Copperfield Sued for Disappearing Act
David Copperfield wishes this was just an illusion.
The famed trickster, already battling accusations of sexually assaulting a woman at his island retreat, is now being sued for $5 million for scuttling a tour of Asia in the aftermath of the allegations.
Copperfield's attorney disputes the new complaint, saying the magic man pulled the plug "after the promoters committed a number of breaches."
The lawsuit, filed Tuesday in Los Angeles Superior Court by promoters Viva Art International Ltd. and MAZ Concerts Inc., claims the 51-year-old Copperfield failed to perform 48 scheduled shows. The live performances included 38 dates in Southeast Asia—Jakarta, Indonesia; Kuala Lumpur, Malaysia; Singapore; and Bangkok, Thailand—between Oct. 23 and Nov. 10, and 10 gigs in the United Arab Emirates between Dec. 3 and Dec. 9. (View the lawsuit.)
According to the 17-page complaint, Copperfield decided to scuttle the trip after learning the FBI was executing a surprise raid on his Las Vegas warehouse and other properties in connection with the sex probe.
"After the allegations of sexual assault became public in media around the world, Copperfield had no intention of honoring his obligations under the agreement in foreign countries," the suit says.
The plaintiffs go on to claim Copperfield wanted to dodge the spotlight "at a time [that] would have required him to make public appearances, answer questions from foreign authorities upon entry into their countries, and give interviews to various foreign news outlets overseas."
Not so, retorts Copperfield's camp.
"David Copperfield canceled his overseas tour because promoters did not honor their contractual commitments, including failing to make a contractual payment of more than $1 million and canceling a segment of the tour without Mr. Copperfield's consent. The cancellations had nothing to with a federal investigation into allegations by an unidentified woman," said spokesman Glenn Bunting.
Per court papers, the promoters claim the entertainer's lawyer, Albert Rettig, continues to hold in a trust $2.1 million worth of deposits they paid him.
That sum was part of the $4.4 million the plaintiffs agreed to pay Copperfield as part of his "Artist's Guarranteed Fee." But, the plaintiffs say, due to a scheduling snafu with the venue in Abu Dhabi in the U.A.E. that resulted in a cancellation, Copperfield's lawyer demanded an additional $500,000 on Oct. 16 to continue with the Asian tour, along with a $1.1 million payment.
After the promoters refused, Rettig informed them on Oct. 19 that his client would not be hitting the road, the suit says.
However, Bunting insists the illusionist was "ready and able to perform" and that it was MAZ Concerts who broke the contract, four days before he was set to fly out. Bunting cites an email MAZ's Mark Zurevinsky sent to Rettig acknowledging the Abu Dhabi cancellation and suggesting that show be rescheduled for 2008, but also gave him the option of withdrawing completely.
"According to our agreement, I am aware that the artist has the right to cancel the entire contracted tour, including the Southeast Asia tour leg." Zurevinsky wrote, according to a copy of the email supplied by Bunting.
"As you are aware, a further deposit is due tomorrow for the tour. However, in light of your contractual right to cancel, and the monetary settlement and arrangements which would follow from such event under our contract, it seems more appropriate for you to first determine and then notify us in writing whether you wish to cancel."
The promoters, who previously had a good business relationship with Copperfield and planned his European tours, are seeking repayment of their $2.1 million deposit, along with another $2.5 million in lost profits and almost $200,000 in out-of-pocket expenses and other damages.
Meanwhile, no charges have been filed against Copperfield in relation to the criminal sexual misconduct investigation.
The magician's camp has denied any such indiscretions and calls the probe part of a "smear campaign."
His reps have been in damage-control mode after lurid revelations surfaced in recent days purportedly detailing Copperfield's penchant for backstage rendezvous with female audience members.
Per documents obtained by TMZ.com, the illusionist distributed instructions to his assistants on picking women from his audience, which he referred to as "scorpions," to participate in his act and then meet him afterward.
There, the assistants were reportedly ordered to talk up Copperfield's private Bahamian island and see if they had any interest in visiting.
The 21-year-old Seattle woman who accused Copperfield of raping and assaulting her stated in her criminal complaint that he flew her to his island resort in July after meeting her at a Washington state show last January.
Copperfield's Las Vegas-based lawyer, David Chesnoff, said in a statement that his client was the real victim, and denied the memos were intended to lure women to the island.
"These documents are not as they are being characterized," Chenoff said. "Recently, Mr. Copperfield was the victim of an unsuccessful extortion attempt by a disgruntled former employee. We believe these documents are a smear campaign, which is the a product of that unsuccessful shakedown effort.
"The distorted and twisted claim that these meet and greets were designed as a dating service for Mr. Copperfield is ridiculous," he continued. "In fact, thousands of audience participants were greeted in this fashion.
"As we have previously stated, Mr. Copperfield has never forced himself on anyone and has a spotless record and reputation."



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