Five Finger Death Punch sued by label, issue response

It has been another busy week for Five Finger Death Punch, but unfortunately, not necessarily for the right reasons.

This week, it emerged the US band is being sued by their label Prospect Park. Reportedly, an action has been brought against the Las Vegas metal band for refusing to accept "their contractual obligations to permit Prospect Park to determine the recording elements of a new record and a greatest hits record." In this lawsuit against the group, filed last week (on April 21st) in the Californian Superior Court, Prospect Park stated the following:

"Regrettably, with the encouragement and assistance of their entertainment lawyer and business manager, the members of FFDP have unequivocally repudiated their contractual obligations to permit Prospect Park to determine the recording elements of a new record and a greatest hits record. In doing so, the members of FFDP are shamelessly attempting to cash in before the anticipated downfall of their addicted bandmate. By this action, Prospect Park seeks to hold FFDP true to its obligations under its written recording contract, thereby allowing Prospect Park to obtain the benefit of the bargain it struck in that agreement, and at the same time, to prevent the band from disregarding the health and safety of a bandmate and destroying itself."

So, based on the above statement, the label basically wants compensation damages for this breach of contract, which, on face value, appears understandable considering the large following FFDP has, as well as the rather successful sales of their other records (and, let's not forget the whole contract thing, too). And if the past is anything to go by, then this fourth outing may've done quite well for the band, and in turn, the label. This all comes after another eventual spell for FFDP, which saw the group cancel their Australian tour (including supporting Black Sabbath).

Furthermore, Prospect Park also claimed that, "FFDP has unequivocally stated that it will not comply with its obligations under the Recording Agreement. FFDP has stated that it intends on recording the Fourth Album and two new Greatest Hits Masters using a producer of its choosing, without consultation or involvement of Prospect Park, and without acknowledgment of the rights of Prospect Park under the Recording Agreement. To date, FFDP has failed to submit any proposed Recording Elements for [Prospect Park's] approval. FFDP has submitted Recording Budgets, but those budgets were disapproved by FFDP. Despite the foregoing, [the members of FIVE FINGER DEATH PUNCH] insist that they intend on recording the Fourth Album in June 2016, all in direct repudiation of the Recording Agreement. Similarly, [the members of FIVE FINGER DEATH PUNCH] insist that they intend on recording the Greatest Hits Masters in direct repudiation of the Recording Agreement."

Oh no, it doesn't end there, folks. In fact, things got more involved in the next part of the lawsuit, which was quoted on Blabbermouth:

"In rushing to record a new Fourth Album, FFDP is damaging itself and Prospect Park by cutting off the marketing and promotion and success of the Third Album, which is currently in its album cycle. Additionally, Prospect Park alleges on information and belief that FFDP is threatening to record the Fourth Album and Greatest Hits Masters, in violation of the clear provisions of the Recording Agreement, because it is concerned about the health and well-being of Moody and in particular his ability to continue to fulfill his obligations as a member of FFDP and under the Recording Agreement. Based on FFDP's own assessment, Moody is unable to perform at the level required under Section 3.01 of the Recording Agreement for delivery of the Fourth Album's master recordings or Greatest Hits Masters.

