Legal News
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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: A preview of the massive YSL RICO trial in Atlanta in which rapper Young Thug is accused of being the boss of a violent street gang; a flood of sexual abuse cases against music industry bigwigs just before a Thanksgiving deadline; and a lawsuit pitting Hall against Oates over efforts to sell to Primary Wave.
THE BIG STORY: Young Thug Heads to Trial In Atlanta
At the end of 2021, Young Thug was one of hip-hop’s biggest rising stars: a critically-adored rapper with three chart-topping hits, three-chart topping albums, a Grammy for song of the year and his own record label (YSL, short for Young Stoner Life) under Warner Music’s 300 Entertainment.
Two years later, Thug (real name Jeffery Williams) is set to face a grueling trial starting today over allegations he ran a violent Atlanta street gang that committed murders, carjackings and many other crimes over the course of a decade — charges that, if proven, could send him to prison for decades.
Reporter Jewel Wicker will be in the Fulton County courthouse today reporting on opening statements for Billboard, so stay tuned for a full breakdown of the start of the trial.
But before then: To get you up to speed on one of the music industry’s most closely-watched criminal trials in years, I dove deep and broke down every aspect of the case, including the complex RICO charges at the heart of the case; the controversial use of lyrics as evidence; the strange connections to former President Trump; and what exactly to watch for at this week’s trial.
Go read the full story here.
THE OTHER BIG STORY: A Final Flood of Abuse Cases
With New York’s Adult Survivors Act expiring on Thanksgiving, last week saw a flurry of high-profile abuse cases filed just before the deadline – including many against top names in the music industry.
The ASA created a limited window for alleged abuse victims to take legal action over years-old accusations that would typically be barred under the statute of limitations. Over the past year, it was cited in cases against former Recording Academy president/CEO Neil Portnow, label exec Antonio “L.A.” Reid, the estate of late Atlantic Records co-founder Ahmet Ertegun and, earlier this month, an explosive (and quickly settled) rape lawsuit against Sean “Diddy” Combs.
But as the deadline approached, a wave of cases hit the courts. Many targeted defendants outside the industry, including former Gov. Andrew Cuomo, New York City Mayor Eric Adams, and actor Russell Brand. But many of the biggest names came from the music business. They included:
–Guns N’ Roses frontman Axl Rose, who was accused of sexually assaulting a Penthouse model named Sheila Kennedy in a New York City hotel room in early 1989.
–Interscope Records co-founder Jimmy Iovine, who was sued by an unnamed woman for sexual abuse, forcible touching, sexual harassment and retaliation over an incident that allegedly occurred in New York in 2007.
–Actor/singer Jamie Foxx, who was accused of sexual assault and battery by a young woman who claims the singer and actor groped her at a New York restaurant in 2015 after she asked if he would take a photo with her.
–Sean “Diddy” Combs, who was sued again by two more women over allegations of sexual assault, beatings and forced drugging allegedly committed in the early 1990s.
SAY IT AIN’T SO: Hall v. Oates
News broke last week that Daryl Hall was suing John Oates for breach of contract, arguing that his longtime music partner’s plan to sell off his share of their joint venture to Primary Wave would violate the terms of a business agreement the duo had forged.
The lawsuit, which was initially shrouded in mystery because it was filed under seal, is aimed at preventing the sale from closing while the two sides battle in ongoing private arbitration proceedings over the terms of agreement.
Two more women have come forward to accuse Sean “Diddy” Combs of sexual abuse, one week after the music mogul settled a separate lawsuit with the singer Cassie that contained allegations of rape and physical abuse.
Both of the new suits were filed Thursday (Nov. 23) on the eve of the expiration of the Adult Survivors Act, a New York law permitting victims of sexual abuse a one-year window to file civil action regardless of the statute of limitations.
The filings detail acts of sexual assault, beatings and forced drugging allegedly committed in the early 1990s by Combs, then a talent director, party promoter and rising figure in New York City’s hip-hop community.
