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3 Reasons Not to Totally Hate Bill Cosby

Do we wish Bill Cosby really was Dr. Huxtable, the wise, fatherly figure in the multicolored sweaters? Or the comedian with the clean yet funny jokes? Yes. But those days are long gone and for a while now the world has known that Cosby wasn’t who he wanted us to believe he was. Despite the fact that Bill Cosby has not yet been convicted of a criminal act or yet been held civilly liable for any of his actions, the stories of more than 50 women could not be discounted; and, luckily they have not. As a direct result of Cosby’s actions, the following three states have changed their laws regarding the statute of limitations on sexual assault.

Colorado:

In the ‘80s, Beth Ferrier and Heidi Thomas, Colorado residents who are now in their 50s say Cosby drugged and sexually assaulted them. They did not immediately come forward with their claims because of fear—fear of damage to their careers and fear of facing the truth of what happened to them.  When they did come forward they learned that their cases could not be prosecuted because they were time barred by Colorado’s ten-year statute of limitations on sexual assaults. These women, stronger now, did not sit idly by and “take the second arrow.” Along with the bipartisan support of Colorado state representatives they fought to have the law changed. And they won. In June 2016, Colorado Governor Hickenlooper signed into law House Bill 1260 which extended the statute of limitations on sexual assaults from 10 to 20 years.  HB 1260 isn’t retroactive which means it doesn’t directly help Ferrier and Thomas but it is the hope and goal of those who supported the bill (which, by the way, passed unanimously in the Senate and by an overwhelming majority in the House)  that it will inspire more victims to come forward, even after 10 or 15 years.

Nevada:

Just as with HB 1260 in Colorado, Nevada Assembly Bill 212 was sparked by Bill Cosby. Lise-Lott Lublin, a Nevada resident claimed that in 1989 Cosby drugged and sexually assaulted her.  She did not come forward for many years and her claims were time barred by Nevada’s four-year statute of limitations.  But Ms. Lublin, her lawyer Gloria Allred and Nevada State Assemblywoman, Irene Bustamante Adams urged Governor Brian Sandoval to enact Nevada Assembly Bill 212.  That Bill, which was signed into law in May 2015 extended the statute of limitations for bringing rape charges from four years to 20 years. Just like in Colorado the new law is not retroactive and does not allow Ms. Lublin’s claims against Bill Cosby to go forward. But Lublin, who was “furious (her own words)” by the inability to pursue charges against Cosby has worked tirelessly to secure change and in doing so has helped countless others who find themselves victims of sexual assault. Here at Proof we are hopeful that this important victory has helped allay a little bit of Lublin’s anger and has helped her feel proud and strong.  Thank you Lise!

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California:

Several of Cosby’s victims resided in California and in each instance their claims of drugging and sexual assault were barred by California’s ten-year statute of limitations. But on September 28, 2016, California took the bold step of eradicating a time limit on the prosecution of sexual assaults. Now, as with murder, people who commit a sexual assault in California can be called to answer for their actions at any time, whenever the victim comes forward. So, if victims fear coming forward or delay coming forward for any reason, “they will always have an opportunity to seek justice in a court of law,” said Senator Connie Leyva, the author of Senate Bill 813. Just as with Colorado and Nevada the law is not retroactive so Cosby’s victims remain unable to pursue charges against him but they, along with, again, Gloria Allred must be thanked for sparking this very critical change.  It is Gloria Allred’s words that so eloquently express the significance of this change: “The passage of this new law means that the courthouse doors will no longer be slammed shut in the face of rape victims. It puts sexual predators on notice that the passage of time may no longer protect them from serious criminal consequences for their acts of sexual violence.” Thank you again to Cosby’s victims, fearless elected officials and others who have taken on this fight and saw it through so that other women can benefit and live with a little less fear of our justice system.

So, yes, while many of us hate Bill Cosby and are anxiously awaiting the day when a Pennsylvania jury convicts him and sends him to jail for the rest of his natural life, here at Proof we do celebrate a modicum of joy in having found a silver lining among the terrible cloud that is former Hollywood funny-man.

Jane Fonda: Fire Drill Fridays

Jane Fonda is putting her money where her mouth is regarding climate change. The eighty-one year old actress moved to DC this fall so she could protest every Friday and have her voice heard on the issue. And, she didn’t give a rat’s a** if she got arrested. In fact, she expected it, arguably hoped for it so that Washington would wake up and listen.  So far, Fonda has been arrested four times while banking on her celebrity status to bring a needed sense of urgency about the climate crisis.  

One thing Fonda’s Fire Drill Fridays did bring out were other celebrities. As of this writing, Ted Danson, Sam Waterston, Amber Valetta, Diane Lane, Robert Kennedy, Jr. Catherine Keener, Rosanna Arquette, Piper Perabo, and Marg Helegenberger are some of Fonda’s famous friends who have joined her and gotten arrested while trying  to bring attention to the issue. On a fun note, Ben & Jerry’s provided free ice cream at one of the protests. Washington, you listening?

 

Aretha’s Handwritten Wills Found. Now What?

Update: Apparently Aretha did leave a will, wills actually. Three of them (one was even found in the cushions of her sofa!) They’re handwritten, hard to read, conflicting, and causing a host of legal issues. Before the wills were found, her fortune was  to be distributed equally among her four sons per Michigan law (that’s where she lived). Now, the court must review these handwritten documents, decide if they are valid and determine which one, if any, should be enforced.  A bit of a mess! Want to see the handwritten wills for yourself and try to read them? Click here.

The legendary Aretha Franklin passed away on August 16th, 2018 after a battle with pancreatic cancer. The singer was 76 years old and left a legacy that only an icon of her stature can leave. What she didn’t leave, however, was a will. Now, the distribution of her assets will be governed by the law rather than her own personal wishes.

