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Alleged Forgeries Removed From Michael Jackson’s Online Catalog After 12 Years of Protests and a Fraud Lawsuit

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Three songs alleged to have been falsely attributed to Michael Jackson were abandoned by the pop star’s estate and record company this week after 12 years of fan protests and a consumer fraud lawsuit.

The alleged forgeries – known as the ‘Cascio tracks’ – come from a collection of 12 songs which producers Eddie Cascio and James Porte claim Jackson secretly recorded in Cascio’s basement in the fall of 2007.

The 12 Cascio tracks were sold to Jackson’s estate a year after the pop star’s death, and three of them – “Breaking News,” “Keep Your Head Up” and “Monster” – were officially released by Sony Music on the Michael album in December 2010.

But Jackson’s fans insist the songs are fakes, with vocals sung by an impostor, and they’ve been demanding the tracks be removed from Jackson’s catalog for the past 12 years.

This week, they got their wish, with the controversial songs being removed from streaming platforms around the world. Jackson’s estate also appear to have discontinued the original 10-track CD version of the Michael album, replacing it with a 7-track edition which can now be ordered from their official website.

But according to a joint statement issued by Jackson’s estate and Sony – who are currently co-defendants in a class action lawsuit which alleges that the Cascio tracks are fakes – their decision to abandon the tracks had nothing to do with their disputed authenticity:

“The Estate of Michael Jackson and Sony Music decided to remove the tracks ‘Breaking News,’ ‘Monster’ and ‘Keep Your Head Up,’ from the 2010 ‘Michael’ album as the simplest and best way to move beyond the conversation associated with these tracks once and for all,” reads the statement, adding that “nothing should be read into this action concerning the authenticity of the tracks – it is just time to move beyond the distraction surrounding them.”

But many fans aren’t accepting Sony and the Estate’s position, because the “conversation associated with these tracks” is founded entirely on their disputed authenticity. According to some fans, removing the songs while defending their authenticity is not way to move “beyond the distraction surrounding them.”

And despite the fact that the “conversation associated with these tracks” has persisted relentlessly for 12 years, Sony and the Estate continued to sell the tracks to unwitting consumers throughout that entire period, while reaping millions of dollars from what many believe are brazen forgeries.

Until now.

The Jackson family tried to warn them

Prior to the release of the Michael album in 2010, several members of the Jackson family tried to reason with the Estate, informing them that the vocals on the Cascio tracks were not Michael’s while urging them not to move forward with their release.

Michael’s siblings Randy, Jermaine and Latoya all claimed that the vocals on the tracks did not belong to their brother.

They were ignored.

Michael’s mother – Estate beneficiary and family matriarch, Katherine Jackson – raised her voice against the tracks.

She was also ignored.

Michael’s oldest brother, Jackie Jackson, also came out against the Cascio tracks, revealing that both he and Estate co-executor John McClain had insisted for many weeks that the alleged forgeries should be removed from the album.

Their concerns were “not taken seriously.”

Michael’s nephews Taryll, TJ and Taj from the group 3T also spoke out, taking to social media to dispute the authenticity of the songs and raise awareness regarding some of what went on behind the scenes. 

Once again, their concerns were ignored.

In a statement issued on the 5th of November 2010, Sony asserted their “complete confidence” in the authenticity of the tracks. It was even reported that two independent forensic musicologists had verified that the vocals were Jackson’s.

Fans reject Breaking News

On the 8th of November 2010, five weeks before the Michael album was officially released, Sony unveiled one of the Cascio tracks – “Breaking News” – in a world premiere on Michael Jackson’s website.

When fans heard the track, they revolted. 

Many rejected the notion that Michael was the vocalist while pointing the finger at another singer named Jason Malachi.

But as they’d done with the Jackson family, Sony and the Estate ignored the opinions of fans.

Instead of reconsidering their plan to release the Cascio tracks, the Estate opted to gaslight fans in a statement, claiming that they’d investigated the authenticity of the vocals and believed “without reservation” that they were indeed Michael’s.

