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Los Angeles prosecutors are asking a judge to impose a harsh sentence against rapper Tory Lanez after he was convicted last year of shooting Megan Thee Stallion, arguing he behaved with “indifference for human life” at a moment when Megan was “particularly vulnerable.”
Following his December conviction on three felony counts, Lanez (real name Daystar Peterson) faces a maximum of 22 years when he’s sentenced next month. But California law only allows courts to impose such “higher term” sentences when prosecutors have proven there are “aggravating circumstances.”
In a new filing on Tuesday (May 23) obtained by Billboard, attorneys for the Los Angeles District Attorney’s office said Lanez’s conduct clearly met those circumstances. Among other things, they said Lanez had fired the gun not just at Megan one time, but five times “in the middle of a residential neighborhood.”
“The brazenness of defendant’s conduct is alarming but the conscious disregard for the well-being and safety of all those around him signifies a high degree of indifference for human life,” prosecutors wrote.
The filing also said Megan had been “particularly vulnerable” at the moment of the crime, another factor that can serve as aggravating circumstances. She had been “unarmed and completely defenseless,” they wrote, while “dressed in only a bikini, shoeless and on foot in a neighborhood completely foreign to her.”
“As she walked away from defendant, unaware he was armed with a firearm, defendant fired multiple rounds at victim striking her bare feet,” the filing said. “She was afforded no opportunity and was in no position to defend herself, find cover, or shield herself in any way. Besides an argument in the car, there was no justifiable provocation or event that would have signaled to her that defendant would have fired a gun at her, not just once but five times.”
Attorneys for Lanez did not immediately return a request for comment on the new filing.
Lanez was convicted on Dec. 23 on three felony charges over the mid-2020 incident, during which the rapper allegedly shot Megan (real name Megan Pete) in the foot during an argument after a pool party in the Hollywood Hills.
The shooting happened in the early-morning hours of July 12, 2020, when a driver was shuttling Lanez, Megan and her assistant and friend Kelsey Harris from a party at Kylie Jenner’s house. According to prosecutors, Megan got out of the vehicle during an argument and began walking away when Lanez shouted “Dance, bitch!” and proceeded to shoot at her feet.
Following the incident, Megan initially told police officers that she had cut her foot stepping on broken glass, but days later alleged that she had been shot. Lanez was eventually charged with the shooting in October 2022.
During the blockbuster trial, Lanez’s lawyers made their best effort to sow doubt over who had pulled the trigger, painting a scenario in which Harris could have been the shooter. But a key defense witness offered confusing eyewitness testimony, and prosecutors pointed to an earlier interview in which Harris pinned the blame squarely on Lanez. Megan herself offered powerful testimony that Lanez had been the one to shoot her; neither Lanez nor the driver took the witness stand.
Following the guilty verdict, Lanez’s attorneys filed a motion seeking a new trial. They called the case a “miscarriage of justice,” arguing that Judge David Herriford made numerous errors that had put their client at an unfair advantage.
But that motion was denied last month, clearing the way for sentencing. A hearing is currently set for June 13, but such scheduled events have often been pushed back in Lanez’s case.
South Korea-based music and entertainment company HYBE signed a music distribution deal with Tencent Music Entertainment this week, according to media reports. Reuters, citing an article by the Seoul Economic Daily, reported Tuesday (May 23) that the agreement allows music by BTS, TOMORROW X TOGETHER and other HYBE artists to be streamed on Tencent Music’s platforms. […]
Fans buying tickets to upcoming Wu-Tang Clan and De La Soul tours now have easy access to custom messages from the RZA, the GZA and other members of each outfit via a new partnership between Ticketmaster and HiNOTE. The ticketing giant has partnered with the platform, which allows fans to request custom videos from artists […]
Fetty Wap was sentenced to six years in federal prison Wednesday after pleading guilty last year to federal drug charges.
Attorneys for the “Trap Queen” star (real name Willie Junior Maxwell II) had urged the judge to issue only a five-year sentence, the minimum allowed under the law. Prosecutors instead asked for between seven and nine years, urging the judge to “send a message” against a star who used his music to “glamorize the drug trade.”
