Pacquiao sued for fraud; could also face perjury rap

Yes, Manny Pacquiao will definitely fight again—not in the ring but in court. At least four lawsuits have been filed against Pacquiao in Nevada, Florida, California, and Illinois, alleging that he committed fraud in not disclosing that he had suffered a right shoulder injury and therefore was not healthy when he entered the ring in the “Fight of the Century” against Floyd Mayweather, Jr. on May 2, 2015 in Las Vegas.

 

An attorney for Pacquiao reportedly expressed confidence that the case in Nevada would be dismissed.

There will be more lawsuits and if Pacquiao does not vigorously defend them with excellent lawyers, he will lose the lawsuits, his opponents will place a lien on his earnings, and his luster will be tarnished.

(When President Marcos was sued by alleged victims of human rights abuses in a class action, I visited him in Honolulu. I asked him if he knew these people personally. He exclaimed “No.”  “Then how could you have abused their human rights if you don’t know them?” I asked. I told him that I had written an article on “class actions” and pointed out that class action was not proper because there was no “commonality” and “typicality” in the claims since some “victims” claimed they were beaten, others claimed they were raped, still others claimed they were buried in sand up to their neck. I suggested that he fight the case vigorously and offered to help him. Speaking softly, he said: “baybayam mon” (leave it be). The result—the alleged victims won, they placed a lien on his money and tarnished his reputation.)

On May 5, two Nevada residents seeking to represent all persons who purchased tickets, purchased the pay per view event, or wagered money on the “Fight of the Century” between Manny Pacquiao and Floyd Mayweather, Jr., filed a class action suit against Emmanuel Pacquiao, Top Rank Inc., Michael Koncz, Robert Arum, Todd Duboef, Does 1-10, and ABC Corps 1-10.

The complaint, filed in the U.S. District Court in Nevada, Case 2:15-cv-00842-MMD-CWH, seeks damages of more than $5 million, exclusive of costs and interest, relating to the defendants’ failure to disclose the injuries suffered by Pacquiao before the fight. The complaint alleged that defendants, prior to and at the time the plaintiffs and the class purchased tickets, purchased pay per view event, or wagered on the event, had full knowledge and information that Pacquiao had been seriously injured and was suffering from a torn rotator cuff, and that defendants knew that such injury would severely affect his performance in the event. The complaint further alleged that the plaintiffs relied on the defendants to disclose this information, and that as a direct and proximate cause of the defendants’ material omission plaintiffs and the class members suffered ascertainable losses consisting of the purchase price of the tickets, purchase price of pay per view showings, and wagers that were placed.

In the class action case filed in the Northern District of Florida, No. 1:15-cv-00089-RS-GRJ, against Pacquiao and Top Rank, the complaint alleged that the defendants failed to disclose Pacquiao’s shoulder injury before the fight and that the injury significantly affected the quality of the product.

In the class action case filed in U.S. District Court in Illinois, the suit alleges that the defendants fraudulently promoted, produced and sold the fight as one between two healthy fighters.  The defendants are reportedly Pacquiao, Top Rank, HBO, Showtime, Mayweather, Mayweather Promotions, AT&T, Comcast and Direct TV.

In the California law suit, the plaintiff reportedly said that the fight was not the “Fight of the Century” but the “Dud of the Century”.

Meanwhile, according to an NBC news report, Pacquiao could face disciplinary action, including fines from the Nevada State Athletic Commission for failing to disclose a shoulder injury before the fight. Pacquiao checked “No” on a “Pre-Fight Medical Questionnaire” asking: “Have you had any injury to your shoulders, elbows or hands that needed evaluation or examination?" The form stated: “I hereby swear, under penalty of perjury, that the above information is true and correct to the best of my knowledge. The signature above the line “Contestant’s Signature” is not legible but is believed to be Pacquiao’s. The signature above the line “Second’s signature and name” appears to read Mike Koncz.

According to Tom Harvey of the New York Daily News, Nevada law provides that it is a class D felony for a licensee to lie to the Nevada State Athletic Commission, and that both Pacquiao and Koncz were “licensees”. Koncz reportedly claimed that he made a mistake or that it was inadvertent.

As for the possibility of a rematch, Stephen A. Smith, a Mayweather confidant, said on ESPN that the fighter had texted him that he would consider fighting Pacquiao again in a year or whenever his shoulder gets better. Bob Arum, Pacquiao’s promoter, also told ESPN that if Pacquiao’s rotator cuff heals well, they might entertain a rematch.

If there is a rematch, there should be a rule that hugging or clinching should not be allowed, and the fighter who initiates a hug or clinch should be punished with a one point deduction for every hug or clinch. Mayweather hugged Pacquiao at least 20 times during their fight, thus preventing Pacquiao from punching him.