Adele

Adele

Tuesday, March 25, 2014

# 7 DAVID CANNON RESIGNS - 80 BOXES OF JAMES BROWN DOCUMENTS

            July 17, 20007. Another conference table.  Smaller than  March 26.  David’s Barnwell office.   David, Buddy and Al Bradley -- again.  Bob. Me -- again.  Jonathan Harling, a young attorney with Lewis & Babcock, litigation lawyers for Brown’s Estate and Trust.  
 
A speakerphone in the middle of the table.
 
David says we have seen all of the bank accounts. 
 
           As we get ready to leave, we open a small manila file.  It contains a copy of the $900,000 check. The July 2006 check from Universal Music is  payable to “James Brown, LLC Collection Account … M& T Bank, Buffalo, New York." There is also a letter from Steve Sidmans of Greenberg Traurig, one of Brown's entertainment attorneys.  

             M&T is the trustee for  Brown’s 1999 Bond debt to  the NY Teachers. The check is from a settlement following an audit of the royalties.

            Where was the money deposited?  David says in a local checking account. One he now shows us.

            Why?  David says they just did what Leon Friedman told them to do with the check.

            Leon is a distinguished professor at Hofstra Law School.  Over the years Leon has represented  James Brown in some of his most important and complex cases. Leon also writes books about the Supreme Court justices and their decisions.

             Buddy and David say Leon can't be reached.  He is in Italy with Justice Scalia. I suggest we try calling Leon  anyway-- just in case.  We do.  Leon answers.  The conversation goes like this:

             DAVID:  Leon, I thought you were in Italy.  With Justice Scalia.

             LEON:   No.  I’m leaving tomorrow. And it’s Justice Ginsburg this year.

             DAVID:  Leon, the special administrators are here with us today. (Courtesies    exchanged).   They want to know about the directions you gave us for the Universal audit check that came in last summer.

             LEON:  I didn’t give any directions about that check.

            David’s first card had fallen.  But for the help of the Attorney General – and later  the AG’s appointee Russell Bauknight -- David's whole deck would have swiftly collapsed.  And maybe the  $12+ million missing from funds Brown gave to the “I Feel Good” Foundation would have been recovered. 
 
           It didn't happen. 

On July 27 Bob and I – cautious, as always – moved for the removal of “one or more” trustees.  The motion was based on a "serious breach of trust"  -- $900,000 unaccounted for.   A James Brown hearing before Judge Early was already set for August 10.
 
            Buddy, David and Al secretly scampered to sign documents for David to resign; attorney Bill Hammond to replace him as trustee; and a transfer of Brown's 2000 Trust to Georgia before the August 10 hearing. Nothing worked.

            Then by August 3 David would become the sole culprit. Al and Buddy filed affidavits saying  they knew  nothing  about the $900,000.   

            On  August 10 David resigned and returned $350,000 of the $900,000. This was the amount that had cleared the bank after Brown's death.  In an order consented to by Buddy, David and Al, Judge Early accepted David's resignation.  All of the attorneys and accountants who had worked closely with David were terminated.  All "Brown Historical Documents"  -- including the files of terminated attorneys -- were to be placed in a central location.  They could be reviewed by anyone interested in the James Brown matters.

            The Brown Historical Documents were more than 80 boxes. By default, they were directed to be placed in the large, open area behind the office I rented from my son.  1218 Taylor Street, Columbia. But Buddy and Al, the remaining fiduciaries, retained control over them -- subject to access by all. 

            The August 10 order changed the official address of the 2000 Trust and estate from David's office to Bob's Aiken address.
 
My wonderful staff and I did not realize at the time that we had been given ringside seats to the  post-death James Brown Revue.  The show alternated between drama and slapstick. Then turned into a  tragedy.

Next Post:  # 8   AUGUST: RICHLAND COUNTY

.

No comments:

Post a Comment