At a hearing Wednesday in Long Island federal court, Judge Joanna Seybert split the difference – ordering the rapper to serve a six-year sentence, to be followed by an additional five years of post-release supervision.
An attorney for Fetty did not immediately return a request for comment. A spokesman for the U.S. Attorney’s Office confirmed the sentence but declined to comment further.
Fetty Wap was arrested in October 2021 at Rolling Loud New York, after prosecutors unveiled an indictment against him and five others. Prosecutors claimed group had shipped more than 100 kilograms of the drugs from California and distributed them on Long Island, contributing to “the addiction and overdose epidemic we have seen time and time again tear people’s lives apart.”
In August, Fetty admitted to participating in the scheme, pleading guilty to a single charge of conspiring to distribute at least 500 grams of cocaine.
Ahead of Wednesday’s sentencing hearing, his lawyers pleaded for leniency, saying he “realizes the terrible mistake he made” and is “truly sorry for the loss and hurt he has caused.” Seeking the minimum of five years, they argued that Fetty only turned to crime to support family members as his touring income dried up during the COVID-19 pandemic.
“Personal gain was not his motivation,” they wrote. “Rather, he was motivated by his commitment to financially support others.”
But prosecutors quickly fired back with a darker story: Of a successful musician who had already earned millions but chose to “supplement his income” by selling “drugs he knew would ruin lives.” And notably, they cited Fetty’s music itself, claiming he should receive a harsher punishment in part because he used his songs to “glamorize the drug trade.”
“Before his arrest, the defendant became famous singing about his experience cooking crack cocaine, selling drugs and making substantial money from those illegal endeavors,” prosecutors wrote. “Young people who admire the defendant and are considering selling drugs need to be sent a message.”
Such references to rap lyrics in criminal cases has come under scrutiny in recent years. Critics say drugs and violence are stock elements of hip-hop and should not be treated literally — and that by doing so, prosecutors infringe on free speech and sway courts with unfair evidence, with predictably disproportionate harm inflicted on Black artists.
The Gap is suing Kanye West over allegations that the rapper made unapproved changes to a Los Angeles retail location that resulted in an expensive lawsuit from the building’s owner.
In a complaint filed last month in Los Angeles court, the apparel giant claimed that West – and not Gap – is on the hook for a lawsuit filed last year by a company called Art City Center, the landlord who owns the retail space.
“Defendants made numerous alterations to the building at the subject premises without Gap’s approval, much less pursuant to the terms of the Agreement,” Gap’s lawyers wrote in an April 2 complaint. “The performance of the work not only breached the Strategic Agreement, but the manner of preparing for and performing the work caused the need for … repairs and restoration.”
Gap is one of many former business partners that split with West (sometimes known as Ye) and his Yeezy brand last year in the wake of antisemitic statements and other erratic behavior. The breakup was a particularly stark reversal, coming just a year after Gap announced a 10-year deal with West for a branded line called “Yeezy Gap.”
As part of that partnership, Gap agreed to open up to five retail locations for the Yeezy partnership, including one at 1360 East 6th Street in Los Angeles – the property owned by Art City Center.
In October, the landlord filed a lawsuit against Gap, claiming that the company had breached its lease agreement by making “numerous, significant, unapproved modifications” to the building. They included adding a ramp and a tunnel to the parking lot, removing three bathrooms, and removing lights that “led to additional damage to the ceiling and roof caused by water/rain.”
The company claimed that Gap owed $822,924 and counting in “holdover” damages – 150 percent of monthly rent for every month in which the building has original condition – and another $470,350 from the work that would be required to undo the alleged damage.
In its new complaint against West, Gap says the terms of their agreement require him indemnify the company against such legal claims.
“The Gap denies that it has any liability to [Art City],” the company wrote. “However, if the Gap does have any such liability, any damages allegedly sustained by plaintiff, if any, were the result of the actions or inactions of [West and Yeezy].”
West could not immediately be located for comment.
Gap is not the only former Kanye business partner now facing legal problems. Last month, Adidas was hit with a class action lawsuit claiming the sportswear giant knew about West‘s problematic “personal behavior” years prior to ending its partnership with the disgraced rapper but failed to warn investors about it. That case is pending.