The following month the Estate and Sony took things a step further, stipulating in no uncertain terms that the vocals were “performed by Michael Jackson” on the back cover of the Michael album – released in the U.S. on the 14th of December 2010. 

ABOVE: RESERVE SIDE OF MICHAEL ALBUM COVER

They also arranged for Eddie Cascio to defend the authenticity of his songs on the Oprah Winfrey show. The Jackson family, however, were not invited to tell their side of the story.

The lawsuit

In June 2014, Michael Jackson fan Vera Serova filed a class action consumer fraud lawsuit against Jackson’s estate, Sony, Eddie Cascio, James Porte and their production company.

In her lawsuit, Serova alleges that Cascio and Porte are the masterminds of an “elaborate artistic fraud” in which they forged a collection of fake songs, and that Sony and the Estate misled her and others by attributing those forgeries to Michael Jackson on the Michael album.

As part of her lawsuit, Serova demanded the removal of the Cascio tracks from Jackson’s discography – a demand which now seems to have been met.

But despite the Cascio tracks having now been removed, Serova’s lawsuit remains ongoing.

It has been reported by the media this past week that Sony and the Estate won this case in 2018. 

This is simply not true.

In fact, Serova actually won the initial ruling on Sony and the Estate’s involvement in this case back in 2016. At that time, Sony and the Estate had tried to shirk responsibility, but were ordered to face the music by the Los Angeles Superior Court.

But Sony and the Estate felt they’d done nothing wrong and appealed that ruling – an appeal on which they prevailed in 2018.

In turn, Serova fought back, petitioning the California Supreme Court for review.

And based on the Supreme Court’s view that the appeal court’s ruling was legally “problematic,” Serova won her bid for review.

Oral arguments in that review were heard by the state Supreme Court the 24th of May 2022. 

A ruling has not yet been made, but is expected soon.

Sony and the Estate will need to prevail to be officially removed from litigation once and for all. If they don’t prevail, they’ll remain defendants in this case.

As of today (July 7), neither party has definitively prevailed and there is no judgment.

As mentioned, the original producers of the Cascio tracks – Eddie Cascio and James Porte – have also been sued as part of Serova’s lawsuit. They are sued with fraud, and that aspect of the lawsuit also remains ongoing.

You can hear my opinion on the removal of the Cascio tracks and much more below, in a roundtable discussion hosted by Michael Jackson podcast The MJCast:

I am also working on a podcast series called Faking Michael detailing the ins and outs of the Cascio tracks and the Michael album. Subscribe via podcast apps to be alert when episodes are released in the future.


Damien Shields is the author of the book Michael Jackson: Songs & Stories From The Vault examining the King of Pop’s creative process, and the producer of the podcast The Genesis of Thriller which takes you inside the recording studio as Jackson and his team create the biggest selling album in music history.
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1 Comment

  1. RetroArcadeMan

    July 8, 2022 at 2:07 pm

    Any ETA on the podcast or are you just waiting for this all to reach its conclusion so the podcast can be a comprehensive and complete dicussion on the topic?

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Cascio Tracks

Supreme Court Judge Grills Sony Lawyer Over ‘Contradictory’ Arguments in Alleged Michael Jackson Fraud

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A lawyer defending Sony Music and the Estate of Michael Jackson in a consumer fraud lawsuit has today argued that the billion-dollar corporations should be able to sell forgeries to unwitting consumers – without being held liable for doing so.

During the California Supreme Court hearing, which was streamed live around the world, Sony attorney Zia Modabber was pulled up for presenting contradictory arguments when attempting to justify the record company’s false attribution of three songs to Jackson on the 2010 Michael album.

The hearing centred around a class action lawsuit filed by Californian consumer Vera Serova – a Michael Jackson fan who purchased the Michael album under the premise that it was a collection of unreleased songs performed by the King of Pop.

