On the day that AFM 2012 opens, a film that was sold at AFM 2009 got pulled into court. In a civil complaint filed today (read it here), MIME Investments claims that they lost $4 million on Little Murder because GK Films lied to them about how much the film would make in international sales. “Defendants intentionally provided Plaintiffs with overinflated false estimates for the foreign sales of the Picture and provided Plaintiffs with false assurances that the estimates would be achieved”, says the Fraud and Negligent Misrepresentation suit. A Little Murder sizzle reel was shown to buyers at the 2009 AFM. The thriller released in 2011 stars Josh Lucas and Terrence Howard. GK Film’s former President of International Distribution Lisa Wilson, Parlay Films, cited as a banner of GK Films, and other company employees are also targeted as defendants in the case.
MIME says GK Films told them that Little Murder could make between $5,085,000 and $6,770,000 in foreign sales. They say they believed those numbers because “international sales of motion pictures is a niche area of expertise” and GK Films were “experts in international distribution.” The actual foreign sales, says MIME in their complaint, ended up being 80% less than the low-end estimates and the company lost their investment. The plaintiffs claim that GK Films gave them the estimates to secure their multi-million dollar investment in order to make up the difference between the movie’s budget and “loans that could be obtained to make the Picture.” MIME want their $4 million back plus interest, punitive and actual damages, legal fees, and “disgorgement in the amount of Defendants’ unjust enrichment as a result of their fraud.” The plaintiffs have asked for a five-day jury trial. Marc Williams of Newport Beach firm ONE LLP represents MIME Investments and Mind In Motion Entertainment.
Deadline's Dominic Patten - tip him here.


LOL! Good luck with that.
I’ll be down there this 2012 year for meets-greets. But hearing this story? Again and again? My God…are there any real producers / prodcos where no one lies to you or has the money-lawyers set up to legally rob you blind? And don’t tell me, “that’s the business kid.” It’s not. It’s too many specific individuals making specific choices to simply steal. This is a huge reason why there’s so much growing piracy — steal from the big dogs before they and their lawyers do it to you. If it’s all about the almighty dollar? Success at any cost? Do it to them first.
There is something called delivery risk. If we all had a crystal ball and made films that we knew would perform everyone would be in the film business. There is no silver bullet. A concept of a film can be estimated but if the film is not delivered and is crap than no one can sell it. The reason why they call the last position in a film Equity is because it has a lot of risk. That is why it pays high returns and the investor gets the lions share of the film. Film making is subjective process and at the end of the day be sure you deliver a high level product and you wont loose your money.
Even a ‘high level product’ can sink ships. Caveat emptor…any investor who didn’t just win the lottery yesterday will know that you cannot expect a return on a film investment. You can hope, but you can’t expect, and the legal docs outline this explicitly.
Seriously?! At what point do we take responsibility for our own stupidity? In what universe could anyone believe that between $6 and $8 million in pre-sales could be raised on a film starring Josh Lucas and Terrence Howard? How about using some common sense? How about doing your own research, where via a simple Google search they would have discovered that between the two of them the box office for all films in which Josh and Terrence have had lead starring roles in the last five years have not totaled $6 million combined. Due diligence is the responsibility of the buyer. A used car salesman will tell you a car runs great, but you don’t just take their word for it. It is up to you to check it out completely before handing over your cash. Caveat emptor my friend. Caveat emptor.
(Clears throat.)
Um, yeah, right. Good luck indeed. Having been in the biz a while, Ive learned the difference between judging people for their choices, and judging them for their actions.
These kind of comments clear away all consternation and guilt. Worry.
What comes around goes around. The Producers never paid their actors or extra’s from Detroit. They burned us. LOL!!!
I will be contacting GK Films and providing them with over 100 people that were never paid along with vendors who were ripped off by the producers of Little Murder. The burned casting companies too. Oh yeah, I will be totally assisting on GK’s defense…everything is documented.
i mean, we need to see the actual financial projection to see who is lying or who is stupid. I’m CEO of a small independent production and distribution company, and I would never higher up international sales projections to get my projects financed. Reality is that we (Producers) CANNOT guarantee the economic performance of any films…Films investors knows that…There is no smoke without fire…and my guess is that GK Films somehow GUARANTEE the return of investment to MIME and here we are! at court! Good school case though…
Five day trial by jury? The trial should only take an hour and a half. Show them Little Murder, and the jury will quickly understand why no one in their right mind would would want to buy it.
Genius, Road Runner, pure genius !
Red tails, idlewild, crash, pride, hustle and flow – Terrence Howard
Poseidon, glory road, stealth, sweet home Alabama and a tv show – Josh Lucas
Made over ten million
I think it was a reasonable gamble, name actors who are relevant in an age where thrillers still make good money – a $5 million is not unreasonable inn fact I might say they may have undersold the returns numbers.
You win some you lose some, no investment is a solid 100% can’t fail investment. I think the investors are new to the business and did not know what to expect
Here is an example I pulled from online of the type of disclaimer that MUST accompany any investment memorandum:
Prospective investors should make their own investigations andevaluations of XXXXXXXXXXXXXX, L.L.C. (The Company) and the Membership Unitsoffered, including the merits and risks involved. Investors should not view thecontents of this Proposal as legal, tax, investment or other advice. Eachprospective investor should consult his own attorneys, business and tax advisorsas to legal, business, tax and related matters concerning this offering. Actual investors are deemed to have sufficient knowledge, experience and/orindependent assistance, to have made and continue to make their own (legal,financial, tax, accounting and other) investment evaluations as to the merits, risksand suitability of investment(s) in the Company, and that they are not relying onthe views of the Company in that regard. In considering the purchase ofMembership Units offered and reviewing information contained herein, investorsshould bear in mind that past performance is not necessarily indicative of futureresults, and there can be no assurance that the Company will achievecomparable results or its investment objective(s), or that investors will receive areturn of their capital. In addition, any forward-looking statements containedherein are subject to known and unknown risks, uncertainties and other factorsthat may cause actual results to be materially different from those contemplatedby such statements. The Membership Units offered are highly speculative, andinvestment in the Company involves significant risks. Investors should be awarethat they would be required to bear the financial risks of this investment for anindefinite period of time. Investors should have the financial ability andwillingness to accept the risk characteristics of the Company’s investments. ThisOffering Proposal is deemed to contain basic relevant information, to initiallyassist a qualified recipient in deciding whether to participate in a privateplacement of Membership Units. Although great effort has been put into thecareful creation of this Proposal, the reader should be aware that an independentthird party as to the accurateness of its contents has not reviewed this document.The Membership Units have not been recommended by, and the offeringmaterials, including this Proposal, have not been filed with any securitiescommission or regulatory authority of any state or country. The Company is not(and is not expected to be) registered as an investment company under thesecurities act of any jurisdiction, and certain of the Membership Units are subject to restrictions on transferability and resale, and may not be transferred or resold.
____________________________
Seems pretty straight-forward to me. Any film investment is a risk. ANY. FILM. INVESTMENT.