I was defrauded by Joseph Nicoletti in that none of the services were fulfulled for which I paid (nearly $7700.00) as he promised to me verbally and in his contract. He refused to answer my telephone calls for over 6 weeks. He could not show me where any tv or radio ads that I paid for were aired. He could not offer me a list of radio stations that were playing my CD. He could not show me how or where the monies I paid to him were spent on my behalf to enhance my career.
He did not get distribution for my CD with the major retail outlets like Costco, Wal-Mart, Target, The Wherehouse, etc. As he promised. He did not get my CD aired on the major radio stations as promised. He did not get me and my band booked into the major hotel venues as opening acts such as for artist Tony Bennett (as he used Mr. Bennett's likeness to show he had the connection). Joseph Nicoletti did nothing except misrepresent himself as a promoter and took my money without providing me the contracted and verbally promised services to further my musical career.
Under the following pretenses, had I known the representation made my Joseph Nicoletti were false, I would never have sent him money:
1) Knowing that Nicoletti did not know Clive Davis of BMG record distribution, and that Nicoletti's niece did not work for Clive Davis of BMG record distribution
2) Knowing that Nicoletti's references sent to me showing copies of entertainment-related business with him through artists like Kenneth Simmons, the Orange County Register, and Sony Music
3) Knowing that Nicoletti telling me he knew the entertainment directors at Caesar's Palace, MGM Grand, Paris and the other major hotel/casinos in Las Vegas, NV were places could he get my band booked
4) Knowing that Nicoletti did not have the relationship with entertainment artists and/or their management and that bogus documents were sent to me by persons under the control of Nicoletti and not by the person or entity indicated on the document
5) Knowing that documents were altered to show a relationship that did not exist between Nicoletti and the author
6) Knowing that Nicoletti was not telling me the truth from the very beginning about any of his connections or services
I did send Nicoletti money due to the fact that he seemed knowledgeable about making the right contacts to get my CD aired on the major city radio smooth jazz stations. He seemed to have had some reasonable success in the entertainment industry, and I found him through what I considered to be a reputable entertainment magazine Billboard, I paid him an initial $2500 for that promotional service.
He seemed knowledgeable of the facts and terminologies about television commercials that he claimed he would get my already produced TV ad aired on Channel 5,9, and 13 here in Los Angeles, and on the independent TV channels in other major cities. He told me I needed to have $3500 sent to him before September 1, in order to beat the deadline for the winter airing of commercials. I trusted him at his word and paid him $3500 for this service. No TV ads of my CD were ever shown in Los Angeles, and as far as I know, anywhere else in the U.S. Due to Joseph Nicoletti's efforts.
After paying Joseph Nicoletti for what I trusted him to do to promote my CD and I found out later that his misrepresentations were revealed, I would never have sent him any money.
The documents he sent me with photos of Andy Williams and the connections he said he had with Diana Ross and Clive Davis of BMG did influence my decision to send him money.
My Non-exclusive Agreement with Nicoletti made me believe he was credible, trustworthy and experienced. His initial interest in me and multiple calls and emails to me on a daily basis made me think he had my career goals at heart. Once he was paid, the contact with me dwindled, faded, then became totally non-existent.
Had I contacted the Better Business Bureau first and checking his record with the BBB, I never would have paid him any money. After he bombarded my email inbox with letters of BBB clearances, he made it look as though he had been cleared of all wrongdoing, and no other artists were charging him with misrepresentations. From this fact and his telling me he had made verbal commitments to many television stations to air my CD ad, I sent him the $3500 to get my CD on television.
Had I known Nicoletti had been sued in Small Claims Court with a judgment levied against him ordering him to refund the plaintiff/complaining party, never would I have sent him money.
Nicoletti told me he had a staff of 50 people working in his office. I never knew that I sent him money to a Post Office Box and not a regular working business office staffed with 50 workers.initially, paying him money was what he called for his staff. Yet he was willing to forego the 2nd half of my Deluxe package (another $2500) if I agreed to pay him the $3500 for the television ads. It made me wonder about his 50-people staff not getting paid their due in lieu of the $3500 TV ads.
I assumed my initial $2500 fee to him was to cover postage and connecting to shop my CD to major city radio stations and major retail outlets like Costco, Sam's, Wal-Mart, The Wherehouse, etc. As he told me. I did not pay to have his automobile expenses paid for meeting entertainment industry representatives on my behalf, or for postage for distribution of NICOLETTI MUSIC/CREATIVE NETWORK postcards advertising the networking services offered to amateur/unsigned artists and writers, or to reimburse fees to pay for post office boxes used to receive mail for NICOLETTI MUSIC/CREATIVE NETWORK that had nothing to do with me or my talent.
Ronald
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Africa
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