One of the accusers, Joi Dickerson, said she was a 19-year-old student at Syracuse University when she agreed to meet Combs at a restaurant in Harlem in 1991. After their date, Combs “intentionally drugged” her, then brought her home and sexually assaulted her, according to the filing.
Without her knowledge, Combs videotaped the assault and later shared it with several friends in the music industry, the suit alleges. The public exposure sent Dickerson into a “tailspin,” contributing to severe depression that landed her in the hospital and forced her to drop out of college.
In a separate lawsuit filed Thursday, an unnamed woman accused Combs and an R&B singer, Aaron Hall, of sexually assaulting her and a friend, then beating her several days later.
The woman — identified only as Jane Doe — said that she and her roommate returned to Hall’s home with him and Combs after a music industry event in 1990 or 1991. The accuser said she was coerced into having sex with Combs. Afterward, as she was getting dressed, “Hall barged into the room, pinned her down and forced Jane Doe to have sex with him,” the suit states.
When the victim later spoke to her friend, who is also not named, she learned that her friend “had been forced to have sex with Combs and Hall in another room,” according to the suit. “Upon information and belief, when Combs finished with Jane Doe, he and Hall switched, and they commenced assaulting Jane Doe’s friend,” the suit states.
A few days later, an “irate” Combs allegedly showed up at the home of the two women in an attempt to stop them from speaking out about the abuse. He then choked the woman identified as Jane Doe until she passed out, the suit states.
In an emailed statement, a spokesperson for Combs denied the allegations, accusing the two women of seeking to exploit the New York law that temporarily extended the statute of limitations.
An email inquiry to Hall was not returned.
Tyrone Blackburn, an attorney for the unnamed accuser, said his client was in the process of securing medical documents and witness statements to support her suit, which was filed late Thursday “in an effort to preserve the statute of limitations.”
The suit brought by Dickerson notes that the victim filed police reports in New York and New Jersey after the abuse. Inquiries to the New York City Police Department were not immediately returned. It was not clear which other jurisdictions the reports may have been filed.
After the filmed assault, Dickerson said she approached friends in the music industry asking them to confirm the existence of the “revenge porn” tape, but was rebuffed by those who were “terrified that Combs would retaliate against them and that they would lose future business and music opportunities.”
The Associated Press does not typically name people who say they have been sexually abused unless they come forward publicly, as Dickerson has done.
In years after the alleged assaults, Combs, now 54, would found his own label, Bad Boys Records, helping to produce Mary J. Blige and Biggie Smalls on his way to becoming one of the most influential hip-hop producers and executives in the genre’s history.
The pair of lawsuits follow a separate set of explosive allegations made last week by Cassie Ventura, who said that Combs subjected her to a pattern of abuse during their yearslong relationship, which began in 2005, when she was 19 and he was 37.
Among the allegations, Ventura said Combs plied her with drugs, subjected her to “savage” beatings, and forced her to have sex with male prostitutes while he masturbated and filmed them. When she tried to end the relationship in 2018, Combs raped her, she alleged.
The lawsuit was settled one day after it was filed for an undisclosed sum.
In a statement shared by her lawyers, Ventura said she wanted to resolve this matter “on terms that I have some level of control.”
Combs said: “We have decided to resolve this matter amicably. I wish Cassie and her family all the best. Love.”
Jamie Foxx has been accused of sexual assault and battery by a young woman who claims the singer and actor groped her at a New York restaurant in 2015.
The complaint was filed in New York court on Wednesday (Nov. 22) by attorney Craig Phemister. In it, the Jane Doe plaintiff claims she met an allegedly intoxicated Foxx at the Catch NYC restaurant rooftop in August 2015 and, along with a friend, asked if he would take photos with them.
The woman claims that after taking photos with Foxx, he made several flirtatious comments before subsequently pulling her to a “secluded area.” There, she claims he rubbed her breasts before sliding his hands into her pants and placing “his fingers on and in” her vagina and anus despite her attempts to step away from him. She says he only stopped after her friend came looking for her, at which point she claims he walked away.