SeatGeek executives were scrambling to recover from an unforced error earlier this month when two discount codes leaked on social media granting users $500 discounts on the secondary ticketing marketplace. After about a half-hour of frenzied buying, the ticket resale site was forced to cancel thousands of sales and cover costs incurred by untold numbers of brokers.
The source of those troublesome codes? SeatGeek created the codes for a business conference for Major League Baseball box office managers and ticketing staff, sources tell Billboard — three months after SeatGeek signed a reported $100 million, five-year deal to take over from rival StubHub as the league’s official ticket reseller.
The $500 discount codes — “MLB1” and “MLB2” — were originally given out as prizes for a team building exercise during the event on May 3 at Globe Life Stadium in Arlington, Texas, home to the Texas Rangers. Known to most in the sports ticketing industry as the Baseball Ticketing and Marketing Meetings, the summit is a typically low key affair where baseball ticketing staff come together to network, share ideas and meet with league vendors. SeatGeek representatives were present at the meeting to discuss their new agreement with the league, according to multiple sources. The two discount codes did not include any expiration date or limit on how many times they could be used.
Nine days after the summit, the codes leaked onto the internet and quickly spread across social media. The first instance of the code sharing on Twitter on May 12 at 11:29 p.m. EST appears to have come from an account linked to a sports gambler named Drew Morgan, writing, “I just got 2 tickets to 2 different Steelers games 100% free on SeatGeek. Sounds too good to be true but there was zero catch at all.”
Holy shit I just got 2 tickets to 2 different Steelers games 100% free on Seat Geek. Sounds too good to be true but there was zero catch at all 🤯Use codes MLB1 or MLB2 for a $500 discount on the tickets. I have no incentive at all to promote this. My friend told me about… pic.twitter.com/8G6ELGHPkn— Drew Morgan (@DMProps) May 13, 2023
Three minutes later, an account calling itself “Lord Restock” with 168,000 followers posted the codes, kicking off a frenzy of fans using the codes to buy tickets to sporting events, SZA concerts and more.
Around midnight, SeatGeek staff noticed the frenzied use of the $500 discount code and took the SeatGeek site offline to investigate what was happening. The site remained offline for several hours before the issue with the codes was identified and the codes were deactivated.
A SeatGeek spokesperson declined to comment on specifics about the code leaks, but told Billboard in a statement, “Last week, some fans made purchases on our site using an ineligible promo code that was wrongfully distributed without authorization. Tickets acquired via these purchases are not valid and we are working to resolve each situation accordingly.”
Officials with Major League Baseball did not respond to Billboard’s inquiries about the SeatGeek ticket codes and how they leaked online.
In the days following, SeatGeek staff began contacting ticket sellers on the site, laying out plans to cancel any transactions that used the leaked discount codes, refund any money that was spent in transactions using the codes and claw back any tickets possible before they reached fans.
“At this stage, we have been able to contain the impact to SeatGeek, but that came at the cost of an operational burden that you have all helped us to shoulder,” company co-founder Russ D’Souza wrote in an email to ticket broker Randall Smith, CEO of America’s Top Tix, and obtained by Billboard.
SeatGeek operates as both a primary ticketing site for a number of sports teams, as well as a massive secondary ticketing site where tens of thousands of brokers list tickets for resale for concerts, sporting events and festivals. The company implemented a triage system to respond to the code leak, where sales made for teams that use the SeatGeek ticketing system could easily be canceled and reversed. Sales for tickets that haven’t been delivered yet will also be canceled.
Tickets originally issued by rival companies like Ticketmaster, however, were more difficult to claw back. While Ticketmaster technology does allow resellers to digitally transfer tickets from seller to buyer – a process SeatGeek can automate to occur immediately after a sale on its site is made – it can’t transfer the ticket back to the seller if an error is discovered. Because of this, SeatGeek is now covering any losses incurred by brokers who now must reselling tickets issued by Ticketmaster and other services.
As a result, dozens and maybe hundreds of fans who received Ticketmaster-issued tickets using the SeatGeek discount code are now in possession of tickets that can’t be canceled. Since the code was discovered and taken down, many of these fans have taken to Twitter asking other fans if they think the tickets are still valid.