In her lawsuit, Serova contends that three of the songs on Michael – “Breaking News,” “Monster” and “Keep Your Head Up” – are forgeries, and that Jackson’s estate and Sony misled her and millions of consumers around the world by falsely representing those forgeries as authentic Jackson material.

Today’s Supreme Court hearing focused specifically on Sony and the Estate’s culpability in the matter.

The corporations argue that the First Amendment (free speech) gives them the constitutional right to lie to consumers without remedy, and that they should be removed from the lawsuit because of this.

In fact, Sony and the Estate have been petitioning to be removed from this case for 6 years, alleging that plaintiff Serova strategically filed her lawsuit to prevent the record company from exercising their First Amendment right to participate in the public dialogue regarding the authenticity of the songs.

The dialogue in question is the wording on the reverse side of the album cover, which stipulates that the vocals on the album were “performed by Michael Jackson” (see below).

ABOVE: REVERSE SIDE OF MICHAEL ALBUM COVER

In a 2016 hearing regarding this matter, attorney Zia Modabber argued on behalf of Sony and the Estate that if anyone were to be held liable for the fraud it should be the original producers of the songs – Eddie Cascio and James Porte – because they provided them under the false pretence that they were authentic.

Today, in front of seven Supreme Court Justices, Mr. Modabber made the same argument on behalf of Sony and the Estate.

In what was a rollercoaster hearing, Modabber told the court that Sony and the Estate were “100%” certain that the vocals on the songs in question were authentic based on an investigation conducted by former Estate attorney Howard Weitzman in November 2010.

A few minutes later, in a complete about-face, Modabber claimed that neither Sony nor the Estate were in a position to know who sang the vocals – a backflip which Justice Groban took issue with:

“How can it be both? Why is Sony saying with 100% certainty that Michael is the singer if you weren’t certain? Which is essentially what I hear you saying now.”

Mr. Modabber also made a number of arguments throughout his 30-minute presentation which seemed only to benefit plaintiff Serova’s side.

At one point, Modabber explained the identity of the artist is what gives art its meaning and value. In other words, if Michael Jackson wasn’t singing on the songs in question, they’d be irrelevant and worthless:

“The identity of the artist is part and parcel of the art. It imparts meaning to the art.”

The attorney, on behalf of Sony and the Estate, went on to give an example:

“There’s a song that Michael wrote called Leave Me Alone, and it’s about being persecuted by the press. When Michael Jackson sings that song – because it’s Michael Jackson singing it – it gives a certain meaning to that song. If I sang that song – nobody cares about me – it doesn’t have the same meaning as if Michael Jackson sings that song. And that’s why authors and the source of the art are part of – and intimately connected to – the art itself… It undeniably adds to the meaning of the art.”

Without Michael Jackson’s name on the songs in question, they couldn’t commercially exploit them.

Therefore, according to Sony’s logic, the company had no choice other than to falsely attribute the authorship to Jackson in order to give them meaning and value in the eyes of consumers.

In what can only be described and an own goal, Modabber continued by asserting that the consumers of art want to know who the artist is, and that he cannot think of a scenario in which the identity of the artist doesn’t matter:

“Imagine art, out in the world, with no attribution of authorship. Imagine you just didn’t know who it came from or what the source was. It’s not the same. There is a character and a quality and an impact and a curiosity by those who consume the art about where it came from and what the source was. It adds meaning to it. We want to know who it is. We want to know where it came from. We want to know what inspired it. And part of that is the identity of the artist. And so I can’t think of a situation where the identity of the artist doesn’t matter.”

More to come when the California Supreme Court hands down their ruling on this matter.

For those of you who are interested, a podcast series detailing my investigation of this case, called Faking Michael, is currently in production. Subscribe to Faking Michael on Apple PodcastsSpotify or YouTube to be notified when episodes are released.


