legal standpoint Kathy is holding the ball for Paul, John, Bill, Jerry, Irving, Concerts West, Ltd. and AEG in the AEG vs. Hulett lawsuits. Before Kathy ever met Tina and Donnie, she knew that 50% of Concerts West, Inc., a Washington Corporation, was an asset of the Hulett Family Trust. She knew the 50/50 ownership of the corporation by following public documents to the end of the corporation’s paper trail in Washington in 1989 and in California in 1994, coupled with gaining Bill’s intimate knowledge of the history of the name. The undisputed end of Concerts West, Inc.’s paper trail by no means affirms that corporation used the name until that date, or that the name was not in use by another entity before or after that date, it is simply the last public record that Kathy was aware of.
In 1998 Jerry, Tom’s 50% partner in the Washington Corporation which once owned the name was already scheming with Irving, John, Paul and Bill, while Kathy as their lawyer needed more information to be certain of the name’s true legal status post 1994. The only way for Kathy or anyone to be to certain the name was abandoned was to get Tina and Donnie’s blessing, but for self-serving reasons they chose not to do that. Instead they paid Kathy to machinate some Trust documents and dates and the legal statutes for the crimes they were about to commit to determine a relatively “safe” start-date for the Nevada Corporation, Concerts West, Ltd., to begin to use the name in commerce.
The first-use of the name “Concerts West” in commerce would legally acquire the abandoned mark from public domain, excluding the fact that Tina, Donnie and the Trust never abandoned or intended to abandon it. The evidence that Tina, Donnie and the Trust intended to abandon the name is nothing more than Kathy’s machinated State and PTO registration dates, the Nevada Corporations Operating Agreement execution date, suppressed evidence, false statements by Kathy to the Courts, and perjury by Bill. Only their machinated evidence supported that 3-years of non use of the name occurred between the Trust’s alleged termination on September 1, 1995 and the execution date of Concerts West, Ltd.’s Operating Agreement on September 2, 1998.
In fact, not only did the Trust not terminate on September 1, 1995 as alleged, the trustee and the beneficiaries Bill, Tina and Donnie were still identifying, managing and liquidating trust assets together until Donnie signed a release with Bill in 1998, while Tina and Bill have never signed a release, trustee termination or trust termination agreement.
Exhibit 1 P27 98-00 Deposition Bill McKenzie 2003 PERJURY
Bill: There was nothing on anyone’s radar screen. There was not one conversation that I can recall where Donnie or Tina Hulett or Charlene Hulett or anybody, for that matter, said what — we should be keeping — we should be paying money to keep Concerts West alive or whether we had stock or we had — or we owned the name or had an interest — you know, whatever. There wasn’t any conversation about it. There wasn’t anything in writing. I don’t recall anything. There — just wasn’t on the radar screen. I just don’t — I have no recollection of it and — none whatsoever… I can empirically say no, there was nobody anywhere that was concerned about Concerts West.
Exhibit 2 A2 Candid Audio 11:19 – 11:32 Bill and Patrick Lang 2002 ”Patrick” PROOF OF PERJURY
Patrick: Regarding the Hulett Family Trust: there have been different partnerships, different things that had different situations, that they were involved in, and that Tina, Donnie and I were required to do things, or not to do anything. And you know “Concerts West” is just one that has come back to the surface.
Exhibit 3 A2 Candid Audio 10:47 – 10:56 Patrick Lang and Bill McKenzie 2002 TRUE
Patrick: When Tina and I look back at the Trust papers that we did receive from you, you know, “Concerts West” is listed. You know, so, you know its there.
Bill: Yeah, everything was there.
The evidence is undisputed, except by perjury, that the Hulett Family Trust did not terminate as of September 1, 1995 as Kathy falsely alleged, and Concerts West mark was an asset of the Trust. Therefore: A) The mark was not defacto abandoned by the Trust, Tina or Donnie establishing that it was intentionally infringed upon beginning sometime between September 2 and September 15, 1998 by Jerry, Irving, John, Paul and Concerts West, Ltd., B) Bill did breach his fiduciary duty, and C) If Phil, Tim and AEG knew that the Trust, Tina and Donnie did not intend to abandon the name, then they are all guilty of intentional trademark infringement and of conspiracy to defraud.
Exhibit 4 P157 Deposition Jerry Weintraub, “Jerry” PERJURY
Jerry: Yes, Concerts West was part of my history, part of my past. And I reflected on it for a moment, and then I went away from it. I never discussed it, as I remember, what happened to the concert business, where the concert business went, where it was going, who was in it, who wasn’t in it? I was on to other things.
Exhibit 5 Oral Argument 1 25:57-26:15 Kathy Jorrie USE OF PERJURY
Kathy: Your Honor, we submitted undisputed evidence from Jerry Weintraub who was 50% owner of Concerts West, Inc. that Concerts West, Inc. never transferred the mark, never sold the mark to anybody, and that he ceased his own activities in Concerts West in the 1980’s.