Brokers on the site are also angry, saying SeatGeek took too long to respond to the crisis and should have to pay the same 100% fine it charges its own sellers when customer service mistakes are made.
“If a broker makes an error and cancels an order, they are penalized. If the exchange that dings you makes an error, they unilaterally effectuate a mutual cancelation without consent of the broker,” one reseller wrote on a forum for brokers. “It is a totally one-sided relationship, and I really hope customers, brokers, or both bring a well-deserved class action against SG.”
SeatGeek is the second largest ticket resale site in the United States and last year raised $238 million in Series E funding. A recently abandoned effort to take the company public valued it at $1.35 billion.
Sony Music Group chairman Rob Stringer said on Tuesday (May 23) that the company is focused on the fight against low-quality content — which he called ”the lowest common denominator” — flooding top streaming platforms. “We have to look after the premium quality artists at the top of our business,” Stringer said during a company-wide […]
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Lawyers for Fetty Wap battle with prosecutors ahead of his sentencing over federal drug charges; the Supreme Court issues a major copyright ruling on Andy Warhol’s images of Prince; Ed Sheeran wins another lawsuit over “Let’s Get It On”; and much more.
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THE BIG STORY: Fetty Wap Faces Drug Sentencing
With Fetty Wap facing sentencing this week for his conviction on federal drug charges, the rapper’s lawyers and prosecutors are battling over how much prison time he should receive — and in the process, they’ve dipped into one of music’s biggest legal controversies.
Attorneys for the rapper, who pleaded guilty in August to participating in “a multimillion-dollar bicoastal drug distribution organization,” asked a judge last week to sentence him to just five years — the minimum under the law. They say he only turned to crime to support family members as his touring income dried up during the COVID-19 pandemic.
But prosecutors quickly fired back with a darker story: Of a successful musician who had already earned millions but chose to “supplement his income” by selling “drugs he knew would ruin lives.” And notably, they cited Fetty’s music itself, claiming he should receive a harsher punishment in part because he used his songs to “glamorize the drug trade.”
“Before his arrest, the defendant became famous singing about his experience cooking crack cocaine, selling drugs and making substantial money from those illegal endeavors,” prosecutors wrote. “Young people who admire the defendant and are considering selling drugs need to be sent a message.”
If you’ve been following music law for the past year, you’ll know that’s a controversial move.
After a high-profile gang indictment against Young Thug in Atlanta, the use of rap lyrics in criminal cases has come under increasing scrutiny. Critics say references to drugs and violence are stock elements of hip-hop and should not be treated literally — and that by doing so, prosecutors infringe on free speech and sway courts with unfair evidence, with predictably disproportionate harm inflicted on Black artists.
Lawmakers in California recently enacted a law that sharply restricts the practice, and legislators in New York seem poised to pass a similar bill later this year. A federal bill to limit when lyrics can be used in cases like the one against Fetty Wap was re-introduced in the U.S. House of Representatives last month but faces a less clear path to passage than the state-level measures.
To get the full story, including the actual legal documents filed by both sides, go read our full articles on the sentencing recommendations from Fetty Wap and from prosecutors.
Other top stories…
SCOTUS RULES ON WARHOL & FAIR USE – Ruling on a case that record labels and publishers called “critical to the American music industry,” the U.S. Supreme Court said that Andy Warhol did not make “fair use” of a photographer’s copyrights when he used her images of Prince to create one of his distinctive screen prints. The ruling essentially maintained the status quo for music companies, who feared that a decision for Warhol could have disrupted industry practices for sampling, or possibly given legal cover for AI companies to use copyrighted songs.
JIMI HENDRIX DISPUTES HEADS TO UK – A transatlantic legal battle between Jimi Hendrix’s estate and his former bandmates — over control of the rights to music created by the trio’s Jimi Hendrix Experience — is going to be fought primarily in London for now, after a U.S. federal judge ruled that she would defer to the British courts.
ED SHEERAN WINS AGAIN – Less than two weeks after Ed Sheeran won a blockbuster jury trial over whether his “Thinking Out Loud” infringed Marvin Gaye’s “Let’s Get It On,” a federal judge dismissed a second, closely-related copyright case accusing him of copying the same iconic song.