Damien Shields is the author of the book Michael Jackson: Songs & Stories From The Vault examining the King of Pop’s creative process, and the producer of the podcast The Genesis of Thriller which takes you inside the recording studio as Jackson and his team create the biggest selling album in music history.
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Court Date Set in Supreme Court Battle Over Legal Right to Sell Alleged Michael Jackson Forgeries

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Sony Music and the Estate of Michael Jackson will again fight for their right to sell alleged forgeries as authentic Jackson songs in an oral argument set to be heard by the Supreme Court of California on Tuesday, May 24, 2022.

The hearing centres around a class action lawsuit filed by Californian consumer Vera Serova, who purchased the Michael album – released by Sony and Jackson’s estate in 2010 – under the premise that it was a collection of unreleased songs recorded by pop star Michael Jackson.

In her lawsuit, Serova alleges that three of the songs on Michael are forgeries – sung by an impostor vocalist – and that she, along with millions of fans around the world, were misled when the pop star’s estate and record company falsely represented the tracks as authentic Jackson material in the album’s product labelling and advertising.

The three songs in question – “Breaking News,” “Monster” and “Keep Your Head Up” – were produced by Jackson associates Eddie Cascio and James Porte and are known as the ‘Cascio tracks’.

Cascio, Porte and their production company are also included in the lawsuit – sued by Serova for fraud. The May 24 hearing will not deal with their culpability.

The lawsuit has been in the California court system for almost eight years, since June 2014. For six of those years, Sony and the Estate have argued that it is their constitutional right to sell forgeries under the First Amendment – the right to free speech – and they should therefore not be liable in this case.

In a 2016 hearing, Sony lawyer Zia Modabber argued that if anyone were to be held liable, it should be Cascio and Porte, because they sold the songs to Sony and the Estate under the premise that they were authentic.

After several rulings and subsequent appeals from both sides in the lower courts, the Supreme Court of California will finally decide whether Sony and the Estate should face the music in this case.

If Sony and the Estate can successfully convince the Supreme Court that they should indeed be able to sell forgeries as authentic Jackson material, they will be removed from the case – once and for all.

And if plaintiff Serova prevails, the corporations may be forced to decide between settling the case – which would involve dissociating Jackson from the songs and removing them from record stores and streaming platforms around the world – or defending their actions at trial.

Serova’s position is supported by several consumer advocacy groups and government branches, including the California Attorney General.

In a press release issued on January 29, 2021, the AG said:

“Products must deliver on their claims. If someone buys an album from a recording artist, they should expect that the songs on the album were made by that artist unless noted otherwise… We must hold companies accountable to stand by their products. Companies have a First Amendment right to communicate, but their claims must be informed and accurate.”

Sony is supported by the First Amendment Coalition.

Counsel for both sides will present their oral arguments remotely via video link, while the public will be able to stream the hearing live via the judicial branch website.

Regardless of the Supreme Court’s ruling regarding Sony and the Estate’s liability, the fraud component of Serova’s lawsuit against Cascio, Porte and their production company will move forward.

At that time, Serova will finally be able to add the alleged singer of the forgeries, Jason Cupeta, as a defendant to her lawsuit. 

Cupeta is Deputy Sheriff at the Montgomery County Sheriff’s Office who goes by the artistic pseudonym Jason Malachi.

Serova first informed the court of her intention to add Cupeta in a March 2018 filing, but has been unable to complete this process due to the case being stayed pending the outcome of the oral arguments set to be heard by the Supreme Court on May 24.

A podcast series detailing my investigation of this case, called Faking Michael, is currently in production. Subscribe to Faking Michael on Apple PodcastsSpotify or YouTube to be notified when episodes are released.


Damien Shields is the author of the book Michael Jackson: Songs & Stories From The Vault examining the King of Pop’s creative process, and the producer of the podcast The Genesis of Thriller which takes you inside the recording studio as Jackson and his team create the biggest selling album in music history.
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First Amendment Coalition to Support Sony and the Jackson Estate in Fake Songs Lawsuit

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There has been yet another twist in the class action lawsuit filed by Californian consumer Vera Serova against Sony Music and the Estate of Michael Jackson regarding three allegedly fake songs commercially released on the 2010 Michael album.

