Myth: The Settlement Was For Negligence, Not Sexual Abuse

Settlement was for negligence

April 7, 2020

The statement is partly true, but it overlooks a crucial detail: in the settlement, the Chandlers agreed to drop the sexual abuse claims and proceed solely with the negligence claim. This remaining claim is inseparable from the underlying allegations, as negligence inherently relates to a failure that enables or contributes to a wrongful act.

To put this into context, in September 1993 a civil lawsuit was filed on behalf of Jordan Chandler against Michael Jackson, comprising seven causes of action: sexual battery, battery, seduction, wilful misconduct, intentional infliction of emotional distress, fraud, and negligence. The full breakdown of these claims is set out in Jordan’s original civil complaint.

43. Defendant Michael Jackson owed a duty to use ordinary care in his relationship with plaintiff and not to take advantage of plaintiff's age or of plaintiff's trust in defendant Michael Jackson. Further, defendant Michael Jackson was at all times obligated to comply with all provisions of the Penal Code of the State of California and other jurisdictions and to specifically comply with the Penal Code Sections alleged in paragraph 24, above.

44. Defendant Michael Jackson negligently had offensive contacts with plaintiff which were both explicitly sexual and otherwise.

As we know, the civil lawsuit ended in an out‑of‑court settlement, with Michael Jackson paying a reported $15+ million to the child.

So why is it claimed that he only paid for the negligence charge?

In the fifth paragraph of the settlement, Jordan Chandler and his parents agreed to withdraw all claims that directly accused Jackson of sexually abusing the child. In effect, Jackson required them to remove the explicit allegations in order for the payment to be framed around a less damaging claim. The settlement was clearly intended to resolve the dispute, not to serve as an admission of guilt.

5. Dismissal of the Action

The Action shall be dismissed, with prejudice, accordance with the following schedule:

a. Forthwith upon the signing of this Confidential Settlement by the Parties hereto, the Minor, through his Guardians ad Litem in the Action and attorneys, shall dismiss, without prejudice, the first through sixth causes of action of the complaint on file in the Action, leaving only the seventh cause of action pending.

b. Upon (1) the full and complete payment of all Settlement Payments provided in paragraph 3.a. (6) (a); (2) the full and complete payment of all Settlement Payments provided in paragraph 3.b. (1); the full and complete payment of all Settlement Payments provided in paragraph 3.c.(1); the full and complete payment of all Settlement Payments provided in paragraph 3.d. (1); and (4) the earlier of (i) the full and complete payment of all Settlement Payments provided in paragraph 3.a. (1)-(4) above or (ii) agreement by Jackson to Qualified Assignments, accompanied by receipt by each assignee from Jackson of the Qualified Funding Asset Premiums by the QFAP Funding Dates, the Minor, through his Guardian ad Litem, shall dismiss the entire action with prejudice.

Counts one through six were dismissed without prejudice, meaning the Chandlers technically retained the option to refile them. In reality, this was highly unlikely, as Evan and June Chandler had already agreed in paragraph 12.c. that signing the settlement and avoiding a trial was in the child’s best interests.

Jordie’s therapist raised concerns in November 1993 about the “extremely harmful” impact a prolonged legal battle was having on him. Jordie even drew a picture of himself committing suicide and showed it to his father. A year after the settlement, Larry Feldman confirmed that Jordie was still struggling to cope. The family sought protection through the witness protection programme, but their request was denied. Given these circumstances, their decision not to proceed to trial was entirely understandable.

The agreement also explicitly prohibited the Chandlers from discussing the allegations with anyone other than the authorities. MJ fans often point out that the settlement did not prevent them from speaking to the police about the criminal investigation, which is correct—restricting that would have been illegal. The Chandlers were free to cooperate with law enforcement, but it is important to consider the highlighted sections of paragraph 11.g:

g. In the event the Minor, the Minor's Legal Guardians, the Minor's Guardian ad Litem, the Minor's attorneys, Evan Chandler or June Chandler, or any of them individually or on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, receive any subpoena or request for information from any person or entity who has asserted, or is investigating, any claim against Jackson or the Jackson Releasees or the Action or the Claims, they agree to give notice in writing to Jackson's attorneys regarding the nature and scope of any such subpoena request for information, to the extent permitted by law. This notice shall be given before responding to the request in any manner other than objections or a refusal to respond and shall be given no later than five days following the receipt of the request.

While MJ could not prevent the Chandlers from cooperating with the police, the agreement ensured he would be notified if anyone involved chose to discuss the allegations with the authorities. This effectively gave him advance warning and an opportunity to prepare his defence before any questioning took place.