The woman, who says she was 18 at the time, claims that in the aftermath of the alleged assault, she “was injured; was rendered sick, sore, lame and disabled; was caused to undergo medical treatment and advice; was unable to pursue her usual and regular activities; was caused to undergo great conscious pain and suffering, continues to undergo such, and will permanently be affected by the injuries and emotional distress she incurred as a result of the sexual assault, abuse, assault and battery.”
Also named in the lawsuit are Catch Hospitality Group, which owns the New York restaurant, as well as its co-founder, Mark Birnbaum, whom the woman claims was drinking with Foxx at his table that night. She alleges that Birnbaum, the hospitality group and associated companies “were negligent in the hiring, training, lack of supervision, management, control and retention of their employees,” including several (listed as John/Jane Does 1-10) whom she says were working at the restaurant that night.
The lawsuit additionally claims that Foxx’s co-defendants “had knowledge of [his] propensities for aggressive behavior towards females, the potential for unwanted sexual touching and his bad disposition when consuming excessive alcohol.” The suit adds that restaurant staff were not properly trained “how to observe when a patron such as Foxx has consumed an excessive amount of alcohol and should not be served any more, and in otherwise ensuring the safety of their patrons from unwanted and abusive sexual touching.” It also claims the restaurant did not provide adequate security to protect its guests, thereby making the alleged assault possible.
All defendants are additionally accused of violating New York City’s Gender-Motivated Violence Act — Foxx for the alleged assault and Birnbaum and the companies for allegedly enabling it.
The woman is seeking damages for pain and suffering and economic loss as well as punitive damages.
Representatives for Foxx, Birnbaum and Catch Hospitality Group did not immediately respond to Billboard‘s requests for comment.
The case against Foxx is just the latest in a string of sexual misconduct lawsuits filed over the last month against men in the music industry, including industry executives like L.A. Reid and Jimmy Iovine and superstar artists including Axl Rose and Sean “Diddy” Combs (who settled the lawsuit brought by his accuser, former girlfriend and R&B singer Cassie, one day after it was filed). The spike in cases is due to the looming expiration at midnight Thursday (Nov. 23) of New York’s Adult Survivors Act, which created a one-year window for alleged survivors to take legal action over years-old accusations that would typically be barred under the statute of limitations.
Interscope Records co-founder Jimmy Iovine is being sued by an unnamed woman for sexual abuse, forcible touching, sexual harassment and retaliation, according to a document filed in New York court Wednesday (Nov. 22). Though the full complaint is not yet available, a summons with notice was filed by the woman’s attorneys, Douglas Wigdor and Meredith […]
Hall & Oates are locked in a mysterious lawsuit against each other, with Daryl Hall already winning a restraining order against musical partner John Oates.
The case, filed by Hall on Nov. 16 in Nashville court, concerns either a “contract” or “debt,” but little else is known about the case because it was filed under seal — a maneuver used when court documents contain sensitive information.
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The day after Hall headed to court, the judge overseeing the case issued a temporary restraining order against Oates, but there are no details about what the injunction bans the singer from doing. The lawsuit also names Oates’ wife, Aimee, in her role as a trustee of her husband’s investment trust.
The case was first reported Monday (Nov. 20) by Philadelphia magazine. Billboard confirmed its existence by reviewing court records in the Davidson County Chancery Court. An attorney for Hall, and reps for both singers, did not return requests for comment on Wednesday.
Since teaming up as a pair of Philadelphia singers in 1972, Hall & Oates have hit the top of the Billboard Hot 100 a whopping six times, first with “Rich Girl” in 1977 and then with “Kiss On My List,” “Private Eyes,” “I Can’t Go For That (No Can Do)” “Maneater” and “Out of Touch.” The pair have 10 more top 10 hits on the chart, as well as four albums that reached the top 10 on the Billboard 200.
As explained by Philadelphia, the duo have already broken up and reunited several times, sometimes going years without playing together. But they recently founded the HoagieNation Festival in Philadelphia and headlined the event in 2017, 2018 and 2021.
