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IN THE THE UNIT UNITED ED STATE STATES S DIST DISTRI RICT CT COUR COURT T FOR FOR THE THE NORT NORTHE HERN RN DIST DISTRI RICT CT OF ILLI ILLINO NOIS IS EASTERN EASTERN DIVISION DIVISION
JACQUELYNE HOLLANDER Plaintiff v. THE ESTATE OF JAMES BROWN ADELE J. POPE, Individually and As Trus Truste teee of the the Irrev Irrevoc ocab able le Trus Trustt esta establ blis ishe hed d By James Brown in August 1, 2000 ROBERT ROBERT L L.. BUCHANA BUCHANAN, N, JR., Individu Individually ally and As Truste Trusteee of the Irrev Irrevoca ocable ble Trust Trust establ establish ished ed By James Brown in August 1, 2000 THE STATE OF SOUTH CAROLINA Defendants
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Case No. FILED STAMP: APRIL 6, 2009 09CV2147 JUDGE GETTLEMAN MAG. JUDGE COX J. N.
COMPLA COMPLAINT INT AND JURY JURY DEMAND DEMAND
Plaintiff JACQUELYNE HOLLANDER (hereinafter referred to as “Hollander”) through her attorney, Donald P. Rosen, and hereby makes the following complaint against Defendants THE ESTATE OF JAMES BROWN, ADELE J. POPE, individually and as trustee of the irrevocable trust established by James Brown in August 1, 2000, and ROBERT L. BUCHANAN, JR., individually and as trustee of the irrevocable trust established by James Brown in August 1, 2000 (hereinafter collectively referred to as “Defendants”) and for her complaint, respectfully states as follows: TABL TABLE E OF CONT CONTEN ENTS TS
THE THE PART PARTIE IES S ………… ……………… ………… ………… ………… ………… ………… ………… ………… ………… ………… …….. JURI JURISD SDIC ICTI TION ON …………… ………………… ………… …………… ……………… …………… …………… …………… ………. …... .. FACT FACTS S APPL APPLIC ICAB ABLE LE TO ALL ALL COUN COUNTS TS ………… ……………… ………… ………… ………… ……… … COUNT ONE Fede Federa rall Decl Declar arat atory ory Judg Judgme ment nt Act Act ………… ……………… ………… ………… ………… ………. …... ..
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COUNT TWO Accoun Accountin ting g ………………… ………………………… ……….…… .…………… ……………… ……………… ……………. ……... ..
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RELIEF RELIEF REQUES REQUESTED TED – COUNT COUNT ONE ……………… ……………………… ………………… ………………. …….
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RELIEF RELIEF REQUES REQUESTED TED – COUNT COUNT TWO TWO ………………… ………………………… ………………… …………… …
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JURY JURY DEMAN DEMAND D ………………… ………………………… ………………… ………………… ……………… ……………. …….……. …….
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EXHIBIT “A” – Affidavits EXHIBIT “B” – Last Will of James Brown EXHIBIT “C” – Irrevocable Trust Agreement of James Brown EXHIBIT “D” – Proposed Settlement Agreement THE PARTIE PARTIES S
1.
Plaintiff Plaintiff Hollander Hollander is an individual individual who currently currently resides resides in Garden Garden
Prairie, Illinois. 2.
Defend Defendant ant Adele Adele J. Pope Pope is a reside resident nt and citize citizen n of South South Caro Carolin lina. a. She She is
an attorney who was appointed as Trustee of the Irrevocable Trust of James Brown on November 20, 2007. She may be served at the Law Offices of Adele Pope, PC 1218 Taylor Street, P.O. Drawer 7125, Columbia, South Carolina 29202-7125. 3.
Defend Defendant ant Robert Robert L. Buchan Buchanan, an, Jr. is a resi residen dentt and and citize citizen n of of Sout South h
Carolina. He is an attorney who was appointed as Trustee of the Irrevocable Trust of James Brown on November 20, 2007. He may be served at 212 Newberry Street NW, P.O. Box 463, Aiken, South Carolina 29802-0463. 4.
