$1 Million Rock Booking Scam Alleged

Banana Split says in the complaint: "In or about August 2011, defendant Keyes acting on his own behalf and on behalf of his business, Red Entertainment, approached plaintiff and convinced plaintiff to enter into a multimillion-dollar contract by falsely representing that defendant could book Stefani Joanne Angelina Germanotta aka the recording artist Lady Gaga for a private performance in Mexico. Defendant Keyes represented that he and Red Entertainment could/were 'connected' to Herbert, who in turn had a personal relationship with Lady Gaga and could act as Lady Gaga's agent in booking the performance for a $2,150.000 fee."

Banana Split says it paid deposit of $1.075 million directly to the schemers. It adds: "Defendants immediately diverted $650,000 of that money to an account owned by defendant Carroll's business Nevada Style for the purposed of funneling the money away from plaintiff and to defendants."

The defendants then fended off calls for information for 2 months, Banana Split says.

On Feb. 12 this year, Banana Split says, Herbert, whom it describes as "a nonparty conspirator, appeared on the television broadcast of the Grammy Awards Ceremony sitting next to Lady Gaga. Defendant Keyes directed plaintiff's attention to the broadcast and stated to plaintiff: 'Did you see who Lady Gaga was sitting next to? My contact, Vincent Herbert!' Upon information and belief, Herbert and defendant Keyes took advantage of the opportunity then presented to them when Herbert [was?] videotaped next to Lady Gaga to assuage plaintiff's concern and create the appearance that the performance contract were [sic], in fact, a contract with Lady Gaga."

(Courthouse News would like to clarify that though the 21-page complaint calls Herbert a "nonparty conspirator," it does not present any evidence that Herbert knew of or was involved with the defendants' alleged scam. Nor does the complaint allege that Germanotta/Lady Gaga had any involvement with it.)

The complaint continues: "In early March 2012, plaintiff met with Troy Carter, who is Lady Gaga's actual agent. Carter stated that Lady Gaga would not do the performance required by the performance contract."

Banana Split says it immediately called Keyes and demanded the return of its $1,075,000 deposit. "Defendant Keyes explained that $650,000 had been transferred to defendants Carroll and Nevada Style, claiming that Keyes had been working with Nevada Style to secure the performance," the complaint states.

The defendants then "engaged in several furtive acts designed to stall plaintiff's demands for the immediate return of its money," but "used the time in which they stalled plaintiff from filing this complaint to move their assets out of the reach of this court," the complaint states.

It adds: "Defendants have used this scam before." In June 2010, it claims, Carroll and Vegas Style bilked Unique Sports by claiming they could book Rihanna for three concerts in Brazil, though "neither Carroll nor Vegas Style had any authority to act on behalf of Rihanna or to enter into any performance contract on her behalf. Also unbeknownst to Unique Sports, defendants had completely fabricated the performance contract, riders, and broker fee out of whole cloth."

Banana Split claims that Unique Sports wired $165,000 to Vegas Style in July 2010, as a supposed 10 percent deposit, and wired it another $660,000 on Aug. 15, 2010. "Four days later, on or about August 19, 2010, Vegas Style transferred $528,750 of that money to a separate account opened by Rebel One for the purpose of diverting the money to defendants and their co-conspirators," the complaint states.

It continues: "Defendants' scam began to unravel on August 23, 2010, when Unique Sports received a letter to cease and desist promoting the concert from Rihanna's actual booking agent, who claimed Rihanna was not scheduled to perform the Brazil concerts."

The complaint says in a footnote: "The company actually authorized to book concerts on behalf of Rihanna is named Rebel One LLC, which is deceptively similar to name to Ray Annis's company Rebel One Management, Inc."

Banana Split seeks the return of its $1,075,000 deposit, and damages for conspiracy and fraud. It is represented by Kathleen Matsoukas, with Barnes & Thornburg, of Chicago.

On the Red Entertainment Agency website this morning, redentertainment.com, the company described itself in these words: Since its founding in 2002, Red Entertainment Agency has established itself as a leading entertainment talent agency, guiding the careers of an elite roster of musical artists. Under the leadership of agency President Carlos Keyes, Red Entertainment has carved out a distinctive niche in the entertainment landscape and earned a reputation for putting artists' interests above all else. With a select group of professional agents working side by side, the Red Entertainment credo is one of team work and availability that translates into successful relationships for all clients."

On the website's "Artist Roster," the company claims to represent Bob Geldof, CeCeWinans, Chaka Khan, Diane Schuur, Dionne Warwick, Freddie Jackson, Keith Sweat, Naughty By Nature, Peabo Bryson, Steven Seagal, and others.

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