With details of the recent lawsuit under seal, speculation about the dispute swirled on Wednesday. TMZ pointed to a quote from Hall on Bill Maher’s “Club Random” podcast last year in which he said: “You think John Oates is my partner? … He’s my business partner. He’s not my creative partner.” Meanwhile, the Philadelphia Inquirer noted that the pair had “played only a handful of dates in 2022” and none in 2023.
Last year, Hall told the Los Angeles Times that it can be “very annoying” to operate as a musical duo. “Everything you do is juxtaposed against another person. Try doing that sometime. I don’t want to use the word ‘emasculating,’ because that’s male, but it takes away your individuality.”
Guns N’ Roses frontman Axl Rose was hit with a lawsuit Wednesday over allegations that he sexually assaulted a Penthouse model in 1989.
In a complaint filed Wednesday in New York court, attorneys for Sheila Kennedy claim that Rose “used his fame, status, and power as a celebrity and performer in the music industry to gain access to manipulate, control, and violently sexually assault” her.
The alleged attack – in a New York City hotel room in February 1989 — has caused her to suffer “severe emotional, physical, financial and psychological distress” ever since, Kennedy’s lawyers say.
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“Kennedy has experienced symptoms akin to post-traumatic stress disorder whenever she hears Rose’s name or the music of Guns N’ Roses,” her attorneys wrote. “Other sexual encounters have drawn her right back to the night that Rose had assaulted her.”
A rep for Rose did not immediately return a request for comment.
The case against Rose is the latest in a string of sexual misconduct lawsuits filed over the last month against men in the music industry, including industry executives like L.A. Reid and superstar artists like Sean “Diddy” Combs. The spike in cases is due to the looming expiration on Thursday of New York’s Adult Survivors Act, which created a one-year window for alleged survivors to take legal action over years-old accusations that would typically be barred under the statute of limitations.
In her complaint against Rose, Kennedy makes graphic allegations of sexual assault.
After first meeting the rock star at a nightclub, Kennedy says Rose invited her back to a party at his hotel room, along with his friend David Andrew “Riki” Rachtman and another model. After providing his guests with “cocaine, champagne, and alcohol,” the lawsuit claims Rose then “pushed Kennedy against the wall and kissed her.”
“Kennedy found Rose attractive and did not mind this encounter,” her lawyers write. “She was open to sleeping with him if things progressed and if they continued to find each other attractive.”
But Kennedy says the night then got darker – first when she witnesses Rose having “painful” sex with the other model, then when she thought he was encouraging group sex. After she exited the room, she claims Rose stormed into a rage, dragged her back into the room, through her onto the bed, and bound her hands.
“Rose then sexually assaulted Kennedy,” Kennedy’s lawyers write. “Rose forcibly penetrating Kennedy’s anus with his penis. Rose made no attempt to ask for or check that Kennedy was consenting. He treated her like property used solely for his sexual pleasure. He did not use a condom.”
Faced with the ongoing attack, Kennedy’s lawyers say she “felt she had no escape or exit and was compelled to acquiesce” to the assault. “She understood that the safest thing to do was to lie in bed and wait for Rose to finish assaulting her.”
Read Kennedy’s full lawsuit here:
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: Sean “Diddy” Combs is accused of rape amid an ongoing wave of music industry sexual abuse lawsuits; Shakira settles her $15 million tax evasion case on the eve of trial; UMG defeats a lawsuit filed by artists over its lucrative ownership stake in Spotify; and more.
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THE BIG STORY: Diddy Sued As Music #MeToo Wave Continues
Following a string of abuse cases against powerful men in the music industry, Sean “Diddy” Combs was sued by R&B singer and longtime romantic partner Cassie over allegations of assault and rape — and then settled the case just a day later.
In a graphic complaint, attorneys for Cassie (full name Casandra Ventura) claimed she “endured over a decade of his violent behavior and disturbed demands,” including repeated physical beatings and forcing her to “engage in sex acts with male sex workers” while he masturbated. Near the end of their relationship, Ventura claimed that Combs “forced her into her home and raped her while she repeatedly said ‘no’ and tried to push him away.”
