U.S. District Judge Colleen McMahon has now tossed out the $55 million class action suit filed recently by about 400 DEA agents against NBC-Universal studios. For my full column on their complaints about the movie, “American Gangster” click here.
This means next week NBC-Universal can proceed with release of the DVD version of the film even though the judge took a major slap at the studio for what she called the false information perpetuated in this “based-on-a-true-story” film.
“American Gangster” is the story of how law enforcement took down Frank Lucas, a major New Jersey based drug dealer in the 1970’s. In the movie producers neatly blur precisely which law enforcement agency was involved with Lucas. So, the judge ruled the movie did not actually “show a single person who is identifiable as a DEA agent” and she dismissed the suit.
However, Judge McMahon argreed with the DEA plaintiff’s on a major point. She wrote, “To put it bluntly … the legend that appears at the end of the film is wholly inaccurate. It would behoove a major corporation like Universal (which is owned by a major news organization, NBC) not to put inaccurate statements at the end of popular films.” The legend in question claims Lucas’ ultimate cooperation with authorities resulted in the conviction of “three-quarters of the New York City’s Drug Enforcement Agency.”
Not true. In truth not one officer was charged or convicted of anything and scenes in the film depicting corrupt behavior by the agents are completely fabricated.
No wonder the real life agents who risked their lives to bring down a man who spent years selling poison to young people feel violated by this movie. As one close to the case said to me, “The real story was so compelling … We risked our lives day after day to work this case. Why did they have to make the bad guy look like the good guy?”
So far “American Gangster” has grossed nearly 130 million dollars. No doubt they’ll make more off the DVD sales. The agents say it cost them a lot more - their reputations and their pride.
All the law enforcement agents who worked the Lucas case, and the cases that sprang from it, feel betrayed. The truth was there – the filmmakers just decided to ignore it. And so did the actors, Denzel Washington and Russell Crowe to name just two.
Watch this space….I have a feeling this fight isn’t over yet.

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