The State State of South South Carolina, Carolina, represent represented ed by Assistan Assistantt State Attorney Attorney
Sonny Jones, is responsible for representing the potential beneficiaries of the “I Feel Good” trust. He may be served at Rembert Dennis Building, 1000 Assembly Street, Room #519, Columbia, South Carolina 29201.
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JURISDICTION
5.
This Court Court has subject subject matter jurisdic jurisdiction tion over this action action pursuant pursuant to 28
U.S.C. § 1332 (Diversity of Citizenship). The amount in controversy is in excess of $75,000.00 in that the value of the enterprise between James Brown and Hollander is estimated at over $100,000,000.00. FACT FACTS S APPL APPLIC ICABL ABLE E TO ALL ALL COUN COUNTS TS
6.
In 1987 Jacque Jacque Hollander Hollander (hereinaft (hereinafter er referred referred to as “Holland “Hollander”) er”) worked worked
with James Brown (hereinafter referred to as “Brown”) the widely-known entertainer as a record producer, spokesperson and songwriter. At a meeting between the two of them, attended by Brown’s attorney Buddy Dallas (hereinafter referred to as “Dallas”) Brown and Hollander decided to jointly establish an enterprise in which they would each contribute time and money and use those resources to help needy children. They named that enterprise the “I Feel Good Children’s Trust” after James Brown’s hit song. See Exhibit “A” affidavits of Albert H. Dallas, Joseph F. White, Jr. and Roosevelt Johnson.
No written agreement was made at that time to formalize that enterprise. 7.
Both Brown and Hollander Hollander,, over the following following two years, years, contribut contributed ed
significant time and money to this endeavor. Under Hollander’s leadership, thousands of dollars were earned and contributed to needy children. Hollander wrote three songs and contributed those royalties. Hollander spent considerable time promoting the enterprise. 8.
In 1989, 1989, following following a sexual sexual assault assault perpetrated perpetrated by Brown on Hollande Hollander, r,
she moved to Illinois. Brown continued the partnership and in 1999 – 2000 that partnership was formally memorialized into the “I Feel Good Trust”, part of the Irrevocable Trust Agreement of James Brown (hereinafter referred to as “Trust” or “the
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Trust”). See Exhibit “A” Affidavit of Albert H. Dallas . Exhibit “C” Irrevocable Trust Agreement of James Brown. The stated purpose of the trust, as with the original
partnership, was for the benefit of poor and financially needy children (Trust Agreement, Article VII(1).) 9.
After After Hollande Hollanderr moved moved to Illinois Illinois,, Brown continued continued to place assets assets into
the partnership, including the publishing of their joint songs. On August 1, 2000 Brown executed his last will and testament (hereinafter referred to as “Will” or “the Will”.) A copy of the Will is attached hereto as Exhibit “B”. In the Will only Brown’s household and personal affects passed on to his children. The remainder of his estate was to pass through a “pour over” clause into the Trust. 10.
Brown died on December December 25, 2006. 2006. Betwe Between en the time that Hollander Hollander
moved to Illinois and the time that Brown died, despite the accumulated assets in the trust, which are estimated at over one hundred million dollars, Brown never contributed any material amount toward needy children and, in fact, borrowed freely from the trust assets for his own personal use. 11.
After Brown’s Brown’s death death,, the the Will Will was filed filed in the Probate Probate Court Court of Aiken Aiken
County, South Carolina. Judge Doyett A. Early, Jr. has presided over the probate proceedings regarding the Trust and the Estate of James Brown. There is currently pending before that court a proposed settlement agreement that would eviscerate the trust and, in contradiction to the terms of the Will, allow only half of Brown’s assets to fund the Trust.
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The trustees trustees appointe appointed d by by Brown Brown himsel himselff to to the the trust have been replaced replaced
by court-appointed trustees, the defendants Adele Pope (hereinafter referred to as “Pope”) and Robert L. Buchanan, Jr. (hereinafter referred to as “Buchanan”). 13.
Hollande Hollanderr has has made made many many attempts attempts to to be heard before the South South Caroli Carolina na
Court and has been told that she could not appear without counsel. It has been impossible, due to the magnitude of the proceedings, for Hollander to obtain disinterested local counsel in South Carolina. Her attempts to discuss her personal interest in the trust with Pope and Buchanan were met with indifference and even hostility. COUNT COUNT ONE ONE Federal DeclaratoryJudgment Act, 28 U.S.C. §§ 2201 and 2202
14.