Combs immediately denied the allegations as “offensive and outrageous.” He claimed Cassie had spent months demanding $30 million to prevent her from writing a tell-all book, a request he had “unequivocally rejected as blatant blackmail.”
Read the full story on the lawsuit here.
Just a day after it was filed, Combs and Ventura announced that they had reached a settlement to resolve the case. Though quick settlements can happen in any type of lawsuit, it’s pretty unusual to see a case with such extensive and explosive allegations end just 24 hours after it was filed in court. “I wish Cassie and her family all the best,” Combs said in a statement. “Love.”
Both sides quickly put their spin on the settlement. A former staffer at Cassie’s law firm sent out a statement arguing that the quick resolution was “practically unheard of” and suggesting it showed the “evidence against Mr. Combs was overwhelming.” Combs’ lawyer, Ben Brafman, put out his own statement reiterating that a settlement — “especially in 2023” — was “in no way an admission of wrongdoing.”
Read the full story on the settlement here.
The case against Combs is the most explosive sign yet that, six years after the start of the #MeToo movement, the music industry is currently experiencing something of a second iteration.
Sexual assault lawsuits were filed earlier this month against both former Recording Academy president/CEO Neil Portnow and label exec Antonio “L.A.” Reid, and in October longtime publishing exec Kenny MacPherson was sued for sexual harassment. Before that, sexual misconduct allegations were leveled at late Atlantic Records co-founder Ahmet Ertegun; Backstreet Boys member Nick Carter; singer Jason Derulo; and ex-Kobalt exec Sam Taylor.
Many of the recent cases have been filed under New York’s Adult Survivors Act, a statute that created a limited window for alleged survivors to take legal action over years-old accusations that would typically be barred under the statute of limitations. With that look-back period set to end on Thursday (Nov. 23), more cases could be coming in the next few days. Stay tuned…
Other top stories this week…
UMG WINS CASE OVER SPOTIFY STAKE – A federal judge dismissed a class action against Universal Music Group that challenged the fairness of its 2008 purchase of shares in Spotify. The case, filed by ’90s hip-hop duo Black Sheep, accused the company of taking lower-than-market royalty rates in return for a chunk of equity that’s now worth hundreds of millions. But the judge ruled that such a maneuver — even if proven true — wouldn’t have violated UMG’s contract with its artists.
A$AP ROCKY TO STAND TRIAL – A Los Angeles judge ruled that there was enough evidence for A$AP Rocky to stand trial on felony charges that he fired a gun at a former friend and collaborator outside a Hollywood hotel in 2021. The 35-year-old hip-hop star’s lawyer vowed that “Rocky is going to be vindicated when all this is said and done, without question.”
SHAKIRA SETTLES TAX CASE – The Columbian superstar agreed to a deal with Spanish authorities to settle her $15 million criminal tax fraud case that could have resulted in a significant prison sentence for the singer. After maintaining her innocence for five years, Shakira settled on the first day of a closely-watched trial: “I need to move past the stress and emotional toll of the last several years and focus on the things I love,” she said.
ROD WAVE MERCH CRACKDOWN – The rapper won a federal court order empowering law enforcement to seize bootleg merchandise sold outside his Charlotte, N.C., concert, regardless of who was selling it. He’s the latest artist to file such a case to protect ever-more-valuable merch revenue following Metallica, SZA, Post Malone and many others.
MF DOOM NOTEBOOK BATTLE – Attorneys for Eothen “Egon” Alapatt fired back at a lawsuit that claims he stole dozens of private notebooks belonging to the late hip-hop legend MF Doom, calling the case “baseless and libelous” and telling his side of the disputed story.
“THE DAMAGE WILL BE DONE” – Universal Music Group asked for a preliminary injunction that would immediately block artificial intelligence company Anthropic PBC from using copyrighted music to train future AI models while their high-profile case plays out in court.
DIDDY TEQUILA CASE – In a separate legal battle involving Diddy, a New York appeals court hit pause on his lawsuit against alcohol giant Diageo that accused the company of racism and failing to adequately support his DeLeon brand of tequila. The court stayed the case while Diageo appeals a key ruling about how the dispute should proceed.