Appointing a personal representative
At this point we do not know the value or extent of Aretha’s estate but now that she has passed without a will much of her financial life will become public. The first step in resolving issues with here estate is the appointment of a personal representative (had she left a will then an executor would have been named there and that person would have made sure Aretha’s wishes were carried out). Aretha’s niece, Sabrina Owens, is requesting the court to appoint her as the personal representative, and, the good news is that all four of her sons support that choice (her sons have also informed the court that they are interested parties in the estate). The job of the personal representative is similar to that of an executor in that he/she handles the distribution of the deceased’s assets. The difference is that without a will the wishes of the deceased are unknown so distribution will follow the law of the state in which the deceased resided. In Aretha’s case the laws of Michigan control.

Aretha shied away from the media
The absence of a will stumped even her own entertainment lawyer, Don Wilson, who reportedly “repeatedly asked her to put together a trust.” He told The Detroit Free Press, “I was after her for a number of years to do a trust. It would have expedited things and kept them out of probate, and kept things private.” Wilson isn’t the only one who is surprised Aretha never prepared a will–the rest of share that feeling, but not just because she has very, very substantial assets but also because Aretha was notoriously private and often avoided the press. So, without a will, now, in death, a large part of her private life will be public.

Wilson also said that he wanted to be the one to help her manage her holding in both music publishing and copyright issues for estate planning. As you can imagine, the Queen of Soul has an extensive catalog that is often used in films, television, radio play, and more. Her attorney says that there is no way to put a value on her musical catalog, which only serves to complicate things further. Additionally, it was revealed that Aretha maintained ownership of her original compositions. All this means that there is a lot of intellectual property that needs to be protected, identified, and valued–this is no easy task.

As noted above, Michigan law will govern, and as in most jurisdictions, it mandates that assets of a deceased person who is not married are to be equally divided among his/her children (Aretha had been married twice but was not married at the time of her death).  While at first blush this may seem fairly simple, it’s in fact, not. And, with someone of Aretha Franklin’s celebrity, there will likely be claimants popping out of the woodwork looking for a piece of the pie.

Prince, who also died without a will, provides some guidance
Resolution of an estate the size of Aretha Franklin’s will likely take a while. And, if there are disputes over the value and what is or is not an asset and who owns what right to which music then it could take years. Prince, another celebrity who died without a will, passed away more than two years ago, and his $200 million estate remains in limbo. Though lawyers, consultants, advisors, the state of Minnesota, and the IRS have allegedly collected a pretty penny in connection with Prince’s estate– $5.9 million to be exact– the family has not received funds
And, currently one of the major issues there is that there must be agreement as to the value of
his estate before he died–the IRS’s blessing is required here.  Now, you see the hold up?

Probate is not a fun process
Probate is the legal process of transferring one’s assets from the deceased to the beneficiaries of the estate. This happens with or without a will, but, when you have a will once the probate court determines the will is valid and that there are no outstanding objections to it, then the assets are divided based on the deceased wishes. That can’t happen quite so smoothly when a will is lacking. Individuals can also avoid probate by placing assets into trusts with specific heirs named as beneficiaries. Sadly, Aretha Franklin created neither a will nor a trust.

It really is a mystery as to why celebrities with net worths in the millions would choose not to draft a will. This is especially puzzling in Aretha’s case as she was older and ill for quite some time.  Now, the family is looking at a long, drawn out, complicated, expensive process.

Paps Will Doing Anything for a Photo. . . J. Lo and A. Rod Accident

On October 15, 2018, Jennifer Lopez and Alex Rodriguez were involved in a car accident with paparazzi. The couple were heading out of a Los Angeles restaurant after enjoying a dinner date when their driver hit one of the paps who was posted up to catch a glimpse and a money earning photo of the power couple.

The photographer was snapping away while the couple was in their car. When the driver of their car began to inch onto the street the pap and was hit by the Escalade. Though the contact seemed light (no one disputes he was “inching”) the photog fell to the ground. The driver, to his credit, immediately got out of the vehicle to check on the man, but allegedly said, “See what happens when you flash all the flashes? I can’t see where I’m going.”

The photographer who was hit is said to have filed a police report, but the truth is the driver is not totally in the wrong here. In California, it is against the law for pedestrians to purposefully block vehicles with their bodies. And, if it does happen, drivers can attempt to move forward.

While we get everyone needs to make a buck and we too use their photos, when they create dangerous situations–either for themselves or others that is not ok. Of course, the J.Lo A-Rod crash isn’t the first time something like this has happened. We recently wrote about Bieber’s incident with a pap (Is it us or does it seem as if it’s always happening to Bieber when he’s leaving church?). It was clearly an accident–Bieber stopped to help the 57-year-old man and fully cooperated with the police investigation at the scene. But you also may recall Lindsay Lohan crashing her car in 2005 after a paparazzi chase. There was also the time in 2013 when Nicole Kidman was literally run over by a photographer on a motorcycle. And, of course we’ve written about the most famous case of these types of cases, Princess Diana’s fatal car crash whose death is often attributed to a paparazzi chase. They seemed to do anything they could, anytime they could, anywhere they could to catch a snap of the royal.

The situation isn’t just dangerous for celebrities, it’s clearly dangerous for the photographers as well. Seems crazy to us that they’d put themselves in harm’s way just to get a good picture-even if it is the money. Our sources tell us the money isn’t even that good anymore because of social media and the fact that celebs release their own photos all the time now.

Usually the paparazzi and the celebrities they trail have a pretty symbiotic relationship, but that doesn’t mean it’s safe for either party. We can imagine well the stress involved with being followed and photographed everywhere you go but add in the risk of physical injury from a car accident and it just makes us shake our heads.

 

13 Couples Who Fell Victim to the Reality TV Curse

Is reality television the kiss of death for even the strongest of relationships? Seems like it. Couples who do television shows together do not tend to stay together. In fact, it seems as if real life gets messier for these one-time lovebirds by virtue of being on reality television. Just look at the following couples who put it all out there for the world to see only to find themselves splitting up after the cameras were off (and some while the cameras were still rolling.)

