El Jefe

Jaco Incorporated Strikes Back

Let me begin this column by turning it over to a letter by Stephen M. Carlisle that was posted at the official Jaco Pastorius website and that we can only assume is in the mail to us:

This office represents Jaco Pastorius Inc. I have been forwarded the article written by Jeff Stratton, entitled "Jaco Incorporated". This article is so replete with errors of fact and outright false information that it sets a new standard for shoddy journalism, so shoddy in fact that Mr. Stratton is unable to correctly state the actual date of the death of Jaco Pastorius. (For his information, he died on September 21st, not the 19th.) Mr. Stratton ignores easily discoverable facts, including those contained in public records, and makes completely false assertion of facts with absolutely no citation of factual support provided, underscoring the reckless disregard for the truth displayed throughout the article. New Times needs to immediately retract the following false statements and publish a correction no less prominently than the original story, including all Internet versions.

1) "Mary and John, his older children were entitled to all income from Pastorius' work before 1978". This statement is false. A one-half share of Jaco's first two music publishing companies was awarded to Jaco's first wife Tracy in the divorce settlement finalized in 1979. Thus the right to receive this income belonged to Tracy Lee, not to Jaco, and therefore not to his Estate. This is a matter of public record which your writer obviously chose to ignore. All of the other worldwide income (which properly excludes the previously mentioned one-half share awarded to Tracy Lee in 1979) that JPI collects, along with the expenses it incurs, is accounted for properly and in a timely fashion. Distributions from this income made by JPI (and by its predecessor, the Estate) have always been equal, at 25% to each heir/shareholder, in accordance with the law. To state otherwise, as Mr. Stratton does, is false.

2) "Currently they [Felix and Julius] get $500 a month, plus another $2,500 each year." This statement is false. The actual figure is several times the stated amount. Mr. Stratton unquestioning acceptance of whomever provided that information to him is another example of his reckless disregard for the truth, utilized to prop up his assertion of JPI's income as "modest". No attempt was made to verify this figure before publication, either with the CFO of JPI, Rory Pastorius, or this office.

3) "And with Mary, John and their Uncle Rory forming a three person majority on the JPI board, they get their way." This statement is false. Gregory Pastorius is the fifth director of JPI, not Rory Pastorius. He was elected to this position by a unanimous vote of all the shareholders on May 27, 2006. In fact all votes of shareholders and the board of directors of JPI at corporate meetings have been unanimous, as evidenced by the minutes of the meetings, which were signed by all shareholders/ board members, and are contained in the corporate records.

4) "But it's Bobbing, holding no official position in JPI, who actually seems to be the man calling the shots." This statement is false, and quite frankly, preposterous. As the attorney for JPI, virtually every licensing request relating to Jaco comes across my desk. The majority are routine requests which are handled by myself and Rory as VP of Operations and Finance. Non-routine requests trigger a canvassing of the Board for their input. I do not consult with Bob Bobbing on such matters, nor would I have any reason to do so. I would estimate that I have not spoken to Bob Bobbing for over a year.

5) As yet another example of Mr. Stratton's reckless disregard for the truth he makes it appear as if Mary and Julius' exchange of e-mail was contemporaneous, when in fact the e-mails were separated by over a month in time and addressed entirely different subjects.

Finally to include a quote from Mr. Rutherford that "It's been 19 years and they've done nothing." highlights Mr. Stratton's preconceived agenda to paint a false and negative portrait of the Pastorius family and JPI, and thus reveals the motive for his constant reckless disregard for the truth.

The truth is this. Jaco died leaving $659.21 in cash and his copyrights. That's it. The family doesn't even know where his bass is. The claim of Broward General Hospital against his Estate was $29,731.65. A New York co-op claimed another $24,577.91 in damages and started garnishing Jaco's royalties. Only through perseverance and a lot of hard work has the Pastorius family, (including Tracy Lee, Gregory Pastorius and Ingrid Pastorius) been able to make Jaco's legacy rise again to where it is now. I don't know why New Times wants to tear this accomplishment down by hurling false accusations. All of the above facts are contained in the Court file, which are public records.

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Tony Ortega
Contact: Tony Ortega