In documents filed with the California Supreme Court yesterday, an organisation called The First Amendment Coalition has requested permission to file an amicus brief in support of Sony and the Estate’s purported constitutional right to sell fake songs as authentic Michael Jackson material.

FAC’s request comes after four separate amici were filed in support of plaintiff Serova by several consumer protection groups along with the California Attorney General’s Office.

All previously filed briefs support Serova’s assertion that this is a straightforward case of false advertising, and that billion-dollar corporations should not be able to commercially label fake art as authentic.

They also assert that by filing an anti-SLAPP motion against Serova, Sony and the Estate misappropriated a statute which is supposed to protect the general public against the limitless resources of wealthy corporations, and to prevent those corporations from intimidating the public into abandoning legal action against them.

Nine consumer protection organisations stated in a joint filing that Sony and the Estate have misused the anti-SLAPP statute to achieve the exact opposite of its intended purpose.

But according to documents filed yesterday, The First Amendment Coalition believes that if the Supreme Court rules in plaintiff Serova’s favour, and if a precedent is set that Sony and the Estate cannot sell fake songs as authentic Jackson material, it could have “significant implications for many different First Amendment contexts beyond the particular circumstances of this case.”

In this case, Sony asserts that they should not be held accountable for the statements made on the Michael album cover and in their television commercial, because those statements were “noncommercial” in nature. Rather, they argue, those statements are merely their contribution to the ongoing public debate about whether the vocals on three of the songs were authentic or fake, and that this makes it free speech under the First Amendment.

FAC has indicated that they will stand with Sony on this matter.

According to the mission statement published on their website, FAC is a nonprofit public interest organisation dedicated to “advancing free speech” and “public participation in civic affairs.”

By definition, public participation in civic affairs is a process in which members of society take collective action to address issues of public concern.

This begs the question: Is the definition of FAC’s mission more appropriately applied to a multi-billion dollar corporation’s purported right to claim that a commercial product is legit, when in fact it is fake? Or to a member of the public who seeks to take collective action to address the issue of that multi-billion dollar corporation falsely advertising that same product to millions of unwitting consumers?

Despite Sony and the Estate’s best efforts to stop her, the plaintiff in this case (Miss Serova) is a member of society who is attempting to take collective action (by filing a class action lawsuit) to address an issue of public concern (that a corporation may be defrauding consumers).

Moreover, FAC’s mission statement also claims to advocate for a “more open and accountable government” and “the people’s right to know”.

It should be noted that the Californian government is in fact advocating for openness and accountability and for the public’s right to know in this case – on behalf of the plaintiff, against the billion-dollar corporation that has conceded in its legal arguments to have ripped her off.

For the purposes of this proceeding, defendants Sony and the Estate have stipulated that the songs in question are indeed fake. And while their exact arguments aren’t due to be filed with the court until March 10, 2021, in the context of the defendants’ concessions, FAC could, in theory, be perceived to be advocating in favour of fraudulent representation of forged art, rather than for openness and accountability and the people’s right to know.

In a press release issued on January 29, 2021, the California Attorney General said:

“Products must deliver on their claims. If someone buys an album from a recording artist, they should expect that the songs on the album were made by that artist unless noted otherwise… We must hold companies accountable to stand by their products. Companies have a First Amendment right to communicate, but their claims must be informed and accurate.”

More to come when FAC files their amicus brief.

A podcast series called Faking Michael is in the works, detailing a decade-long investigation of this case. You can subscribe to Faking Michael on Apple PodcastsSpotify and YouTube.


Damien Shields is the author of the book Michael Jackson: Songs & Stories From The Vault examining the King of Pop’s creative process, and the producer of the podcast The Genesis of Thriller which takes you inside the recording studio as Jackson and his team create the biggest selling album in music history.
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