Yes, we know there are a whole bunch of Housewives on here. Would you believe that we parsed it down from the whooping 33divorces that have happened between couples on that show?

Theresa and Larry Caputo, Long Island Medium

TheLong Island Medium couple decided to split after 28 years of marriage. We watched their relationship unfold on the TLC show with all of its ups and downs, eventually seeing them separate and attempt to work through their marital woes. It turns out that the separation was a three month trial period according to Larry, and the couple announced that they were officially filing for divorce in June 2018. As with most failed marriages, Theresa said the downfall didn’t occur overnight but rather was something that happened over time. She was a tad defensive about it though saying, “People can say whatever they want—it was my work, it was this, it was that—it was just, it happened. This is something that has happened over the years, and it is sad, and it f–cking sucks. That’s it.”

Danielle Staub and Marty Caffrey, The Real Housewives of New Jersey

This couple married on camera for Real Housewives of New Jersey’s ninth season in May 2018, but wedded bliss didn’t last very long (shocker, we know). In fact, by September 2018 Staub was served with divorce papers and the pair had filed temporary restraining orders against each other after an alleged altercation at Staub’s home.

Phaedra Parks and Apollo Nida, The Real Housewives of Atlanta

After five years of marriage, four seasons of RHOA and two sons together, Parks filed for divorce from Nida in 2014. It was finalized in September 2017 after a lengthy dispute over spousal support and over their properties. Nida is actually currently serving an 8 year sentence after pleading guilty to fraud in 2014. Click here for more on that.

Adrienne and Paul Maloof, The Real Housewives of Beverly Hills

For those of you who watch RHOBH, you know that Adrienne and Paul never seemed to stop arguing. After three seasons on the show, ten years together, and three children, the pair filed for legal separation in July 2012. Things later got nasty after Paul filed for divorce in August. Adrienne accused Paul of abuse and the two battled over custody of the children until the divorce was finalized in November 2012. It actually moved pretty quickly as far as celebrity divorces go. The pair are co-parenting their children and seem to have an amicable relationship.

Camille and Kelsey Grammer, The Real Housewives of Beverly Hills

For Camille and Kelsey Grammer The Real Housewives exposed their unhappy marriage to the world and resulted in a divorce. Viewers soon found out that the marriage was sexless and Grammer was already “emotionally checked out,” and during filming the actor moved to a new city and had an affair with a younger woman (whom he eventually married). In terms of self care and emotional well being we do have to say it seems like odd timing to have your wife and marriage be thrust into the public eye before seemingly hitting the self-destruct button, but according to Camille, “He thought it would be good for me to do something that was separate from us being a couple.” Still sort of standing by her man at that point, we guess.

The Count & Countess de Lesseps, The Real Housewives of New York City

Countess Luann said that money can’t buy you class, but it also couldn’t buy her a happy marriage. This one came as a shock to viewers who barely ever even saw The Countess’s husband. Well, there’s a reason for that: The two had been living separately for years. And that’s not all! The Count, who was living in Europe, left Luann for an Ethiopian princess. Does this not read like a plot point for a telenovela?

Countess Luann & Tom D’Agostino, The Real Housewives of New York City

You’d think the second time would be the charm for Luann, but alas, no. Luann married Tom D’Agostino in 2017 in an extravagant Palm Beach wedding and 8 months later the pair decided to split. In fact, the Countess blamed the stress from those Palm Beach memories for causing her to lash out and get arrested there Christmas Eve 2017. For more on that, click here.

Bethenny Frankel and Jason Hoppy, The Real Housewives of New York City

Bethenny Frankel and Jason Hoppy appeared on a few reality shows together including a spin off focused solely on them and their relationship. The pair married in 2010 and divorced in 2013, but that ended up being the least of the couple’s problems. They remain locked in a nasty custody battle over their daughter Bryn, who was nearly 3 when the divorce was finalized and is now 8 years old.

Tamar Braxton and Vince Herbert, Braxton Family Values

Tamar Braxton filed for divorce from her husband of 9 years Vince Herbert in October 2017. She’s currently seeking full custody of their son Logan. The proceedings have been riddled with rumors of a secret love child and domestic abuse and were temporarily on hold because Herbert refused to respond to her petition of divorce, but Braxton is now petitioning the judge to finalize the divorce without him.

Linda and Hulk Hogan, Hogan Knows Best

Linda and Hulk Hogan had a relationship that spanned a quarter of a century and was by and large one of the strongest marriages to be showcased on reality television. Their show Hogan Knows Best was featured on VH1, but after being on air for two years, their 17-year-old son was spending 8 months in jail and Hulk was the subject of cheating rumors by The National Enquirer (and a HUGE lawsuit, click here for more on that).  Linda filed for divorce just one month after the last episode aired. And talk about adding salt to the reality TV curse wound, Hulk didn’t even know that she had filed until a news outlet called him for comment.

Jessica Simpson and Nick Lachey, Newlyweds

Bit of a throwback, we know but who could ever forget Jessica Simpson turning to her new husband, bowl of Chicken of the Sea tuna in hand, saying, “Is this chicken that I have or is it fish?” The young couple provided endless entertainment on their MTV show Newlyweds. Unfortunately for the couple, after three years of marriage they announced that they were calling it quits. Simpson does not blame reality TV for their demise, having told Vanity Fair “In all honesty, I believe it did not affect our marriage because we enjoyed watching those episodes.”As for her ex? He told David Letterman that it was the fault of the cameras:”It was just so invasive that it became a problem.”

