FIVE FINGER DEATH PUNCH Responds To Record-Company Lawsuit Admits Lead Singer In Rehab, ANNOUNCES Tour

In response to a recent lawsuit filed against the members of FIVE FINGER DEATH PUNCH by their label, Prospect Park LLC, the band has released the following statement:

“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, JANE’S 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.”

In its lawsuit against FIVE FINGER DEATH PUNCH, Prospect Park accused the band of failing to honor certain conditions under its current contract and for “shamelessly attempting to cash in before the anticipated downfall of their addicted bandmate.” In addition, Prospect Park wanted more time to promote “Got Your Six”, and asked the band to provide just two new songs for a greatest-hits collection in the interim.

But the group allegedly rejected that plan, insisting instead on recording a new full-length album — in anticipation of Moody soon being unable to record or perform due to an increasing substance abuse problem.

According to the lawsuit, FIVE FINGER DEATH PUNCH‘s four-album contract prohibits the band from beginning to record a new effort until at least nine months have passed since the release of the previous one.

FIVE FINGER‘s third album under the agreement, “Got Your Six”, was released on September 4, 2015, which means that the band is “prohibited from recording any portion of the required Fourth Album until at least June 4, 2016.”

The suit, which was filed on April 21 in California Superior Court, alleges that FIVE FINGER DEATH PUNCH is “rushing” to record one more full-length album using Moody on vocals and wants to “cash in before the anticipated downfall of their addicted bandmate.” But the label says it wants to “prevent the band from disregarding the health and safety of a bandmate and destroying itself.”

The documents allege that Moody‘s “escalating substance abuse is placing both the future of FFDP, and indeed his life, at risk” and that the band is trying to “salvage” the sale value of its catalog before Moody ends up dead or in jail.

The band also notified Prospect Park at one point that Moody was “in an in-patient rehabilitation facility for an unknown duration of time.”

In addition to its concern over Moody‘s well-being, the label alleges in the suit that “radio has told Prospect Park that the ‘sound’ of FFDP is getting stale, requiring greater creative input” in the recording of its next album.

Amidst all this, FIVE FINGER DEATH PUNCH has announced a new co-headlining arena tour with SHINEDOWN that will kick off on October 18 in Little Rock, Arkansas and run into December. SIXX A.M. and AS LIONS will be along as support. Tickets go on sale Thursday (April 28).

In an interview done before the news of the lawsuit came out, guitarist Zoltan Bathory told The Pulse Of Radio that putting together this tour was a no-brainer. “You put together bands that really have a big following, they’re strong on radio, you know, so there’s a radio support and we can actually sell out arenas,” he said. “And thank God we are in a position that we can put these tours together and it’s a big success for everyone.”

FIVE FINGER DEATH PUNCH has been sued by its record label, Prospect Park, for failing to deliver a new record album and a greatest-hits collection. In addition, the members of the group are being accused of “shamelessly attempting to cash in before the anticipated downfall of their addicted bandmate.”

According to the lawsuit, a copy of which was obtained by BLABBERMOUTH.NET, FIVE FINGER DEATH PUNCH signed a four-album contract with Prospect Park in December 2012. The agreement between the band and the label states that the group “would not commence recording any” new album “any earlier than the date which is nine months after the release of the immediately preceding” album under the contract unless the company agreed otherwise in writing.

FIVE FINGER DEATH PUNCH‘s third album under the agreement, “Got Your Six”, was released on September 4, 2015. According to the lawsuit, “FFDP is unambiguously prohibited from recording any portion of the required Fourth Album until at least June 4, 2016.”

When Prospect Park asked FIVE FINGER DEATH PUNCH to deliver two new masters for a greatest-hits record, the band refused and insisted on recording it for a different record label out of concern for FFDP vocalist Ivan Moody, according to the complaint.

Prospect Park says in the lawsuit, which was filed on April 21 in California Superior Court: “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.”

Prospect Park claims 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.”

The lawsuit continues: “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.”

Prospect Park adds in the lawsuit: “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.

“In light of the foregoing, control over the Recording Elements is particularly important for at least the following reasons: (a) the precipitous decline in sales that occurred when Prospect Park acceded to the demands of FFDP in the recording process; (b) the fact that radio has told Prospect Park that the ‘sound’ of FFDP is getting stale, requiring greater creative input; (c) Prospect Park‘s determination that the Fourth Album is critical to the success of FFDP and the value of the catalog; (d) Prospect Park‘s disappointment that FFDP has failed to reach the Platinum and Multi-Platinum success of numerous of its previous artists; and (e) the real concerns about the health and well-being of Moody, many of which have been expressed in writing by his bandmates and representatives.”

Prospect is seeking declaratory judgment that FIVE FINGER DEATH PUNCH breached its contract with the label, that it has no right to terminate its prospect, an injunction, and compensatory damages for anticipatory breach of contract and breach of faith and fair dealing.

FIVE FINGER DEATH PUNCH‘s latest album, “Got Your Six”, entered the Billboard 200 album chart at No. 2, selling 119,000 copies in its first week of release. This was the band’s third straight No. 2 debut, following both volumes of “The Wrong Side Of Heaven And The Righteous Side Of Hell” in 2013. “Got Your Six”, however, did rack up the band’s best single sales week ever, surpassing the 112,000 copies sold of “The Wrong Side Of Heaven And The Righteous Side Of Hell, Volume 1”, in its first week.

