Jul 22, 2008 4:55 pm US/Pacific
Marilyn Manson Sued For Millions
LOS ANGELES (CBS) ―
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Marilyn Manson is being sued by a former band member who claims Manson spent money belonging to the band.
Vince Bucci/Getty Images
Marilyn Manson -- sued for millions by a former band mate who maintains the offbeat singer spent money belonging to the band partnership on extravagant acquisitions -- says he is the sole decision-maker when it comes to the group's money.
Manson makes the assertions in a five-page declaration included in
hundreds of pages of documents his lawyers filed Friday in connection with an Oct. 3 motion to dismiss ex-band keyboardist Stephen Bier's lawsuit on grounds there are no triable issues.
Central to the litigation is whether steps were ever taken to dissolve the band partnership. Manson maintains it ended 12 years ago, and Bier was an employee after that.
"Since 1996, I have made all business and financial decisions regarding
the band ...," Manson states in his declaration. "At all times after 1996,
Bier had no authority to make any decisions concerning band business and finances.
I made those decisions alone.
Bier never made any of those decisions for the band." Bier, better known by the stage name Madonna Wayne Gacy, fired the first shot in the litigation, filing a breach of contract suit Aug. 2 against Manson, whose real name is Brian Warner.
Bier, who is seeking more than $20 million, alleges Manson used money
from their former band partnership to buy items ranging from Nazi paraphernalia to a $150,000 engagement ring for ex-wife Dita Von Teese, depriving him of his partnership share.
Manson counter sued Bier on Dec. 19, alleging he breached a contract by
not fully participating in the making of master recordings, performing in
concerts and helping to sell band merchandise.
Manson also maintains that after the band partnership was dissolved he
became the clear focal point and leader of the band.
From 1996 until he was fired in 2007, Bier never told Manson that he
thought the original partnership agreement was still in effect, the singer
states.
"Had he told me that he believed he was still a partner, I would have
informed him that the partnership terminated in 1996 and that he was an
employee of my entities, and I would have taken further steps necessary to protect my rights, including terminating Bier's employment," Manson states.
The "OBSCENE" performer's declaration struck a derisive chord in Keith A. Fink, one of Bier's lawyers.
"Manson's declaration is about as grounded in reality as a Hans Christian Andersen fairy tale," Fink said. "Simply, the partnership was never dissolved.
The band never followed the (state) Corporations Code regarding steps for dissolution, nor did they comply with the literal terms of the partnership, which required unanimity ..."
The singer admitted in a separate lawsuit filed against him by former band co-founder and lead guitarist Scott Putesky that Bier was a partner, Fink
said.
"Manson misled Bier for years about the band's partnership funds and
when Bier finally forced the issue, Manson ... had him ejected from the band," Fink said.
"It is laughable to think anybody would believe Bier was working as an employee."
Manson, 39, and Bier, 44, have not been in court for any hearings in the
case.
(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)
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