Kris and Caitlyn Jenner, Keeping Up With the Kardashians

Kris Jenner married Caitlyn Jenner (then Bruce Jenner) in 1991 and the pair divorced in 2015 after years in front of the camera on Keeping up With the Kardashians. Though they seemed to have an amicable relationship after the split, the family fractures began to be felt once Caitlyn came out to Kris as transgender and decided to go ahead and fully transition and embrace her true self. Still, the family remained very supportive until Kris felt betrayed after Caitlyn wrote unkind things about her in her tell-all book. Now the entire family has taken sides and Caitlyn’s relationship with Kris, Kim, Khloe and Kourtney is pretty much non existent. Kendall and Kylie continue to see Caitlyn.

Jon and Kate Gosselin, Jon & Kate Plus 8

We have to include these two! For quite some time, Jon and Kate were beloved in the reality television community. We watched them raise their 8 children, work together to make things function in their busy household, and generally just work through typical marital ups and downs. That is, until 2009 when it was reported that Jon was cheating on Kate. Then came nearly a full year’s worth of tabloid fodder spurred on by Jon’s lavish spending, Ed Hardy outerwear, and “bad boy” behavior. Call it a midlife crisis, call it the price of fame, but eventually Jon was kicked off of the show and it was renamed Kate Plus 8. Even though we didn’t love Jon and Kate’s relationship (she did seem to complain about him a lot on camera), to us, the demise of the Gosselin family was a sad one.

 

 

Celebrity News | Wyclef Jean Racial Profiling

Was Wyclef Jean the Victim of Racial Profiling

Rapper Wyclef Jean is calling for an investigation of racial profiling after being being stopped, handcuffed and detained by sheriff’s deputies in West Hollywood on Tuesday, March 21, 2017.

Jean says he was returning from a recording studio when he was pulled over. Via Twitter, Jean said he was,”asked by the police to put my hands up. Then I was told do not move. I was instantly handcuffed before being asked to identify myself.”

Jean continued to vent his anger on Twitter after the incident, writing, “I am sure no father wants his sons or daughters to see him in handcuffs especially if he is innocent.”

We agree with Jean–no son or daughter wants to see their father in handcuffs (this reminds us of the scene in The People v. OJ Simpson: American Crime Story when Johnny Cochran was pulled over, asked to exit his vehicle, slammed down on the hood by a cop while his two young daughters watched from inside the car. Cochran was an Assistant District Attorney at the time; he was very quickly released).  

Sheriff’s Sgt. Charles Duncan describes the events differently from Jean. Duncan says that the patrol units pulled Jean over because he was driving a vehicle matching the description of a suspect who robbed and pistol-whipped two people. The victims said the assailant was wearing a red bandana. Jean had on a red bandana at the time.

The L.A. County Sheriff’s Department also explained that a supervisor was on the scene during the incident in which Jean was detained for six minutes, and “explained to Mr. Jean about the investigation being conducted and the reasons behind his lawful detention.”

The Department said that Jean did not comply with the requests to remove his hands from his waistband and instead went to his trunk and did not follow instructions from deputies, which is why he was handcuffed during questioning.

Duncan said that when the deputies received more information and realized they did not have the assailant, they promptly released Jean.

The sheriff’s office eventually arrested two robbery suspects four blocks from where Jean was stopped.

While it’s a good thing the suspects were caught, we do understand Jean’s position especially in light of so much racial profiling recently as well as race related police brutality/police misconduct cases. And we also understand why Jean is concerned that the sheriff’s department is assassinating his character and calling him a liar.

Melanie Bonvicino, a spokeswoman for the singer, said, “Mr. Jean is requesting a formal investigation into racial profiling by Los Angeles Mayor Eric Garcetti, LAPD chief Charlie Beck and the LA Sheriff’s Department while calling upon the ACLU and Black Lives Matter to join him in defense of civil liberties and racial bias.”

Despite Jean’s public call for an investigation, the L.A. County Sheriff’s Department maintains their story is accurate and that there was no racial profiling and the fact that Jean went to his trunk and ignored their requests is what prompted and justified the escalation to handcuffs. The Sheriff’s Department does say it would like to clear the air with Jean.

We at Proof are sensitive to the both sides here–the need and right of individuals to be able to move freely through one’s life and through one’s community without threat of suspicion of a crime as well as the police department’s need to investigate crime.  

This is not easy one though and we we hope that police cruiser dash cams recorded what went down with Jean so that the truth can come out.  We truly hope racial profiling played no role–there is simply no place for that in our world.

At PROOF there’s nothing we like to do more than to share celebrity news; and we love sharing that celebrity news with you! Browse the site and see what hits you.

Monster energy drink lawsuit | Celebrity News

Are Energy Drinks Killing Our Kids? You Need to Know About These Lawsuits Against Monster

Before you crack open another can of energy drink, you might want to read this.

Energy drinks like Monster market themselves as a fun way to boost and maintain your energy levels, but plaintiff in lawsuits are claiming these high-powered energy drinks can cause heart attacks, stroke, kidney failure and even death.

We’ve all seen these products in the store–they’re sold right alongside caffeinated soda, and people often drink them in the same quantities — more than one per day. But Monster energy drinks are very different from soda.

19-year-old Dustin Hood was a healthy Georgia teen when he died suddenly in 2015. He drank 3.5 24-oz. cans of Monster (the equivalent of 14 12-oz .cans of Coke) in less than 24 hours, and then passed away after collapsing on a basketball court.

According to a lawsuit filed in January of 2017 by Hood’s father, the healthy teen died of cardiac arrhythmia (otherwise known as an irregular heartbeat) allegedly brought on by consumption of the beverage — his family believes Monster didn’t do enough to warn their son.

“The warnings were insufficient to alert Dustin Hood of the significant risk, scope, duration and severity of adverse events and/or reactions, including adverse cardiac events, associated with consuming Monster Energy Drinks,” the complaint reads.

Meanwhile, Hood isn’t the only teen who has allegedly died after drinking Monster. In 2011, 14-year-old Anais Fournier of Maryland passed away after drinking 2 cans of the beverage in 24 hours — an autopsy showed that the cause of death was also cardiac arrhythmia, and was caffeine-related.

