“I’m not sure if it’s on purpose,” notes Attorney Gardner, “but [the way the contracts are written up] are very nasty and sinister. It’s multi-layered. From a legal standpoint, when someone does something wrong to you, you can sue that person. Person A sues Person B; laymen understand that [concept]. But the problem arises when a middleman is included and the person on the backend does the harm. Person A has to sue Person B to get to Person C, but in this situation, Person B’s contract says ‘You can’t sue me.’ With the [So Icey Tour] contracts, Person A is the promoter. Person B is Ujaama [and/ or Shannon], Person C is Johnnie, Person D is Deb, and E is the artist.” For this reason, he explains, proceeding with a lawsuit is both a difficult and costly endeavor. “Because of the difficulty of the third-party situation, I have to prove which party has the money,” he explains. “Or maybe it’s all of them.” Complicating the matter even further, the agents’ contracts state that they cannot be sued in the event of a breach of contract. Although this clause is standard in most booking contracts where the agent is only a broker for the artist, Gardner advises his clients to cross it out before signing. “You can’t do business with people you can’t sue,” he says. “It’s legally impossible.” Ujaama’s attorneys have advised them not to comment on the matter due to pending litigation. Shannon Marshall, who did not return numerous calls for comment, appears to be in hiding. Most of the promoters interviewed have not been able to reach him at all since the cancelled tour dates. “I guess Shannon was a guy that got caught up with them thinking they were good businesspeople over there at Mizay Entertainment and found out they weren’t,” theorizes Godfatha. “They were double-booking shows and Johnnie was taking all the deposits.” Unanimously, the disgruntled So Icey Tour promoters say their money vanished into the hands of Cabbell and Antney. Although the initial deposits were wired to Ujaama, most of the promoters have seen confirmed wire transfer receipts that verify the money ended up in Antney’s bank account. Many have done business with Ujaama for years and never experienced similar issues. “I’ve dealt with Ujaama [before] and never had a problem, so if they say they [sent] the money to the next person, I tend to believe them,” adds Attorney Gardner, who compares the scenario to the sleight-of-hand shell game (left) practiced by street magicians. “It’s like being on the beach and watching the guys with the coconut shells. We just don’t know whose hand is on the coconut.” “I’ve had a great relationship booking artists with Ujaama for over ten years and I really didn’t wanna get into a legal battle with them. [In the past,] if [an artist] didn’t show up, Ujaama promptly refunded my money. But this? This is a nightmare,” says a frustrated Mr. CC. “I’m out so much money right now that I don’t have a choice. Legally, I have to sue Ujaama. Then Ujaama has to sue Shannon, who disappeared, and then Shannon’s gotta sue Gucci’s management.” Godfatha, while emphasizing that his Ujaama representative Dave Nelson is “a good dude,” blames the fiasco on Cabbell/Antney. “[Ujaama] did a good job of trying to sit down and work the [So Icey Tour] situation out, but [Johnnie and Deb] didn’t want to. If you had $300,000 in deposits, would you want to ‘work it out’?” he asks. “Who’s going to come down to Atlanta and mess with an old lady and go to jail? That’s why you have to sue [Deb]. Everybody else is suing her too.”
Attorney Gardner agrees that hundreds of thousands of dollars appear to have vanished. “The one [deposit] my client sent was a significant sum, and if you multiply that by a 10+ city tour, that’s a hefty bill they have to return. Somebody has the money and can’t repay it,” he reasons. “I don’t know if it’s Johnnie, Deb, or Ujaama. We don’t know how deep the rabbit hole goes, but what’s in the dark always comes to light. If my client decides to sue, we will get to the bottom of it. Multiple defendants always end up telling on each other.”
MODERN DAY SLAVERY While it’s clear that Ujaama, Shannon, Cabbell, and Antney all received a piece of the So Icey Tour pie, it’s unclear how much – if any – of the initial hundreds of thousands of dollars in show deposits actually went to the artists. It appears that none of it went to OJ da Juiceman or Nicki Minaj, and it’s questionable how much the headliner Gucci received, if any. Chicago-based John Mosley of Power Move Promotions, a.k.a. John Doe, believes Gucci received little or nothing of the upfront deposits. Since 1997, Mosley has been successfully promoting events in Chicago, Miami, and Atlanta with artists like R Kelly, Jeremih, Twista, Too Short, Gorilla Zoe, and Plies. He partnered with Godfatha for the Chicago So Icey Tour date. Although he didn’t reveal the source of his information, Mosley claims that Gucci is locked into a 360 deal with So Icey/Asylum/Warner, and a good portion of the initial show deposits goes to the label, So Icey, which Deb controls. “Gucci Mane is a slave, man,” says Mosley. “Call him and ask him how much of the [show deposits] he’s actually getting.” 360 deals, which are the norm in today’s digital music world, guarantee record labels a percentage of their artists’ revenue from many different sources, including touring. A high-ranking executive at Warner Music Group wouldn’t disclose the exact terms of Gucci Mane’s deal, but did confirm that 360 deals are now standard. “All new [record] deals are inclusive to everything [including a percentage of show monies]. It’s a full-fledged deal,” says the exec. If true, it would appear that large portions of the show deposits (the 50% upfront) are being pocketed by Cabbell and Antney, and the artists themselves don’t get paid at all until they actually show up for the show and receive the back-end money – which could explain why Cabbell/ Antney don’t appear to be too concerned if the shows actually happen. Another source familiar with 360 deals at WMG doubted that Warner itself would have received a portion of the show deposits, stating that the artists’ performance revenue isn’t closely monitored by the major label. Regardless, “I’m sure Gucci never saw any portion of the deposit,” insists Attorney Gardner. “The artist [only] gets the back end when he shows up [to the show]. I’ve seen it [in other situations]. The label tells the artist, ‘You have fees.’ It’s just business. If Gucci owes them $10,000 for bottles or flights or jewelry, they’re gonna take 100% of what’s owed out of the [deposit].”
FEDERAL FRAUD The most sinister element of the scenario is the fact that it appears Antney/Cabbell continued accepting show deposits throughout much of the Fall 2009, fully knowing that Gucci would not be able to leave the state of Georgia. They allegedly told one promoter that they were simply “hoping” the judge would clear Gucci Mane’s legal obligations. According to Attorney Gardner, conspiracy to commit federal fraud (which can bring both civil and criminal charges) “involves two or more people coming together to fraudulently take someone’s money.” Accepting deposits and signing contracts for show dates that legally cannot happen is fraud, and money has been wired across state lines, potentially making it a federal offense. Taking it a step further, Gardner implies that Gucci himself could be liable for criminal fraud charges, even though he didn’t personally sign the contracts. “The state [of Georgia] already has Gucci [imprisoned], and the Feds are licking their chops to get him on something,” notes Gardner, who is also advising his clients to demand that artists personally sign booking contracts in addition to their management. “If you want to hire Gucci Mane, there should be one page with Gucci Mane’s signature saying, ‘I know about this date, and I agree to be there.’ Tie him into it legally.” Attorney Gardner notes that both he and his client had previous dealings with Deb, before her stint as Gucci Mane’s manager, which were “extremely
Cabbell emailed this “So Icey Tour” schedule to promoters in June 2009 OZONE MAG // 37