The agency has filed suit against DMX in a New York court.
Heavy Rotation claims that founder Sivash Aghaiepour met DMX (real name: Earl Simmons) shortly after the artist was released from a recent stint in jail, and was asked to match an offer from a German agency for representation, for which DMX became an exclusive client.
DMX told Aghaiepour that there was a lien on his passport because he owed child support payments of approximately $50,000. He asked Heavy Rotation to pay that amount from an advance to baby mama Divita Darcy in order to remove the lien, and pay for a lawyer to help him with paperwork that would allow DMX to tour overseas.
Heavy Rotation agreed and sent DMX the contract in August, according to the complaint, but the rapper didn’t finally sign and return the papers until October. But, lo and behold, DMX was arrested again on a driving infraction – which, of course, required more cash to deal with.
In the meantime, DMX hired manager Jason Fowler of J-Mike Management to oversee domestic affairs in violation of the exclusivity of agreement with Heavy Rotation, the complaint alleges, and as Heavy Rotation was busy booking a European tour.
Before the jaunt could begin, however, Heavy Rotation discovered that Darcy was not the only woman to whom DMX was in arrears for child support – another woman claimed he owed her $1 million, and the true amount of the passport lien was $285,000.
The tour never happened, Heavy Rotation lost its 10 percent and more than $112,800 in travel expenses and bail money, and the rest is in the lawsuit.
Heavy Rotation is also suing Fowler and J-Mike Management for allegedly booking domestic shows for DMX despite the exclusivity of its own contract and for allegedly telling venues that Heavy Rotation “was never authorized to book shows for DMX, and that DMX never received any money from Heavy Rotation.”
The complaint also alleges DMX hired yet another company, Streetlife International, to book shows in Africa, for which the rapper also failed to show, in violation of his contract with Heavy Rotation. Streetlife isn’t named in the suit.
Heavy Rotation seeks more than $442,000, including $100,000 in punitive damages, plus a court order blocking anyone else from booking DMX, for breach of contract, unjust enrichment and fraud.