And 19-year-old Alex Morris of California, who drank 3 cans of Monster a day for the last three years of his life, allegedly died of cardiac arrhythmia as well.

Meanwhile, Robert Grim of Arizona is reportedly on dialysis awaiting a kidney transplant after he claims his 10-year, four-cans-per-day Monster habit caused his kidneys to stop functioning while he was in his 20s.

As the Hood lawsuit makes clear the bottom line is that Monster isn’t doing enough to inform consumers about the risks associated with its product. The complaint alleges, “Monster has continually ignored or otherwise rejected the overwhelming and growing body of scientific and medical literature describing the harmful consequences associated with energy drink consumption.” If you would like to read the full complaint, please click here.

And not only that — the Hood lawsuit says that Monster markets to children and teens — whose bodies process caffeine differently than adults.

So before you or a loved one downs another one of those high-caf drinks, you might want to ask yourself if it’s worth the risk.

 

Prison for Alanis Morissette's Manager | Celebrity News | PROOF with Jill Stanley

Prison for Alanis Morissette’s Manager

Alanis Morissette’s former business manager, Jonathan Schwartz, has been busted for wire fraud and for filing false tax returns. In addition to stealing $4.7 from Alanis, Schwartz also stole $1.7 million from other clients.  Because of the seriousness of the charges against him, Schwartz faced 23 years in federal prison. But, he has entered into a plea deal with federal prosecutors in which he will serve from four to six years in prison. He’s also on the hook for $8.2 million in restitution.

Financial Adviser Ryan Wibberley

So, how did Alanis get snowed? She tried to do the right thing regarding her finances– she hired Schwartz, a financial advisor at GSO Business Management, a California company that touts itself as a premier business management firm. Even if we don’t have a lot of money, most of us are unsure of where to put our money, how to invest, how to plan for retirement so it’s especially smart for Alanis and others with high net worth to hire professionals to handle their money. The level of trust people put in their financial managers is high and when one gets ripped off by them, it really stings. Not just because hard earned money is missing but because being duped by someone we trust never feels good. What did Schwartz do with Alanis’ money? He spent $75,000.00 of it to pay off a gambling debt (nice that a financial advisor has a gambling problem. Not sure how that got past GSO). And, more than $50,000 for a lavish vacation to Bora Bora. Clearly, Alanis was not one of his travel companions.  He also invested some of it in illegal marijuana growing business. Yup, an illegal one. This guy is too much.

Lucky for Alanis (who had fired Schwartz in 2016), her new manager quickly realized Schwartz had been stealing from her. Naturally Alanis was pissed. She threatened to sue GSO for the missing money because Schwartz was acting in his capacity as a partner in the firm at the time of the theft. GSO claimed Schwartz was operating outside that scope of his job, had gone rogue, and Schwartz, not GSO, was solely responsible. GSO did act swiftly and suspended Schwartz (they are also suing him) but that’s not enough to shield them from liability. In June 2016, Alanis reached a settlement with GSO (and Schwartz) and as far as Alanis’ civil matter regarding Schwartz’s unethical behavior and GSO’s responsibility that case is closed.  And, because Schwartz has already plead guilty in the criminal and is awaiting sentencing on February 1, 2017, the criminal matter will soon be over as well. Still pending, however is GSO’s action against Schwartz. Going to be a little difficult to pursue with Schwartz behind bars. Time will tell what if any insurance coverage may come into play here (likely not much because insurance doesn’t generally kick in when there’s intentional, illegal behavior as opposed to negligence).
Alanis joins a long list of celebrities who have been taken advantage of by someone with a fiduciary responsibility to them. Ben Stiller had $250,000 ripped off by his financial advisor Dana Giachetto, Sting lost close to $10 million, Uma Thurman a million. And, As PROOF recently reported, Johnny Depp just filed a $25 million fraud lawsuit against his business managers.

Mel Gibson Pays Robert Downey Jr's Insurance | Celeb News | PROOF with Jill Stanley

Are You Ready to Be a Mel Gibson Fan Again? This Might Just Convince You

If Hacksaw Ridge isn’t enough to convince you to be a Mel Gibson fan again, learning about this very cool thing he did for an A-lister just might! As many know, Mel Gibson struggled with an alcohol addiction. And, it was an alcohol related arrest that lead to the incident involving the anti-semitic rant that had many of us enraged, let down and no longer supportive of Gibson. We also know that since that arrest Gibson has apologized to the Jewish community and that he has tried to make amends. Now, 10 years later, he seems to finally be finding his way back into Hollywood’s better, if not good, graces. His film, Hacksaw Ridge, has been nominated for a Golden Globe. But there is a little-known story about him that may also help change what some think of him.

It’s the story of how he helped out fellow troubled celeb, Robert Downey Jr. After Downey’s repeated run-ins with the law due to his addiction issues, Hollywood was afraid to work with him; no insurance company would insure him. They were all worried that Downey would relapse, that he would fail to show up for work or be unable to learn his lines. Basically, they no longer believed Downey could do his job. If Downey did in fact fail, the cost to the production and the insurance company would be high. In the insurance terms, Downey was worse than a sixteen year old male driving a Porsche—he was simply too high a risk. So what did Gibson do? He underwrote insurance coverage for Downey. This means that if Downey did, in fact, fail to do his job and an insurance claim was triggered, Mel would have to pay for the loss. I don’t know about you but this act of kindness and assumption of personal risk deserves some recognition. And, more, Gibson’s actions shows empathy. Not a bad trait to have.

**One more little note about these two: both have received acts of clemency, integral parts of the American justice system. Downey received a criminal pardon from Governor Jerry Brown of California in 2015 for his conviction and in 2009 a Malibu judge dismissed/expunged Gibson’s 2006 drunk driving conviction from his record. I’d say it’s probably time for all of us to move on.