Brown Brown and and Hollan Hollande derr entered entered into into a partn partners ership hip in in 1987 1987 that that was never never
formal formally ly or inform informall ally y dissol dissolved ved by either either party party.. They jointl jointly y contr contribu ibuted ted time time and money toward an enterprise that would gift its proceeds to needy children. 15.
The partnersh partnership ip that that was was formed formed by Brown and Hollan Hollander der in 1987 1987 and that
was subsequently formalized in 2000 by Brown alone was a trust in name only and illus illusory ory in that that the purpor purported ted settle settlers rs of the trust, trust, Hollan Hollander der and Brown, Brown, exerci exercised sed complete control over the trust assets, even after Brown formalized the trust in 2000. 16.
In fact, fact, only only Holla Hollande nderr actuall actually y remain remained ed true true to the the initia initiall purpos purposee of the
partnership, to help needy children. She gifted her partnership proceeds to various needy children for two years. 17.
After After Brown Brown formalize formalized d the the partn partnership ership in 2000 as a trust he contribute contributed d
significant assets to the trust. Schedule “A” to the Irrevocable Trust Agreement specifically provides the following property to be delivered to the Trust: a. Initial Initial funding funding of $50.00. $50.00.
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b. All ownership ownership interest interest in in James Brown Enterprises, Enterprises, Inc. c. All ownership ownership interest interest in James James Brown’s primary residence residence in Aiken Aiken County, County, South Carolina. 18.
Schedule Schedule “B” “B” to to the the Irrevoc Irrevocable able Trust Trust Agreemen Agreementt endow endowss the the trust trust with:
All copyr copyrigh ights ts and and all rights rights to income income from from any copyr copyrigh ightt or publis publishin hing g rights rights to mus musica icall compos composit ition ionss of James James Brown Brown the entert entertain ainer, er, artist artist,, composer and creator of musical works and video graphic and sound images incl includ udin ing g the the like likene ness ss,, imag imagee and and perso persona na of Jame Jamess Brow Brown n a/k/ a/k/aa The The Godfather of Soul and any other stage or performance work now in existence or hereafter created by James Brown; the rights to any book, movie, narrative or illu illust stra rati tion on of the the life life and and the the work workss of Jame Jamess Brow Brown n in any any form form,, including, but not limited to the attached more definitive list of intellectual work product of James Brown, which is ever continuing and which work product may or may not be registered with the Library of Congress, ASCAP or BMI. 19.
Contempor Contemporaneo aneously usly,, Brown Brown borrowed borrowed thirty million million dollars dollars on those same
future earnings of royalties. On information and belief, that money was applied to Brown’s personal use and was never donated to needy children. PARTNERSHIP BETWEEN HOLLANDER AND BROWN 20.
Pursuant Pursuant to the South South Carolina Carolina Uniform Uniform Partnershi Partnership p Act S.C. Code Ann. §
33-41-210, a partnership is “. . . an association of two or more persons to carry on as co-
owners a business for profit . . .“ In this case, both Brown and Hollander acted in association to contribute income producing and appreciable assets to this enterprise. 21.
The South South Carolin Carolinaa Unifo Uniform rm Partne Partnersh rship ip Act S.C. Code Ann. § 33-41-
220(4) further provides, in relevant part, The receipt by a person of a share of the profits
of a business is prima facie evidence that he is a partner in the business 22.
Although Although there was an agreement agreement to give the proceeds proceeds of the the partne partnershi rship p
to needy children, this was never an obligation of the partners and was done voluntarily through Hollander as her share of partnership proceeds.
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Brown also received received proceeds proceeds from this partnershi partnership p and and n never ever contribu contributed ted
those proceeds to needy children. 24.
All property property brought brought into the partn partnershi ership p or subsequen subsequently tly acquired acquired by the
partnership by purchase or otherwise is partnership property S.C. Code Ann. § 33-41-230. TRUST VOID AS ILLUSORY 25.