YOUTUBE WON’T FACE CLASS ACTION – A federal judge dealt a major blow to a lawsuit that claims YouTube enables piracy by restricting access to copyright tools like Content ID, refusing to allow the case to proceed as a class action that could have included tens of thousands of rightsholders.
FACIAL-RECOGNITION FIGHT CONTINUES – The owner of Madison Square Garden Entertainment filed a new legal action demanding access to the phone records of a New York state liquor investigator, opening a new front in a sprawling legal war over the use of facial recognition technology to ban lawyers from venues.
The owner of Madison Square Garden has filed a new legal action demanding access to the phone records of a New York state liquor investigator — the same state official who the company reportedly hired a private detective to tail.
In a petition filed Monday, attorneys for MSG Entertainment (MSGE) asked a New York judge to force Verizon to hand over cellphone records from Charles Stravalle, an investigator for the State Liquor Authority (SLA). The filing says the records will prove MSGE’s allegations that the SLA has unfairly targeted the company with a “sham” investigation over its controversial move to use facial-recognition technology to ban opposing lawyers from its venues.
“The SLA is misusing its enforcement powers at the behest of politically influential lawyers,” MSGE’s attorneys wrote. “Angered and motivated, those lawyers prevailed on the SLA to conduct an inherently compromised investigation of MSG.”
According to MSGE’s filing, already-revealed texts between those same lawyers and Stravalle “show that the investigation was compromised from the start” — and MSGE now wants access to the rest of them.
“MSG needs the phone records it subpoenaed from respondent Verizon to be able to more fully understand how deep this collusion and corruption goes, and how high the deck was stacked against MSG from the start,” the company wrote.
In a statement to Billboard, MSGE’s attorney Jim Walden said: “We believe the incriminating evidence revealed by the communications between the SLA and the plaintiff’s attorneys is just the tip of the iceberg in terms of what our motion and subsequent subpoenas will uncover. We look forward to exposing the SLA’s abuses and bringing the facts to light.”
A rep for the SLA did not return a request for comment from the agency and Stravalle. A rep for Verizon did not immediately respond to a request for comment, including whether or not it would comply with the subpoena.
The new filing comes two months after the New York Times reported that MSGE and Dolan had hired a private detective to track Stravalle after he was assigned to work on the SLA’s probe into the company.
It also comes amid an increasingly sprawling legal battle facing MSGE and Dolan, who also own Radio City Music Hall, the Beacon Theater and other live music venues throughout New York City.
The fight began last year when MSGE enacted new rules to ban attorneys who are suing the company from attending events at Madison Square Garden and other MSGE venues. When MSGE began enforcing those rules using facial recognition technology, it drew public scrutiny and backlash from lawmakers like State Senator Liz Kruger, who expressed concern that MSGE’s rules were “discriminatory and retaliatory.”
In November, the SLA began investigating whether the lawyer ban violates state alcohol laws, which require businesses to be “open to the public” — a probe that could result in the revocation of MSGE’s liquor licenses. In January, New York Attorney General Letitia James requested information about the ban, warning that it might violate local, state and federal human rights laws. And in March, state lawmakers threatened to revoke Madison Square Garden’s property tax exemption which is valued at roughly $43 million a year.
Through it all, MSGE and Dolan have remained defiant. In a January television interview in which he threatened to stop serving alcohol at Madison Square Garden, Dolan defended his company’s actions: “If you’re suing us, we’re just asking you please don’t come until you’re done with your argument with us, and yes we’re using facial recognition to enforce that.”
Monday’s new petition is Dolan’s latest legal effort to fight back against the SLA investigation. He previously sued to challenge the validity of the investigation itself, but the case was tossed out in April after a judge ruled that MSGE could not bring such a case until the SLA had actually issued a decision. MSGE is currently appealing that ruling to a state appeals court.
Read the entire petition from MSGE here:
Warner Music Group executive Ernst Trapp is stepping down from his dual role of president of global e-commerce, retail and licensing at the label group, and as CEO of specialty online retailer EMP at the end of the month. “Now is the right time for me to move on and pursue new opportunities,” Trapp said. […]
