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Cat Or Not, The Show Will Go On

Lawsuits are not pleasant, particularly for those on the receiving end. TV and newspaper reporting just makes lawsuits even more painful as investigative reporters find all kinds of new information in court filings. But in the post-modern age as all publicity is good publicity, lawsuits can also be great news. One would think lawyers would know this.

kitty kittyA nondescript law firm operating quite discreetly from a Central American country was swept into infamy three years ago with a trove of documents leaked to a crew of investigative reporters. The rest, as they say, is history. The law firm, Mossack Fonseca, became inextricably welded to what quickly became known as The Panama Papers. More investigative reporters jumped in, prosecutors followed, some reluctantly.

The revelations went on and on. Every news outlet in the world wanted a piece of the story. And who wouldn’t? The rich and famous were caught red-handed moving dodgy money all around and avoiding taxes on an industrial scale. Mossack Fonseca claimed it was just helping people keep their finances private and much of services provided were, indeed, legal. The law firm closed in March 2018.

The inside story of the investigations is, still, compelling. The investigative reporters, first Bastian Obermayer and Frederik Obermaier from Bavarian daily Süddeutsche Zeitung and later the International Consortium of Investigative Journalists (ICIJ), comprising nearly 120 news outlets, were obsessed with protecting the source, still unknown, and the data. For their coverage on The Panama Papers Herren Obermayer and Obermaier, the ICIJ and McClatchy News were awarded the 2017 Pulitzer Prize for Explanatory Reporting. Books have been written.

And there have been films. A feature length documentary about the investigation - The Panama Papers - was released last year, staring the significant reporters. It was written and directed by Alex Winter of Bill & Ted’s Excellent Adventure fame. It’s available on Amazon Prime. Several television broadcasters rushed out documentaries, including German public TV network ARD.

As the Panama Papers became a subject in mid-2016, award-winning producer/director Steven Soderbergh (Sex, Lies & Videotape) started talking up a film project. About two years later it had a screenplay, written by thriller specialist Scott Burns, and a title - The Laundromat. Big stars were cast for the fictionalized dramatisation: Meryl Streep, Sharon Stone, Gary Oldman, Antonio Banderas and more. Filming started, filming ended; there was a premiere at the Vienna Film Festival earlier this year. Streaming service Netflix signed on as distributor; first showing set for this week (October 18).

For most, only the trailer has been seen. That was enough for Jürgen Mossack and Ramón Fonseca, once partners in the euphonious Mossack Fonseca law firm. At the first of this week (October 15) they filed a civil lawsuit at the US District Court in Connecticut against Mr. Soderbergh and Netflix for libel and trademark infringement. They want further screenings - in this case, streamings - halted.

“Once the cat is out of the bag, it is impossible to put it back without the consequence of tainting a verdict,” said their court filing, quoted by the Guardian (October 15). “This is especially true where the cat is named ‘Laundromat’ and the charges would include money laundering.” Mr. Mossack and Mr. Fonseca are facing charges in Panama, where the real story is something of an embarrassment.

And they might have deeper concerns. The ICIJ reported (October 16) the duo are under investigation by the US Department of Justice, which prompted their lawsuit against Mr. Soderbergh and Netflix. “Each new crime imputed to them in the movie” could bring additional charges in the US.

Netflix promptly filed a motion to dismiss, citing improper venue - Connecticut - suggesting California, where the movie industry lives. The next day, Netflix announced its worldwide subscriber base had grown to 158 million. Stock traders were pleased. Netflix has no plans to cancel offering The Laundromat.


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