Each of FIVE FINGER‘s previous albums has been certified gold in the U.S. for sales of 500,000 copies or more.

FIVE FINGER DEATH PUNCH and SHINEDOWN are partnering to co-headline a fall arena rock tour produced by Frank Productions/NS2/ CMoore Live — an epic trek that kicks off on October 18 in Little Rock, Arkansas and crisscrosses North America through December.

The tour is also highlighted by special guest SIXX:A.M. featuring vocalist/producer James Michael, MÖTLEY CRÜE bassist Nikki Sixx and guitarist DJ Ashba. U.K. newcomers AS LIONS, featuring Austin Dickinson (son of IRON MAIDEN‘s Bruce Dickinson), will round out the supporting lineup, following the tour’s previous openers-turned-success stories NOTHING MORE and FROM ASHES TO NEW.

Tickets are available for purchase via VIP and fan club pre-sales tomorrow at 10 a.m. ET at Ticketmaster.com. Local and venue pre-sales begin Thursday, April 28 at 10 a.m. local time on Ticketmaster.com. The general public on-sale starts this Friday, April 29 at 10 a.m. local time.

Says FIVE FINGER DEATH PUNCH guitarist Zoltan Bathory about the tour: “I wanted to give you a brilliant quote about trying to keep rock music alive by assembling bills that can sell out arenas where everyone can have the production rock shows deserve, or bringing out new talented bands and expose them to huge crowds… or about rebuilding a community with the help of rock radio, and donating to good causes while we are at it… but we are so busy doing it that I ran out of quotes.”

“SHINEDOWN has always been about sharing the undeniable power of rock music,” says SHINEDOWN frontman Brent Smith. “And performing live is where we make that connection most directly, where we can truly experience that power together with our fans in its purest form because we are literally sharing the same physical space, living in that moment as one. FIVE FINGER DEATH PUNCH shares that passion and commitment, and, like us, leaves it all out on the stage every single night. Come experience the power of rock music with us.”

“We are really excited and proud to be part of this tour with FFPD and SHINEDOWN. Having spent many months in the studio recording ‘Prayers For The Damned’, it will give us the opportunity to play our new songs and hits in arenas”, says Sixx. “They have been such supporters of new music and we are grateful for the opportunity to be a part of this powerful night of music!” adds James Michael. “I can’t tell you how excited we are to be sharing the bill with FFDP and SHINEDOWN, this tour is going to be off the f’n chain, can’t wait to see you all out there!” states DJ Ashba.

“This will be the most explosive and dynamic rock tour these cities have ever experienced!” added Frank Productions president Charlie Goldstone.

The bands have partnered to donate $1 from each ticket sold on the tour to four hand-picked charitable organizations close to their hearts: FIVE FINGER DEATH PUNCH chose the Badge of Honor Memorial Foundation, SHINEDOWN selected MusiCares, SIXX:A.M. will support Jada Pinkett Smith‘s anti-human trafficking organization Don’t Sell Bodies, and AS LIONS will donate to Make A Wish America. In addition to the $1 donation per ticket, the bands have teamed up with Crowdrise to give fans the option to enter for the chance to win VIP tickets plus a meet-and-greet by choosing to donate an additional $5 at the time of purchase. Fans who don’t live in one of the cities on the tour, but would still like to support the efforts, can visit Crowdrise to donate $5 and be entered for a chance to win a flyaway to the show of their choice plus a meet-and-greet with all four bands.

Coinciding with the announcement of the fall tour, FIVE FINGER DEATH PUNCH is also celebrating the platinum certification of its 2009 album “War Is The Answer”, as well as the gold certification of its 2013 album “The Wrong Side Of Heaven And The Righteous Side Of Hell, Vol. 1”.

SHINEDOWN recently launched “Asking For It” — the third single off of the multiplatinum rock band’s current album, “Threat To Survival” — with an electrifying performance on ABC‘s “Jimmy Kimmel Live!”. “Asking For It” follows the album’s back-to-back #1 singles “Cut The Cord” and “State Of My Head”, and looks to build upon the band’s already record-setting tally of 20 chart-topping singles.

Tour dates (with more to be added):

Oct. 18 – Little Rock, AR – Verizon Arena
Oct. 22 – Wichita, KS – Intrust Bank Arena
Oct. 23 – Denver, CO – Pepsi Center
Oct. 25 – West Valley City, UT – Maverik Center
Oct. 27 – Phoenix, AZ – Talking Stick Resort Arena
Oct. 28 – Las Vegas, NV – T-Mobile Arena
Oct. 29 – Anaheim, CA – Honda Center
Oct. 31 – San Jose, CA – SAP Center
Nov. 02 – Portland, OR – Moda Center
Nov. 03 – Spokane, WA – Spokane Arena
Nov. 05 – Tacoma, WA – Tacoma Dome
Nov. 07 – Boise, ID – Taco Bell Arena
Nov. 09 – Billings, MT – MetraPark Fairgrounds
Nov. 11 – Bismarck, ND – Bismarck Civic Center
Nov. 17 – Cincinnati, OH -U.S. Bank Arena
Nov. 18 – Louisville, KY – KFC Yum! Center