Selling An Oscar Award | Celebrity News

Selling an Oscar? We’ll Give You $1.00 Says the Academy

Ever wonder what happens if an Oscar winner decides she doesn’t want her award anymore? Maybe it’s just taking up space on her mantle or in her bathroom (where Juliette Binoche keeps hers) or a sock drawer (Anna Paquin’s hiding place).  Or maybe, that winner has passed away and her heirs have bills to pay and want to sell it (or melt it down!). Or maybe, the actor just needs some extra cash? Toss that thing up on EBay or let a high-end auction house like Sothebys sell it? Guaranteed to yield big bucks, right? Well, no, actually.  Because since 1951 Oscar winners and their heirs, are prohibited from selling the gold statuette without first offering to sell it back to the Academy of Motion Picture Arts and Sciences (prior to 1951 there was no such rule).

At first blush, this may sound okay. The Academy must have a lot of money.  They put on that fancy, seemingly never-ending show each year. Surely they know better than anyone else the value of an Oscar. Easy. Let them buy it.  Well, again, that’s a no, assuming the winner wants to make some money on the sale. You see, in the fine print of the Academy’s regulations, there’s the following language: “Award winners shall not sell or otherwise dispose of the Oscar statuette, nor permit it to be sold or disposed of by operation of law, without first offering to sell it to the Academy for the sum of $1.00. This provision shall apply also to the heirs and assigns of Academy Award winners who may acquire a statuette by gift or bequest.” So that’s what a winner gets if she sells her Oscar to the Academy—one dollar (it used to be $10.00 but they lowered it!).  And each winner must sign the Academy’s regulations. If she refuses to sign, then no Oscar.  As you can imagine, so far no one has refused to sign but it’s also probably fair to say that very few have read the fine print!

Despite these strict rules, reportedly up to 150 Oscars have been sold. Industry experts estimate that the prices have ranged from $60,000 to $1.5 million. Many that have been sold were Oscars awarded post the 1951 ban.  The Academy is not sitting idly by and letting this happen.   They are bringing lawsuits, seeking punitive and compensatory damages as well as demanding the return of the statue. So far, courts seems to be on their side.  In 2015 an LA court showed support for the Academy’s position and denied a motion for summary judgment in the legal battle waging between the Academy and heirs of Joseph Wright who won an Oscar for best color and art direction in the 1942 film My Gal Sal.  This Oscar was clearly won before the 1951 rule was enacted so, among other things, Wright’s heirs argued it could be sold. But, because Wright was a member of the Academy until his death in 1985, the Academy contended the Oscar must be offered back to them.  And the judge agreed.  According to Judge Feuer, the LA County Superior Court judge who decided the matter, she was not applying the law retroactively to Wright but rather it was that his membership in the Academy was predicated on his agreement to the new right of first refusal in its bylaws.  She further pointed out that “As of 1951, Wright was free to leave the Academy and sell his Oscar on the free market, but instead decided to retain his membership subject to the new bylaws.” If you’d like to read Judge Feuer judgment that all parties stipulated (agreed) to, please click here.

Though so far the court has agreed, not all legal experts do. Some question the legal enforceability of the Academy’s regulations and others argue that because Oscar statues are considered the property of the winner, winners should be able to do what they wish with it. Make sense, right? The winner put in the hard work, rightfully won the award, why should they have any restrictions?

The Academy has a convincing counter argument. Dawn Hudson, the Chief Executive Officer of the Academy since 2011, has said that the Academy never intended the Oscar to be treated as an article of trade, and making it so diminishes its value and that it should remain as recognition of creative effort not for commercial purposes. Hollywood big wigs seem to agree with Ms. Hudson.  Steven Spielberg, himself an Oscar winner, bought Bette Davis’ 1938 Best Actress Oscar for Jezebel for $578,000 and returned it to the Academy (he has bought others and returned them as well).  If you’re following the argument, he was allowed to legally buy this Oscar because it was prior to the 1951 rule but because he has been a member of the Academy after 1951 he was bound by the rule (more likely though he returned it because he agrees with their position about recognition of creative efforts). Kevin Spacey did the same with George Stoll’s 1945 Oscar for Anchors Aweigh for which he paid $157,000.

I applaud what these A-listers are doing  and I understand the Academy’s position—I’m just not so sure I agree with it, from a legal standpoint.

Want more stories to feed your celebrity news fix? Check out what PROOF has to say about celebrity divorce, celebrity arrests, and other breaking celebrity news.

Eva Longoria's Restaurant Sued | Celeb News | Proof with Jill Stanley

Eva Longoria’s Restaurant, Beso, Sued…Again!

In 2008, entrepreneur/actress Eva Longoria opened Beso, a Latin restaurant located in the heart of Hollywood. Naturally, at the outset it was packed with big celebs such as Brad Pitt, Courtney Cox, and Ryan Seacrest. It was quite a hot spot. It also garnered and continues to garner solid reviews on Yelp, Open Table and Trip Advisor. So, what’s with all the lawsuits? Well, thankfully none of them are for food poisoning. But, not so sure Hollywood elite are going to return there instead of heading straight for Catch, arguably the hottest hot spot of late 2016 and likely 2017!

The most recent suit against Beso, filed on December 20, 2016, is for injury and premises liability and seeks damages in excess of $25,000. Premises liability is a legal term and pretty self explanatory: an injury occurs on someone’s property. In order to win a premises liability case in California the injured party (plaintiff) must prove that the defendant owned, occupied, leased or controlled the property, was negligent in the use or maintenance of the property, the plaintiff was harmed and that defendant’s negligence was a substantial factor in causing that harm. In this case, Paul Michael Flores claims that he was struck several times while at Beso, by a Beso employee. Further complicating things for Beso is that the incident occurred during an after party for one of Longoria’s movie, Lowriders; and Flores alleges that violence that night was foreseeable because of actors from East LA gangs were present at the party and Beso knew they would be present. This is not good news for Longoria. Would have been better had a random patron on a random night struck Flores. I’ll keep an eye on this lawsuit but settlement likely assuming Flores’ injuries are real and the evidence supports his claims.

