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Did Pacman pals hoodwink Shelly Finkel?
Mortz Marcelo Ortigoza
It seems the legal complaint of Americans Shelly Finkel, lawyers Keith Davidson,
and Nick Khan stemmed from how the $4 million dollar purse Philippine giant TV
network ABS/CBN had given to its boxing promotional partner Manny Pacquaio
Production (MPP). As what we know, Finkel particularly will get only 10% of the
compensation ABS/CBN will give to pound for pound great Manny Pacqauio. Who was
the main attraction of the Mano-a-Mano fight calendared on July 2, 2006 at the
20,000 screaming-and-yelling-crowd capable Araneta Coliseum in Quezon City,
Philippines . However, Finkel wanted 25% of the entire $4 million.
As a mere spectator of this brouhaha, I believe the division of the spoil was
the reason these Americans went to court in the U.S. Thus, one of their three
complaints was unfair business practice against Filipino lawyer Franklin Gacal,
and Wakee Salud who are -- if I’m not wrong -- are the bigwigs of the M PP.
Incase this case will persist, Manny Pacquiao will be included as a part of this
legal tussle on the amendment of the complaint as a respondent. He was the real
target of this case, since he got money, and assurances for attachment or
confiscation of his future purses in the U.S in case they will lost on this
case. On this case, Mr. Finkel filed a $ 7.5 million damage suit against those
said people at the MPP.
My question here: Was Mr. Finkel the present manager of Pacman, who calls the
shot how much his ward will earn be it here or in the U.S? So when Atty. Gacal
and Mr. Salud negotiated and signed with ABS/CBN that $ 4 million mega bucks,
they were there because Mr.Finkel authorized them. Remember, he is the manager.
In civil law, we call this as Principal-Agent relationship. Old man Shelly was
the principal or the boss, while these two chaps are his agents.
As what the legal truism said: the act of the agent, is the act of the
principal. What Gacal and Salud mouthed and signed with ABS was the managerial
act of Mr. Finkel. He and the said two American lawyers were even here recently
who graced and drummed up the July 2 event. So this evidence alone will show he
knew what was happening to the negotiation with the TV network cum boxing
promotional outfit.
But the problem, it seems his Filipino factotums at the MPP will get the biggest
chunks of the $4 million While he, the principal will get the crumbs (10%) from
the $1million given to Manny. Not the 25 % of the $ 4 million. As what manager
like him practiced in the U.S? Was he hoodwinked, or shortchanged? Or was this
gross negligence on the part of Mr Finkel of not reading meticulously the draft
before his agents and ABS/CBN who signed it into a contract? Because of this
oversight of how the spoil will be divided, he now cries how he was screwed by
his little brown agents. And man, he doesn’t only cry. He even threw a monkey
wrench on the tranquility of the contract. He said, he’ll withdraw the complaint
by the following conditions: he shares $3 million, he’s agreeable to no
extension; he shares $ 2.5 Million, he wants an extension of one fight; if he
shares in $ 2 million, he wants an extension of two fights; if he shares in $
1.5 million, he wants an extension of three fights; and if he shares in $ 1
million, he goes to court. And this is not your neighbor’s ordinary sport’s
court. This is the real court that has power to issue a writ of execution
someday that will change the mindset of Pacman starting today as he trains
because his future monetarily will be at stake here. Imagine, $ 7.5 million
damage suit! Unless the U.S Court will throw this complaint at the trash can.
Because this is a nuisance case . A big joke and stupidity on the part of Mr.
Finkel.
Oh, remember that aborted Jose Luis Castillo-Diego Corrales trilogy last week?
Castillo shed only ½ pound from his 140 weight. Because of it, the135 Junior
Light weight clash was cancelled. This to the consternation of fight fans where
many of them flew to Las Vegas, booked into hotels there, and bought tickets.
Bob Arum through his Top Rank was the promoter of this long awaited war that was
postponed last February. Another legal question: Is the promoter liable for
damages incase the paying spectators file a class suit against him since there
was a meeting of minds between him and them (through the ticket my dear Procopio)
that came June 3, 2006 they would be served with another bombshell as long as
they bought the tickets . The same question on the part of those who bought the
Pay Per View? Since, he did not practice due diligence in checking and
controlling Castillo as he reduced weight. Not to mention, the case that
Corrales will file against Castillo since the former was morally damaged as he
trains tremendously but found out later his opponent was not qualified to fight.
Would this same scenario happens comes November 2006, when Arum ward Erik
Morales conclude his trilogy with Manny Pacqauio? Since the latter was
determined to include on the contract he will fight only at 130 lbs Super
featherweight scale.
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