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Greg Mortenson poses with Sitara "Star" schoolchildren in Wakhan, northeastern Afghanistan in this undated handout file photograph released to Reuters March 11, 2009.
A federal court is expected to hear accusations Wednesday that author and humanitarian Greg Mortenson fabricated parts of his best-selling books "Three Cups of Tea" and "Stones Into Schools."
A hearing is scheduled in Great Falls, Montana on claims that Mortenson lied about how he came to build schools in Central Asia after losing his way in a failed mountaineering expedition and being nursed back to health in a Pakistani village.
The lawsuit — filed by two California residents, a Montana man and an Illinois woman who bought the books — list more than two dozen alleged fabrications and accusations of wrongdoing by Mortenson, publisher Penguin Group, co-author David Oliver Relin and the Central Asia Institute.
The plaintiffs say Mortenson and the others purposely presented the lies as the truth to trick readers into buying the books and donating to the charity. They accuse Mortenson and the others of racketeering, fraud, deceit, breach of contract and unjust enrichment.
A First Amendment expert calls the lawsuit absurd, regardless of whether the books contain fabrications.
'Three Cups of Tea' author Greg Mortenson must pay $1 million to charity
Mortenson did not defame or harm anybody in his books, and barring narrow exceptions like national secrets, he can write what he wants and does not have to justify it, said Wayne Giampietro, a Chicago attorney and general counsel of the First Amendment Lawyers Association.
"It's his story. It purports to be his experiences. He can say it any way he wants to say. He has the right to publish anything he wants about himself," Giampietro said. "The idea that you can be sued because perhaps they don't like what you wrote, for whatever reason, is absurd."
Lawyers for Mortenson and Penguin Group plan to argue that very point before U.S. District Judge Sam Haddon. They are asking Haddon to dismiss the lawsuit, which seeks triple the amount of total books sales, plus punitive damages. The lawsuit is asking a judge to order that everybody who bought the books be refunded. Whatever money is left over would go to a humanitarian organization selected by the plaintiffs' attorneys and approved by the court
That promises to be several million dollars. "Three Cups of Tea" alone sold about 4 million copies.
The hearing comes less than two weeks after Mortenson and the Montana attorney general announced a $1 million agreement to settle claims that Mortenson mismanaged the Central Asia Institute and misspent its funds. The agreement removes Mortenson from any financial oversight and overhauls the charity's structure, but it did not address the contents of the books.
That's where the civil lawsuit comes in. The four plaintiffs allege that Mortenson, Relin, Penguin, the Central Asia Institute and Mortenson's consulting group, MC Consulting, were involved in a conspiracy to promote and sell the books based on lies.
"The enterprise's fraudulent scheme was to make Mortenson into a false hero, to sell books representing to contain true events, when they were false, to defraud millions of unsuspecting purchasers out of the purchase price of the books and to raise millions of dollars in charitable donations for CAI," their lawsuit alleges.
The claims cite a laundry list of alleged fabrications. They include Mortenson's recollections about holding Mother Teresa's hand while her body was lying in state in 2000, when Mother Teresa actually died three years earlier.
Those and several other alleged fabrications in the lawsuit were first brought to light last year by author Jon Krakauer and a "60 Minutes" story that questioned the truth behind Mortenson's writings and whether he was benefiting from his charity. Those reports prompted the Montana attorney general's investigation and also the civil lawsuit whose original plaintiffs dropped out months ago.
One of the lawyers in the case is Larry Drury, who also represented plaintiffs in a class-action lawsuit against James Frey, who admitted on the "Oprah Winfrey Show" that he lied in his memoir "A Million Little Pieces."
That lawsuit ended in a settlement that offered refunds to buyers of the book.
Drury and fellow plaintiffs' attorney Alexander Blewett say the Mortenson and Frey cases "are stunningly close."
Mortenson and Penguin don't argue that the events in the books are true, though the publisher says that nobody can rely on the truth or accuracy of autobiographies because they are based on the authors' own recollections.
Both Mortenson and Penguin argue that the plaintiffs can't prove that they were actually injured by anything that was written in the books and that this lawsuit amounts to a threat to free speech.
Penguin attorney F. Matthew Ralph says that if a publisher were required to guarantee the truth and accuracy of everything an author says, the costs of publishing books would be prohibitive.
"No standards exist for drawing the line where 'fiction' becomes 'nonfiction' or vice versa; and the courts are not a proper place for developing such standards or policing that line," Ralph wrote.
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This is a ridiculous lawsuit, a waste of the court's time and tax payer dollars. He is free to write whatever he wants, and his books were more for entertainment than anything else. We read lies in the media everyday, so why is the media not being sued on a regular basis?