"In recent months, members of FFDP and their representatives have repeatedly told Prospect Park of their extreme concern for the health and well-being of Moody, whose escalating substance abuse is placing both the future of FFDP, and indeed his life, at risk. FFDP's own words demonstrate this fact: (a) a November 28,2015 text that the 'the writing is on the wall,' and that, 'it's a matter of time before [Ivan] hits the wall — and once he does — it will be too late to sell'; (b) a December 3, 2015 email stating: 'if Ivan does something stupid — dies...., goes away to jail — then the catalog is a bust — then we won't be able to sell and we'll be trying to salvage what we can — IF we can ... so to me it's imperative to make a move and sell]'; (c) a January 8, 2015, text referring to Ivan as a 'ticking time bomb' that was getting in the way of an "8 digit payday" for FFDP; (d) a January 19, 2016 text stating: 'there is no sign of him slowing down both his health and his behavior is deteriorating — heaps of legal troubles and he is burning the candle at both ends.'; and (e) a January 19, 2016 text stating: 'I don't want to cry doomsday ... but I don't want to be saying I told you so either (as far as Ivan is concerned) — there is a moment we need to cash out the chips — betting one more hand is almost irresponsible at this point." More recently, [the members of FIVE FINGER DEATH PUNCH] have notified [Prospect Park] that Moody is in an in-patient rehabilitation facility for an unknown duration of time. On information and belief, Prospect Park alleges that the other members of FFDP seek to capitalize monetarily as soon as possible, at the expense of Moody's health and welfare, and the clear mandates contained in the Recording Agreement."

Wow, that's a lot to take in at once.

Subsequently, and in the interests of addressing both sides of the argument, Five Finger Death Punch have issued their own statement, which you can now read below:

"Desperate people do desperate things.

We are saddened, but not surprised by the recent lawsuit filed by Prospect Park, LLC against the members of Five Finger Death Punch. It is the latest in a long line of exploitative and abusive bullying tactics used by our former manager and current label CEO Jeff Kwatinetz to extract money from and wield power against the band.

Jeff Kwatinetz is well-known as a former music industry powerhouse whose erratic behavior and affiliated corporate bankruptcies have caused most of his companies’ clients, including Backstreet Boys, Korn, Smashing Pumpkins, Janes Addiction and Azalea Banks to flee in droves. In fact, we also fired Prospect Park management four years ago in an effort to escape an arrangement that more resembled indentured servitude. Five Finger Death Punch’s recordings are now one of Prospect Park’s last remaining and most valuable assets still under contract.

Five Finger Death Punch is prepared to record and deliver the final album this year under its recording agreement, but instead of allowing us to record, Prospect Park has chosen to sue us, hold us for ransom and squeeze extra money out of its contract rights by attempting to sell an interest in future recordings. What’s worse is that Prospect Park very deliberately filed their meritless lawsuit the same week we are trying put our Fall co-headlining arena tour on sale.

In its lawsuit, Prospect Park states that Five Finger Death Punch has plateaued and that its sound is stale, yet on multiple occasions and in writing Mr. Kwatinetz referred to the most recent album, Got Your Six, as the band's "best album yet". Five Finger Death Punch is the best selling Active Rock band of the last 24 months and one of the top selling Active Rock bands of this decade. Every single first week album sales figure has been higher than the last. In fact, there is not one shred of evidence to suggest that Five Finger Death Punch’s career remains on any trajectory other than an upward one. Any statement or suggestion that Five Finger Death Punch is suffering from some kind of slump is untrue.

Prospect Park does not want us to record our next album with Kevin Churko, who at this point is part of our family and who has produced the last five of our six albums. As for the creative process, Mr. Kwatinetz has never been to the studio during the making of any of our albums, he has never met Mr. Churko and Prospect Park repeatedly failed to pay Mr. Churko on time.

As for our singer, Ivan Moody, his issues are no secret and were recently and successfully addressed with the love and support of his family and bandmates in a rehabilitation facility. Never once did Prospect Park Management or Recordings support any efforts to get him sober, preferring the band continue making albums and touring.

We are confident that the evidence will expose the allegations in Prospect Park’s complaint as completely meritless and that the band will recover substantial damages and be released from any further obligations to Prospect Park based on the cross-complaint that we intend to file. – Five Finger Death Punch"

Well, it's been no secret about the issues surrounding Moody over the past year or so, with his alleged substance abuse, family disputes and on-stage meltdowns, and while this seems to be your typical band vs. label legal quarrel, we think the bigger concern here is the health and safety of the singer, as you know, he's a human being too! Regardless of what your personal opinions on this band may be, hopefully both parties will look out for Moody and a settlement of some kind can be reached. Otherwise, things may get quite messy.