Kathy and Jerry obviously intended to falsely establish to the Court that Jerry only gave a “moment of thought” to the sale of the name Concerts West to AEG. In other words Jerry was completely unaffected by the transaction. however, Jerry’s ego, the evidence and common sense all show something entirely different.
Jerry and Irving mastermind a hostile 1998 Concerts West takeover from the Hulett Family Trust, Tina and Donnie. In preparation to register and sell the name Concerts West to AEG, “Frick and Frack“, Irving brought John and Paul in to Co-CEO Concerts West, Ltd. and Jerry bribed Bill: 1) not to notify Tina and Donnie of the plan, 2) to quietly assist John and Paul with the sale of the name, and 3) to provide false testimony and suppress evidence in court.
Exhibit 6 A1 *Candid Audio 22:39 -22:56 Bill McKenzie TRUE
Bill: Irving he had confidence apparently in Paul and John because those guys had stayed in the business and knew their stuff and he felt confident in them handling things.
1) Bill did not inform Tina and Donnie of the plan, instead he gave Kathy the confidential “Trustee Compensation Agreement”, the tail end of the Trust’s paper trail of the mark. Kathy used the September 1, 1995 date of Bill’s Trustee Compensation Agreement to falsely establish prima facie ownership of the name with a defensible date for Concerts West, Ltd’s first-use of the name in commerce; no earlier than September 2, 1998 – the execution date of John and Paul’s Operating Agreement for Concerts West, Ltd.
2) Bill quietly assisted John and Paul with everything from formation of Concerts West, Ltd., providing the history of the mark, to setting up systems and procedures, hiring legal council and eventually Bill, Irving and Tim negotiated the sale of the name to Phil through AEG for a disclosed 36 million, rumored to be 50 to 80 million.
3) Bill provided false testimony and suppressed evidence in court.
1,2,3 - Bill did everything Jerry bribed him to do.
Exhibit 7 G18 Concerts West, Ltd.’s “Operating Agreement” dated and executed on September 2, 1998
Exhibit 8 P153 Deposition Jerry Weintraub PERJURY
Q: When did you first see Celine Dion was being promoted in association with the words Concerts West?
Jerry: I don’t know when I first saw it probably the first day it came out.
Kathy: Objection, — no foundation, calls for legal conclusion, assumes facts not established. Kathy is objecting on Jerry’s behalf, but allegedly she is not Jerry’s attorney
Q: Did you ask any questions about who had given anyone the right to promote that concert?
Jerry: I asked myself, I’m sure, what — you know, how does Concerts West — Where does Concerts West go with how to get there, and so on, and so forth. And I, then I let it go.
Exhibit 9 P150 Deposition Jerry Weintraub TRUE
Q: Somewhere in early April 2003 you yourself reviewed Tina and Donnie’s Complaint against.you, Bill, John, Paul and Concerts West, Ltd?
Jerry: No, I didn’t review it. I saw blood in my eyes, when I saw I was part of it. That’s all I saw; I saw red blood.
Q: You don’t mean that literally; you mean that figuratively?
Jerry: No I mean it literally and figuratively. I am still angry…
Q I want to see if we can get past that anger.
Jerry: I don’t think we can.
Exhibit 10 *Candid Audio A1 20:42 – 21:50 Bill McKenzie TRUE
Bill: Irving and Jerry were the two most powerful managers in the 70’s, and that is why Concerts West had so much stuff!
Exhibit 11 *Candid Audio” 20:06 – 20.36 Bill McKenzie FALSE
Bill: From a business standpoint, the reason people are doing business with Concerts West is because Anschutz is a billionaire, not because of a name. Trust me. Celine Dion… all the stuff that they are doing has to do with Anschutz’ billions, not a name!
People are doing business with Concerts West is for a number of reasons, 1) the name has a platinum reputation, 2) business expertise, 3) financial backing, 4) artists like the legendary artist associations, and last but not least, 5) Irving and Jerry are still two of the most powerful forces in the music and entertainment business.
The obvious conclusion is that Irving, Jerry and Phil were involved from the very beginning. Bill was paid by Jerry to setup and assist the AEG/Concerts West deal from start to finish. Jerry could not openly be a principle in the deal because of his ties to the Hulett Family Trust, Tina, Donnie and Concerts West, Inc. Jerry was compensated in undisclosed ways, most likely: 1) A cut of Irving’s share of the concert business, 2) Future movie business opportunities in connection with AEG and its “Regal Entertainment Group”, the largest theater chain in the world, or 3) Under the table.
***Candid Audio was produced under Section 633.5 of the California Penal Code. The candid recordings were made to expose the threat of violence from Jerry, and resulted in the admission of a bribe from Jerry to Bill to breach a fiduciary duty, to provide false testimony and to suppress evidence.
Hulett Weintraub Era 1978 – 1988
Weintraub Entertainment Group Era 1988 – 1991
Tom Hulett & Associates Era 1991 – 1993
Hulett Family Trust Era 1993 – 1998
Anschutz Entertainment Group Era 1998- 2012