Since Since Brown Brown so controlled controlled the trust that he was was able able to to use use its its assets assets with with
impunity and did not provide for the beneficiaries after Hollander’s departure, the trust was treated as revocable even after it was formalized as irrevocable in 2000 and thereby was invalid pursuant to S.C. Code Ann. § 62-7-112 . 26.
Further, Further, the formalizat formalization ion of the partnershi partnership p into into a trust would would have have
required the approval of Hollander as a fifty percent partner in the initial enterprise from which the trust was derived. COUN COUNT T TWO Accounting, S.C. Code Ann. § 33-41-550
27. 27.
Purs Pursua uan nt to S.C. Code Ann. § 33-41-550 , “Any partner shall have the right
to a formal account as to partnership affairs: (1) If he is wrongfully excluded from the partnership business or possession of its property by his copartners; (4) Whenever other circumstances render it just and reasonable.” 28.
In this case, case, Brown Brown sexually sexually assaulted assaulted Hollande Hollanderr who who then then could could not not
continue working directly with him in the partnership. 29.
Since Since Brown continue continued d the partnersh partnership ip through through providing providing income income
producing and appreciable assets to the partnership, under the auspices of donating the proceeds to needy children, the partnership continued even without Hollander’s direct
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participation. S.C. Code Ann. § 33-41-560. Hollander’s wrongful and illegal exclusion from the partnership entitles her to an accounting. 30.
Hollande Hollanderr is also legally legally entitle entitled d to her interest interest in the the partner partnership ship property property
and all proceeds of the partnership from 1989 through the present. S.C. Code Ann. § 3341-710/720. RELIEF RELIEF REQUESTED REQUESTED
WHEREF WHEREFORE ORE,, Plain Plaintif tifff reques requests ts judgm judgment ent agains againstt all named named Defend Defendant antss as follows: ON COUN COUNT T ONE: ONE:
1.
That That this this Cour Courtt ente enterr a decl declar arat ator ory y judg judgme ment nt in favo favorr of plai plaint ntif ifff that that
a.
That That Jam James es Brow Brown n and and Jacqu Jacquel elin inee Holl Hollan ander der wer weree equa equall part partne ners rs in in an
finds:
enterprise to earn money and gift that money to needy children. b.
That That the the “I Feel Feel Good” Good” trust trust establ establish ished ed by by James James Brown Brown in 2000 2000 was was an
extension of that partnership enterprise. c.
That That the the “I Feel Feel Goo Good” d” trus trustt estab establi lish shed ed by Jam James es Brow Brown n in 2000 2000 is is
invalid as illusory. d.
That hat the the prop roperty rty and and proc proceeeds eds in that that trus trustt are are leg legally ally owne owned d by
Jacqueline Hollander as the surviving partner. e.
Awards Awards plaintif plaintifff reasonable reasonable costs costs of this action action including including attorney attorney fees.
f.
That That Plai Plainti ntiff ff receiv receives es such such othe otherr and and furthe furtherr reli relief ef as this this Cour Courtt deem deemss
just and proper, under the full range of relevant circumstances which have occasioned the instant action.
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ON COUN COUNT T TW TWO O
1.
That That this this Cour Courtt orde orderr an an acc accou ount ntin ing g of all all asse assets ts and and proc procee eeds ds of the the
Irrevocable Trust of James Brown on behalf of the plaintiff. 2.
That That the the Cour Courtt orde orderr all all pres presen entt and and futu future re asse assets ts in the the Irre Irrevo voca cabl blee
Trust of James Brown be awarded to Plaintiff. 3.
That Plaintiff Plaintiff has such other other and further further relief relief as as this this Court deems just and
proper, under the full range of relevant circumstances which have occasioned the instant action. JURY JURY DEMAND DEMAND
Plaintiffs respectfully request that their claims be tried before a jury. Dated: April 6, 2009
Respectfully Submitted, JACQUELINE HOLLANDER By: Her Counsel
/s/ Donald Rosen /s/ Donald P. Rosen, Esq. ARDC #6278899 119 N. Kennedy Drive Carpentersville, Ill. 60110 (847) 322-3806
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