Humanitarians lying to get people to donate to their cause? Say it isn't so.
He is free to write whatever he wants.
I'd even go so far as to say he is free to lie to get people to donate to a charity.
But once he is lying to get people to donate to a charity which pays him a salary and which it turns out he is somewhat using as his personal piggy bank.
Well, now we have a slightly different situation where a court and a jury might just be the proper venue for determining if a tort has occurred.
You are free to write what you want, but claiming fiction as fact is fraud. Write an autobiography as fiction if you are going to lie, and see how many people buy your book. Then people have no reason to be upset, and they can try to determine for themselves what is true or not. Same goes for people claiming to be war heroes, arent they free to make claims like that? Last I checked that is a crime, because they are typically defrauding people into doing things based off of their claims.
You can claim to be a war hero if you'd like. If you apply for veteran benefits or federal employment contracts based on veteran status though, expect to go to jail.
Actually, I'm going to have to get with my lawyer and start working up a case. I've read books that turned out to be real stinkers, seen movies that were a total waste of time, ordered meals in restaurants that were sub-par, bought food at the grocery store that spoiled. There's tons of crap on TV--even the stuff I don't watch. And let's not forget the Internet. I'm sure it's mostly lies, and even the "true" parts frequently don't meet the minimum standards I will define for myself at some point. I'm pretty sure I'm owed a vast pile of money.
Um. Then what would be the proper place?
Jake 413451--My sentiments exactly.
Agree with raleigh dolly about the lawsuit. If the money Dr. Greg raised went to building schools and helping impoverished children, it was money well spent!
"IF" is the problem.
The author was also being investigated for mismanaging the charity, which makes him suspect in terms of his motives and actions. There is a fine line between deception for personal gain in the guise of charity, and fictional writing for entertainment and profit. The reasonableness of the claims, especially since there is the precedence of a similar case on the record, will have to be determined by a court.
UDunnoBro--
Right---I guess it depends on what your definition of "IF" is...
What nonsense. Anyone who believes everything or anything from an author needs to have their head examined. Why are authors elevated over others when it come to truth telling. He can say whatever he wants but only an idiot would believe it just because he said so.
There is something else going on here. Someone should look in to the people bringing the suit, they probably have some axe to grind with the author.
His charity probably is detracting from their charity and that is why they are suing him. They're just sore he had a better idea than they did. As for his work in Afghanistan and Pakistan--more power to him. I personally want every US government dollar cut off to both countries. Let them live of the charity of charities. US Taxpayers have wasted enough there.
Plaintiffs firms have found yet another niche in which to sue people. They are smart, conniving people. They now know that you can sue authors for falsifying information in their works due to the James Frey lawsuit and settlement. As soon as Frey opted to settle, that's all it took. All plaintiff lawyers want is a paycheck, and they expend a lot of energy coming up with new ways to do so.
Agree with Ash Plissken, the courts are a great place to decide this issue. I picked up this book in the non-fiction section of the book store. I want my refund for the purchase and paid for my time to read it and those that went on to donate should be getting their money back with interest. If the allegations are true, then it should be treated as the fraudulant product that it is. For those that say he is free to write whatever he wants, I agree, just don't represent it as true if it isn't.
Greg Mortenson is an upstanding citizen of the world and one of my personal heros. Such unfounded allegations are very hurtful for his mother (with whom I am friends) and detrimental to the effort being made to educate girls in Afghanistan and Pakistan. For the record: Greg DID climb that mountain in honor of his sister and nearly died when he turned back to save someone else.
Avalon - If he made up aspects of his autobiography (e.g.: the Mother Teresa reference) then people have a legitimate reason to question him. He may be your hero, but if there are documented instances of provable lies in an autobiography not everyone would interpret that as heroic. I'll also note this excerpt from the story:
A $1M settlement doesn't imply someone who has a perfect record, which again lends validity to some people not being happy with him.
With regard to your relationship with his mother - I am sure she does find the entire situation hurtful and that is a very rational response from a mother. Based on a personal experience (that has absolutely zero relationship to Mortenson) mothers can still try to think only the best of their children even the face of insurmountable facts to the contrary. Perhaps that isn't the case here and maybe Mortenson is truly genuine in his desire to help others with only limited guilt due only to poor management skills and a tendency to flambuently embelish. Fortunately, we are all human and I'd bet almost everyone tends to exagerate and make things up. For his mother's sake, hopefully this is the case here.