As for Beso’s other lawsuits? The 2010 and 2013 lawsuits also claimed premises liability and injuries one involving a physical altercation and another involving a slip and fall. Those suits were ultimately both resolved and dismissed. In 2011, Beso was hit with another slip and fall lawsuit that has also been resolved. (There’s another 2011 suit that is contract based and named Eva Longoria individually as a defendant but that relates to her failed Las Vegas location under the same name.)

So, whether Longoria and her team (which includes celebrity chef Todd English) can keep fighting these lawsuits and still run a successful establishment in a town overflowing with restaurants and clubs remains to be seen but certainly all this violence is not helping.

Mel Gibson

Mel Gibson is Staging His Comeback Years After Case Involving Anti-Semitic Rant Was Dismissed

The conviction connected with the anti-Semitic rant heard ‘round the world is off the record books. In fact, it has been for quite some time—since 2009. How is that most of us don’t know that? Well, it’s due to the perfectly legal concept of expungement (and a little bit because of the First Amendment). Let’s go back to 2006 when it all went down.  

Mel had a little too much to drink on July 28, 2006 (At the time, Mel was a self-pronounced, long-suffering alcoholic) at a popular bar on the Pacific Coast Highway in Malibu. Nevertheless, he got into the driver’s seat of his Lexus and proceeded to speed down the PCH doing 85 in a 45. I am very familiar with this stretch of road and I can tell you that he put his life, and the lives of others, in danger that night.

Once the officer pulled Mel over, it was very obvious that Mel was drunk.  The officer had Mel perform field sobriety tests and when he advised him that he was detaining him for suspicion of drunk driving that’s when all hell broke loose. Mel refused to get in the cop car, tried to run back to his own car, touted his celebrity status and “who he was”, and launched into the infamous anti-Semitic tirade that we all seem not to be able to forget. Mel was ultimately charged with misdemeanor drunk driving, driving with an elevated blood-alcohol level (his was .12 the legal limit in CA is .08) and driving with an open container of alcohol in his car (a bottle of tequila was found in the Lexus). Mel never appeared in court on the matter.  His lawyer brokered a deal, and, on Mel’s behalf, entered a plea of no contest to driving with a blood alcohol level of 0.08 percent or higher; the other charges were dropped as part of the deal. Just so my PROOF readers are clear, in California, no contest is not an admission of guilt but is equivalent to a guilty plea for the purposes of sentencing. It is not an uncommon plea in situations involving the types of charges levied against Mel Gibson.

As for his nolo plea (that’s fancy legal talk for a no contest plea which comes from the Latin phrase nolo contendere), Mel was sentenced to three years probation with a requirement that he spend the next year in a 12-step program for alcoholism, pay more than $1,600 in fines and fees, restriction of his driver’s license for 90 days, and to undergo a state-mandated alcohol abuse education program for three months.

In 2009, that conviction was expunged or dismissed, as it is called in California.  In plain language this means that the conviction is off of Mel’s record; it’s as if it never happened (though it is visible to law enforcement and can be considered should he have a subsequent arrest). Well, why is that? Did he get special treatment because he’s a celebrity (On a related note, some believe Mel got special treatment during the arrest but an investigation found that procedures were properly followed)? No, as for the dismissal, Mel did not receive special treatment. But before, I explain why he didn’t get special celeb treatment, let’s discuss briefly the concept of expungement.  Expungement is an essential part of our criminal justice system. There are many reasons why someone would seek to have a conviction expunged. Those reasons range from the inability to rent an apartment or an office, the inability to get a job, and today’s world, it might even mean the inability to get a date. Landlords and employers routinely do criminal background checks on potential tenants and candidates and, with such easy access to criminal records via the internet potential dates are now doing the same for potential mates!  So rather than have to live with the stigma of a conviction and/or have to explain sensitive situations from one’s past, if one meets the eligibility requirements, an expungement can be very helpful.

Expungement eligibility varies by state but the requirements are generally similar and by analyzing Mel’s dismissal we can learn how the convictions of others might be handled.  Here’s what the judge in 2009 considered when dismissing Mel’s case:

  1. Mel was convicted of a misdemeanor
  2. Mel was not sentenced to time in prison
  3. Mel satisfied all the requirement of his punishment
  4. Mel had not gotten into any other legal trouble ( He was arrested 2 years later though!)
  5. More than a year had passed since Mel’s conviction

Thankfully no one was physically injured as a result of Mel’s drunk driving. The most heinous part of Mel’s arrest, to most of us, is those terrible, hateful comments that spewed from his mouth that night.  And for those who believe alcohol is a truth serum it is very hard to forgot what he said or believe that he did not mean what he said despite his apologies.  But, Mel did not violate any laws by saying what he said. The First Amendment, protects his words no matter how odious or hurtful and so you will notice that Mel’s comments are not part of the dismissal discussion. Quite simply, they play no role in the expungement analysis. No matter how bothered some may still be by his comments, the judge’s actions in not considering them in his dismissal determination, was proper.  As for whether you forgive or dismiss from your mind Mel’s arrest, well, that’s solely for you to decide.

Meet Two of Bill Cosby’s Accusers | Celeb News | PROOF with Jill Stanley

Meet Two of Bill Cosby’s Accusers: Ruehli and Constand

As we all know, the once adored creator and star of The Cosby Show has become one of America’s most despised men. To date, more than 50 women have publicly accused Bill Cosby of rape, sexual assault or attempted assault. His disturbing behavior spanned decades. Now, he has been charged and, in the coming year, will stand trial in a Pennsylvania court. His accusers vary in just about every aspect from age to appearance to socioeconomic background. We could spend days talking about these women, dissecting their lives and interaction with Cosby but, let’s look at two of his accusers as they serve to crystallize so much of what this case is about: the earliest victim, Kristina Ruehli, and the former basketball player, Andrea Constand, whose refusal to back down sparked Ruehli to speak up.