Universal Music Group (UMG) has won the dismissal of a closely-watched class action that challenged the fairness of its 2008 purchase of shares in Spotify — a case that accused the company of taking lower-than-market royalty rates in return for a chunk of equity that’s now worth hundreds of millions.
The lawsuit, filed last year by the members of the ’90s hip-hop duo Black Sheep, claimed that UMG had secured its now-lucrative stake in the then-nascent streamer by signing an “undisclosed, sweetheart deal” that left artists underpaid to the tune of $750 million. UMG has called the claims “patently false.”
In a decision Monday (Nov. 20), U.S. District Judge Jennifer L. Rochon ruled that even if UMG had taken below-market royalty rates from Spotify in return for equity, doing so would not have breached its contracts with artists — which give the music giant “unfettered discretion” to license its recordings as it sees fit.
“Plaintiffs argue that UMG exceeded the bounds of its discretion under the contract by making an undisclosed licensing deal in exchange for Spotify stock, for which UMG is withholding artists’ rightful share … of the proceeds UMG reaped,” the judge wrote. “But they do not square that conclusion with UMG’s unlimited right to license their work.”
Black Sheep members Andres “Dres” Titus and William “Mista Lawnge” McLean sued in January, claiming Universal acted in “bad faith” when it secretly acquired a 5% stake in the “fledgling streaming service” in 2008 for just a few thousand dollars. The real payment to Spotify, the lawsuit claimed, had been UMG’s willingness to accept “substantially lower royalty payments” — an arrangement that benefited UMG and Spotify but “shortchanged artists” and “deprived” them of fair royalties.
“Universal concealed from artists that it acquired Spotify stock and that royalty payments were depressed as a result,” lawyers for the duo wrote in their complaint. “Over time, the value of the Spotify stock that Universal improperly withheld from artists has ballooned to hundreds of millions of dollars.”
When the case was filed, Universal called the claims “patently false and absurd.” In later court filings, the company flatly denied the core allegation: “UMG disputes that the equity stock acquired in 2008 was part of the consideration that Spotify provided for a license to UMG’s music catalog.”
Reps for both UMG and Black Sheep did not return requests for comment on Tuesday.
The major music companies all acquired equity in Spotify during the streamer’s early days. According to a 2018 report by Music Business Worldwide, the then-Big Four music companies (Universal, Warner, Sony and EMI) plus Merlin paid just €8,804 total for a combined 18% of the streamer divvied up between them. The role that royalty rates played in that deal, and whether artists would eventually see some of the profit, was hotly debated for years.
After Spotify went public in 2018, it started to become clear just how valuable those stakes had become. Sony Music sold 50% of its shares for $768 million in April 2018, followed by Warner selling its entire stake for $504 million in August 2018. Both later made good on previous pledges to disburse some of the proceeds to artists, although reportedly with differing stipulations.
Universal has yet to sell its shares in Spotify, but it made a similar pledge in March 2018. Later that year, when Taylor Swift signed with the company, she reportedly required that UMG further promise to distribute the money to artists regardless of unrecouped balances — meaning artists will be paid regardless of whether they still owe the label money.
But in their lawsuit, Black Sheep argued that such promises were not good enough. They said Universal had already wronged many of its artists in one of two ways — simply by taking lower rates and thus reducing their royalty payments, or by failing to disburse the profits of their equity stakes as royalties.
In Monday’s ruling dismissing the case, Judge Rochon said she did not even need to decide whether or not those allegations were true. Instead, she simply ruled that even if they were true, Universal would still not have violated its record deal with Black Sheep.
“The contract’s plain language does not support plaintiffs’ theories,” the judge wrote about the allegedly reduced rates, noting that the deal gave UMG the “sole, exclusive and unlimited right” to license the recordings. “Given this wide discretion, there is no basis upon which to find that UMG breached the contract by accepting a lower royalty from Spotify.”
