Russell Simmons Hits HBO With $20M Defamation Suit Over 2020 Documentary Alleging Rape
With Oprah Winfrey very publicly exiting as a producer, Kirby Dick and Amy Ziering's documentary On the Record, about the women who accused hip hop impresario Russell Simmons of rape and more, was controversial even before its debut at the 2020 Sundance Film Festival.
Now, years later, Simmons is claiming again he had proof the allegations cited in OTR were false or at least questionable in their truth. Living in Bali of late, the much-accused Def Jam co-founder is going after HBO, parent company Warner Bros Discovery and the filmmakers for $20 million in a defamation action filed today in NYC – and he's naming names, past and present.
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'The Defendants willfully, intentionally, negligently, and/or recklessly, disregarded and/or suppressed evidence and information, including interviews, and over twenty witnesses, that were supportive and favorable to Plaintiff, and/or refuted and rebutted the accusations falsely made against Plaintiff in the film,' exclaims the complaint placed in the Supreme Court of the state of New York docket late Tuesday by attorneys Imran Ansari and Carla DiMare.
The duo not only want a hunk of cash for their much-accused client, but they also want the Drew Dixon (a former Def Jam exec), Sheri Sher, Sil Lai Abrams, Jenny Lumet, and Kelly Cutrone featuring On the Record, which HBO Max picked up in February 2020, essentially scrubbed from 'all platforms, networks and media outlets in the Defendants' control' so to never be seen again.
Naming those names, Simmons' complaint adds: 'The evidence and information were made available to Defendants, including then CEO of WarnerMedia John Stankey, Chairman and CEO of HBO and Max Content, Casey Bloys, and the company's board members, by the Plaintiff, and/or others on his behalf, however, the Defendants disregarded and/or suppressed said materials.'
'Defendants further disregarded nine consecutive credible and favorable CIA-grade polygraph results, and/or information favorable to Plaintiff that was provided to them or would have been discovered with due diligence, and adherence to accepted journalistic standards, and that Defendants willfully, and/or recklessly, disregarded and suppressed said information and evidence, and published, and continue to republish defamatory content,' it goes on to state.
HBO and WBD's scarce communications boss (and ex-Obama press secretary) Robert Gibbs had no response when reached out to by Deadline over Simmons' new swipe at the docu. While repetitive of what was in their actual filing, the same cannot be said of Simmons lawyers.
'Despite voluminous support for Mr. Simmons in the form of credible information, persuasive evidence, witness statements, and calls for further investigation by notable members of the media, politics, and the civil rights movement, the defendants simply disregarded it, and released, and continue to re-release globally, a film that tremendously disparaged and damaged Mr. Simmons with salacious and defamatory accusations that he vehemently denies,' Ansari and DiMare told Deadline this AM of the Oscar-nominated and Emmy-winning Dick and Ziering.
In the overlapping nature of #MeToo lawsuits, it is worth noting that Ansari is a partner and chief of the civil litigation practice of Aidala, Bertuna & Kamins – a firm founded by longtime Harvey Weinstein lawyer Arthur Aidala, who literally is in court for his ex-producer client's NYC rape retrial as it goes to the jury today. That trial is taking place not far from where Sean 'Diddy' Combs, a clear protégé of Simmons on may levels, is on trial in federal court on charges of sex-trafficking and more.
Corporately, On the Record was supposed to screen on AppleTV+ under the streamer's deal with Winfrey, but when the talk show queen pulled out of the film over concerns about 'some inconsistencies in the stories,' that avenue became a dead-end. After a strong reception at the Robert Redford founded Sundance, just as Covid-19 was hitting the world, the film was bought by HBO and aired on what was then called HBO Max on May 27, 2020.
While Simmons has denied the allegations against him from a variety of women, it seems he has not been so prompt to pay up sums he agreed to. A trio of women who reached settlements with Simmons said in filings earlier this year that he still owes them around $8 million. To be specific, after reaching deals in 2023 and paying up initially, Simmons still owes Alexia Jones $190,000 with 20% annual interest, journalist Toni Sallie $2,940,000 with 20% annual interest, and $4,950,000 to singer Tina Klein-Baker.
Living in Bali, Indonesia since 2018, around the time the allegations against him began to peak, and having founded an upmarket retreat. Simmons is out of the reach of U.S. justice. There is no extradition treaty between the world's fourth most populous nation and America.
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