As a consequence of this arrangement, the LA District Attorney’s Office and several child‑welfare organisations pushed for reforms to California law. Their concern was that civil settlements of this kind could discourage victims from cooperating in criminal proceedings. The resulting change allowed prosecutors to intervene in civil cases to prevent agreements that might undermine criminal investigations. Under the revised law, contracts that schedule payments more than one year after signing are no longer legally enforceable. This is set out in California Civil Code 1669.5, which is explained on findlaw.com

In addition, MJ and his legal team sought to limit the Chandlers’ ability to bring a future lawsuit. The settlement included a clause stating that the civil suit would be dismissed with prejudice once all instalment payments had been completed. Because the payments were structured to run through the entire criminal statute of limitations, this meant that the Chandlers would be unable to pursue legal action for the molestation allegations at a later date. At the time, the statute of limitations for Jordan’s case was six years.

This was clearly detailed in paragraph 11.f.

.f. The Minor, by and through his Guardian ad Litem, and Evan Chandler and June Chandler, and each of them individually and оп behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, agree not to cooperate with, represent, or provide any information, to any person or entity that initiates any civil claim or action which relates in any manner to the subject matter of the Action against Jackson or any of the Jackson Releasees, except as may be required by law.

If the agreement among all parties still doesn’t strike some readers as an obvious attempt to silence the Chandlers — as Carl Douglas explicitly stated — then paragraph 12.e. near the end of the document is worth considering.

e. The attorneys of record for all the Parties represent and warrant that they will use their best efforts to safeguard, secure and protect the discovery obtained in the Action from disclosure.

The “discovery” process is a pre‑trial stage in which each party can obtain evidence from the other through methods such as interrogatories, requests for document production, requests for admissions, and depositions. Notably, MJ sought to keep all discovery related to the Chandlers’ lawsuit completely sealed. Shortly after the lawsuit was filed, his attorneys also attempted to block any discovery—including evidence gathering and witness depositions—for seven years, which would have effectively stalled the civil case.

It’s important to clarify that keeping discovery sealed is not illegal and does not amount to obstruction of justice. However, it does restrict the ability of any party—whether media, civil, or criminal—to access information about Jordie’s claims or to understand where to direct further inquiries. At the same time, the sharing of evidence between the Chandlers’ civil attorneys and prosecutors became a significant challenge for Jackson’s defence team.

According to this 1993 LA Times article:

Cochran and Howard Weitzman, two of Jackson’s lawyers, fought vigorously to prevent information obtained during the discovery process in the boy’s lawsuit from being turned over to prosecutors. They argued that investigators were trying to use the suit to advance their criminal investigation, a technique that Jackson’s lawyers said should not be allowed.

But Lauren Weis, who heads the sex crimes unit of the Los Angeles County district attorney’s office, said investigators should be able to review that material to assist them in deciding whether criminal charges are warranted against Jackson. Although law enforcement sources previously said a decision about whether to file charges could be reached by January, Cochran said he was recently notified that it will not be concluded before February.

"We have a right to know if these witnesses made contrary statements at other times,” Weis said, in arguing for access to the civil discovery material, which includes sworn statements by possible witnesses."

Why was Jackson’s legal team so determined to stifle information if there were genuinely no concerns about his behaviour?

One plausible explanation is that the discovery process, which underpinned Jordie Chandler’s lawsuit, created a strong incentive to settle. Full discovery risked exposing material that could heighten fears of criminal prosecution and potentially strengthen the prosecutors’ case—something Jackson’s lawyers would have been acutely aware of.

Settlements are often crafted with the strategic aim of slowing legal progress or preventing damaging information from becoming public. It is therefore not unreasonable to suggest that Jackson’s decision to settle carries implications. If the Chandlers’ claims were trivial or posed no threat to his innocence, there would have been no need for a settlement at all.

To summarise, the agreement does state on page 4 that Michael Jackson does not admit guilt. However, the “no admission of guilt” clause is standard legal boilerplate.

Harvey Weinstein used similar language in the NDAs he signed with his victims (see page 142). Likewise, in a case involving two sheriff’s deputies accused of beating a man during an arrest, the county denied any wrongdoing despite the existence of video evidence. If we were to treat such clauses as proof of innocence, we would have to assume that every institution or individual who signs an agreement containing them—including the Catholic Church with its numerous NDAs—must also be entirely blameless. The idea that a “no admission of any crime” clause is a compelling argument for innocence is, frankly, absurd.

With permission, the following article was translated and enhanced from The Truth about Michael Jackson.

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