Judge Rochon also rejected the argument that UMG should have accounted for the equity profits when paying artists, saying the contract only requires payment for revenue that is “solely attributable” to their specific songs.
“Plaintiffs cannot directly trace UMG’s alleged acquisition of Spotify stock to the use or exploitation of their work alone,” the judge wrote. “UMG did not breach the contract by failing to account for its value when paying Plaintiffs their royalties.”
Even beyond the merits of the lawsuit, the judge also said she would have dismissed most of it for a far simpler reason: That it had been filed far past the statute of limitations. If the case had moved forward, Rochon said it only would have applied to royalty payments made after January 2021, not those reaching back all the way to 2008.
A Los Angeles judge ruled Monday that there is enough evidence for A$AP Rocky to stand trial on charges that he fired a gun at a former friend and collaborator outside a Hollywood hotel in 2021.
Superior Court Judge M.L. Villar made the ruling at a preliminary hearing, after hearing roughly a day and a half of testimony. Rocky has pleaded not guilty to two felony counts of assault with a semiautomatic firearm.
The 35-year-old hip-hop star, fashion mogul and two-time Grammy nominee is in a relationship with Rihanna, with whom he has two young sons.
Villar said “the totality of the video and testimony” shows there is sufficient evidence for the defendant to go to trial. She emphasized that preliminary hearings have a much lower evidence standard than a trial.
Rocky, sitting in the courtroom, showed no visible reaction.
“We’re not disappointed, not surprised, we expected to go to trial, we’ve been planning for trial all along,” Rocky’s attorney, Joe Tacopina, said outside court. “Rocky is going to be vindicated when all this is said and done, without question.”
At the first day of the hearing, which resumed Monday after a long delay, Terell Ephron testified that he and Rocky, a friend since childhood, had belonged to the same collective of musicians and artists at their New York high school.
He said their relationship had started to go sour and resulted in the standoff in Hollywood on Nov. 6, 2021, when he said Rocky first pulled a gun on him, and in a later confrontation fired shots that grazed Ephron’s knuckles.
Tacopina established while questioning a police detective that seven officers who searched a sidewalk and street about 20 minutes after the shots were allegedly fired found no evidence of the shooting, and that a pair of 9 mm shell casings in police possession were recovered by Ephron, who returned to the scene about an hour after the standoff.
Tacopina played body camera video of the officers, who searched the ground for about 10 minutes. Ephron, who first went to police to report the incident two days later, turned over the shell casings, which the detective said had no recoverable fingerprints on them.
Prosecutors showed a separate video from near the scene where no people are initially visible, but what sounds like two gunshots can be heard. Then a man comes running around a corner, then slows to a walk. The man’s identity is not clear in the video, but LAPD Detective Frank Flores testified they have established it is Rocky.
Flores testified under Tacopina’s questioning that no 9 mm pistol was recovered when a search warrant was served on Rocky.
Prosecutors showed a still from surveillance video showing a man in a hooded sweatshirt whose face is not visible holding what appears to be a gun, along with another image from the same video showing the face of the man in the sweatshirt, with no gun visible. Flores testified that the combined images led them to establish it was Rocky.
Tacopina, who is also representing Donald Trump in his New York criminal case and others, pressed the detective on the weapon, suggesting police had no way of knowing whether it was a loaded or even real gun.
“That gun or whatever it was was not tested, right?” Tacopina asked. “No, it was never recovered,” Flores said.
Tacopina asked, “You’re not sure if it’s an operable gun or a non-operable gun or whatever?”
“Without having it, I can’t tell you whether it’s operable,” the detective replied.
Tacopina also tried to cast doubt on the minor injury to Ephron’s hand, questioning why he waited until he returned to New York to seek medical treatment.
He showed the detective a photo of the scraped fingers and said, sarcastically, “It’s a miracle he survived that shooting.”
The judge admonished him, one of several times she told Tacopina to change his tone.
Rocky was arrested at Los Angeles International Airport in the case in April, and charged in August. He arrived in the courtroom Monday morning wearing a dark suit, sunglasses and a face mask, after spending the weekend at the Formula One Las Vegas Grand Prix auto race, where he had a prominent role as Puma’s creative director in the clothing brand’s partnership with F1.