In December 1965, Kristina Ruehli, was a 22-year-old talent agency secretary whom Cosby invited to a cocktail party at his home. When she arrived fashionably late to the party, Ruehli was surprised she was the only one there. She quickly realized there was, in fact, no party but agreed to stay for a cocktail– he was Bill Cosby after all. Ruehli only remembers her first few of sips. When she regained consciousness hours later, she found herself with Cosby in his bedroom; he was attempting to force her to perform oral sex. Ashamed and embarrassed, Ruehli, the beautiful, blue eyed blonde did not report the incident. But in 2005, buoyed by the stories of other victims, Ruehli gained the courage to speak out. Specifically, it was during Andrea Constand’s civil lawsuit that Ruehli exposed what Cosby had done to her. Ruehli, now 73 years old, has since dropped her charges against Cosby. But she did not do so for want of proof or because she felt some latent shame for herself or sympathy for Cosby but rather because she believes her suit against him did what she wanted it to do: shed light on the issue of sexual assault in this country. Can’t fault a woman for that.

Cosby approached Andrea Constand in 2002 while both were affiliated with Temple University in Philadelphia. He offered to act as her mentor. Who would say no to that? One time while Constand was at Cosby’s house she mentioned that she was feeling anxious. He gave her an herbal pill that he said would help ease that. Ok, maybe that wasn’t the smartest choice by Constand but remember, she was a fan and Cosby was widely known as a fatherly figure, very upstanding. The pill did a lot more than reduce Constand’s anxiety. It made her immobile. She was unable to escape while Cosby undressed her and sexually assaulted her. For years, she kept the assault a secret, but after struggling through nightmares and depression, she finally let it out. She filed a civil lawsuit against Cosby and that matter was resolved via a confidential settlement in 2006. One of the clauses in the settlement? Constand was not to talk about the matter with anyone. But, she cooperated with law enforcement during a subsequent criminal investigation. An investigation that led to Cosby’s arrest. Cosby and his legal team did not make it easy on Constand. He sued her for violating the agreement and demanded that she return the money that he paid her. In July 2016, U.S. District Judge Eduardo Robreno ruled that Constand’s cooperation in the investigation did not violate the nondisclosure provision in the 2006 settlement. Cosby will now stand trial. With regard to proof Cosby’s trial is going to rival that of O.J’s.

Hulk Hogan Wins Lawsuit | Celebrity News | PROOF with Jill Stanley

Here’s How Hulk Hogan Wrestled $140M Away from Gawkerr

By now you have probably heard that in March 2016, Hulk Hogan won a $140 million verdict against Gawker Media, an online media company and blog network.  Here is a quick overview of what happened:  Hulk Hogan’s real name is Terry Bollea.  In 2012, Gawker Media posted a video of Mr. Bollea (Hulk Hogan) having sex with his former friend’s now ex-wife. Despite multiple requests to have the the video taken down, Gawker refused. Eventually Hogan filed suit and the case went to trial.  In general, people who are deemed to be “public figures” have a lower expectation of privacy than we mere mortals do.  At trial, Gawker argued that Hulk Hogan is a public figure and therefore posting and maintaining that video on their site  did not invade his privacy.  Hulk Hogan disagreed and said the video was not his public persona, Hulk Hogan, but rather a video of Terry Boella as a private citizen in his private capacity.  The jury agreed with Hogan/Boella and awarded him $140 million in damages.  So, Hulk gets the money and all is well that ends well, right? Not so fast.  Gawker filed bankruptcy after the verdict and has appealed the case.  There are talks of settlement  but so far nothing.  PROOF will keep an eye out and keep you posted on any developments.

Shaun White Sexual Harrassment | Celeb News | Proof with Jill Stanley

Shaun White, I Am So Mad at You

I really am. You were my favorite snowboarder, my kids looked up to you, we even have a skateboard you signed that I got by trading in thousands of credit card points. I’m thinking about selling it on Ebay or, on second thought, maybe I’ll just throw it out. And when everyone was referring to you as the Flying Tomato, I refused to do so, thinking you were too cool for that silly nickname. But, you know what? There are a few names I’d like to call you right now and they make that sound like the height of coolness. Yeah, you know what I’m talking about, Shaun. For those of you who don’t, and from my unscientific poll, many don’t, here’s what is going on with this former Olympian: He’s being sued for sexual harassment and back pay by Leah Zawaideh, his former Bad Things bandmate. Among Zawaideh claims is that White sent her sexually explicit texts, forced her to watch pornographic videos (some involving animals), and tried to coerce her into wearing revealing clothing on stage. When she refused to comply with his demands, the snowboarder fired her and refused to pay wages she rightfully earned. Zawaideh has released some of the texts and they are not pretty. But more than that, they are actionable which means they present solid evidence on which to base a sexual harassment claim. Interesting, though, White doesn’t deny sending the texts but rather, cavalierly says the the two were friends at the time and that she’s now using them to craft a bogus lawsuit. Really? Is that how we treat friends. She’s not your former girlfriend, she’s not your former lover, she not your former anything other than your bandmate and you misread that relationship. Not sure why. She didn’t ask to be treated this way. She didn’t ask for the d**k pics, the porn. And while you have a right to shape your band’s image, you can’t do so by violating the law.

Here at Proof we stand behind Lena Zawaideh and her strength in choosing to pursue a case that won’t be easy nor popular. We commend you for saying loudly and clearly that women shouldn’t have to tolerate harassment at work and Shaun White shouldn’t be allowed to do whatever he wants just because he is famous. No need to be embarrassed anymore, Leah. You’re my new hero(ine). Got a pair of drumsticks you can autograph for me and my kids? I’ll gladly hand over my credit card points.

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