He has released little music in recent years, and has become better known as the romantic partner, fellow fashion influencer and co-parent of Rihanna, with whom he had a second son in May. His first two studio albums in 2013 and 2015 both went to No. 1 on the Billboard 200.
Rocky also became an unlikely cause for then-President Donald Trump, who said he was trying to get the rapper freed and returned to the U.S. when he was jailed after a brawl in Sweden in 2019. He was found guilty of assault at trial but was given a “conditional sentence” that meant no additional jail time.
In California courts, preliminary hearings like these are a sort of miniature version of a trial, with only a judge deciding whether sufficient evidence exists to move forward. The standard of proof for doing so is far lower than what’s required for criminal guilt.
The leaders in perhaps the largest known YouTube royalty scam in history, Jose “Chenel” Teran and Webster “Yenddi” Batista Fernandez, have been ordered to pay more than $3.3 million in restitution to their victims. The amount is just a fraction of the $23 million in total royalties the two fraudsters siphoned from mostly Latin music makers, including Don Omar, Julio Iglesias, Prince Royce and Anuel AA, from about 2016-2021.
In total, the duo’s company MediaMuv fraudulently claimed to be the rights holder of over 50,000 sound recording and composition copyrights. Proceeds from this scam were then used by Batista and Teran to fund their lavish lifestyles, including Lamborghinis, real estate, diamond-encrusted jewelry and other luxuries, until their indictment in November 2021. They were indicted on 30 counts of conspiracy, wire fraud, money laundering and aggravated identity theft.
The two will split the $3.3 million they are ordered to pay back to victims; one source explained that the money will be paid out slowly each month after their release from prison. Earlier this year, Teran was sentenced to nearly six years in prison and Batista was given four years.
The court is ordering Teran and Batista to pay just a small sampling of the many songwriters and artists who are owed royalties as a result of the scam. It stipulates that Regalias Digitales — a rights management firm that represents a number of the victims — is owed nearly $1.4 million, the Recording Industry Association of America (RIAA) — which also represents many of the victims — is owed more than $1.2 million, Jose Luis Perales is owed $153,000, Los Caminantes is owed more than $149,000, Nancy Ramirez is owed more than $100,000, Vagon Chicano is owed $98,000, Grupo Mandingo is owed $67,000, Grupo Ladron is owed almost $56,000, SPARX is owed $49,000, Don Omar is owed nearly $21,000, El Ojo is owed $15,000, INAMU — Argentina’s National Institute of Music — is owed $11,000 for its catalog of artists, Pappo is owed almost $2,000 and La Renga is owed over $700.
The latest court document reveals that Reggaeton superstar Bad Bunny was also a victim of Teran and Batista’s false royalty claiming, which they conducted under the company name MediaMuv. The thieves stole $500 from the star, which they have been ordered to pay back.
Representatives for Regalias Digitales and the RIAA did not respond to Billboard’s requests for comment.
INAMU told Billboard it learned of Batista and Teran’s scam from its partners at AdRev, a digital rights management firm that is now part of Downtown Music. At the time, INAMU was working with AdRev to collect royalties on behalf of its catalog, and the organization subsequently got in touch with prosecutors. The Argentinian institute — which controls the rights to a recorded music catalog that includes Leon Giaco and Seru Giran — no longer works with AdRev.
AdRev was also a business partner of Teran and Batista. Over the course of the duo’s five-year scam, AdRev helped claim the duo’s royalties. To date, AdRev has not been accused of any wrongdoing by prosecutors, and Batista admitted to sending three falsified contracts with companies that “purportedly” managed artists to AdRev “for the purpose of deceiving [AdRev] into allowing [MediaMuv] to continue [its] fraudulent operation.” However, a previous Billboard investigation into the $23 million scam revealed that AdRev executives were warned of Teran and Batista’s suspicious ownership claims on many occasions but continued to work with MediaMuv despite those emails.