Jerene Mortenson launched the program Pennies for Peace when she was principal of Westside Elementary School in River Falls, Wisconsin. After Mortenson had visited her school, the children came up with the idea, which she shared with her son, Greg Mortenson. Jerene has been a tour-de-force for the program, and has played a significant role in the charity. She has been Mortenson's only spokesperson since this issue began. I heard her speak at the CAI's Building Bridges Peace Conference last Oct. in Chicago. To suggest her "hurt" is a "rational" response to what has happened to her son is insensitive in the least, and callous.
Re: Larry Drury and "A Million Little Pieces" the only similarity in the two cases is Drury will make a lot of money no matter which way the case goes. Judge Haddon yesterday informed the Plaintiff's that the "court will not consider it" it is not legal precedent, and they should not have even brought it up.
Regardless of Mortenson's feelings, Penguin isn't going to take this thrashing sitting down. They are standing firmly on the First Amendment, have lost millions in revenue over the scandal caused by a competing author who sits on the board of a competing charity. Penguin has lost as much (and more financially) as the CAI.
The federal judge will announce his decision on the motion to dismiss the case ASAP. Stay tuned.
Fiction or not, Dr. Greg's book gave me a great gift. It helped me see past my stereotyped (9/11) fear of the area and instead to see a little of the beauty and humanity of a place I will never visit in my lifetime. I, too, wanted to believe every word, but realized the gift still remains. Thank you Dr. Mortenson. To the haters: go write your own book!
How surprising! (not!) A "memoir" that's not exactly accurate and a "start-my-own" charity head who is profiting from the charity.
Unless you state in the beginning of a book that is only "based" on a true story and not factual, then you have lied and misrepresented the nature of the book. If Mortenson did not state this, he should be fined for fraud.
Is it just me, or are there just way too many people lurking around just itchin' for a chance to sue somebody? And, as a party in the second part, way too many lawyers who just barely passed the bar on their 18th attempt that are just lookin' for that one big case to come along that will be their version of a winning lottery ticket.
Triple the total book sales plus punitive damages...This guy probably didn't make half the total book sales. The publisher may have that kind of money lying around, but he probably doesn't.
If the Term "Frivolous Lawsuit" was every used, it would be right now. The Federal Courts have an obligation to prevent wasteful spending within the control of the courts. Wait, I see another book, and of course, a movie deal for Mortenson.
I cannot feature what issues the crackpot plaintiffs have with Greg Mortenson. His books are required reading for troops based in Afghanistan for a reason; his idea to engage and work with the locals is a sound one. Jon Krakauer wasted whatever credibility he had telling the lies in his book, “Into Thin Air”. He is deeply jealous of the enormous good that Greg Mortenson has done. Yes, Mortenson is no businessman; he is much better than that. His nonmonetary accomplishments far outweigh the fact that he used CAI funds to travel to speaking engagements which in turn drove donations to the foundation and increased book sales (a portion of which he plowed back into the charity). He has since agreed to reimburse the charity for his travel costs. As a regular contributor to CAI, I can ask no more than that.
His work has created awareness of the need for charity in the region, and hopefully people will continue to donate to the cause. It is a worthy cause, and there are various organizations involved in these efforts.
As to mismanaging a charity, shame on him if it was deliberate. If it was simply an inability to manage the funds then it is right for him to make restitution.
As to blending fact and fiction, I write short stories for a small local publication. Nearly all of my stories are based on my own personal experiences. I doubt that there are any that don't feature some blend of fact and fiction. This is a common ploy used throughout the ages by authors who wish to heighten their readers enjoyment. I can understand a lawsuit based on misinformation that causes someone physical or financial harm and fully support such action. Lawsuits against an author who "misremembered" or who just wanted to heighten the entertainment value of the product they create IS anti-free speech. I am not surprised we are travelling this stupid path in America today. If recent trends hold up, the courts will rule against the author and every written word produced thereafter will be be written by authors under immanent threat of being sued by anyone who decides they don't like or believe the subject matter. At that point freedom of speech will officially be dead and with that out of the way we can all declare it the day America succumbed to the wounds opened by 19 evil b*st*rds aboard four planes more than a decade ago!
Okay, that may be a little bit of an over reaction, so sue me! Or I may have nailed it, which you may not like reading so sue me! I write, therefore, I'm sued!
Of course, those with legal background will scoff at my post and point out that we are all always on the brink of being sued for anything on any given day, this is just tightening the noose, I wonder how long we can breathe free? How tight can the rope become before freedom is choked out?
And what about Wickipedia?
Awright, sighber, front & center, so the lawyers ready to sue can find you easier. No, wait, that might be like turning you over to a school of pirhana fish/shambling of zombies---either analogy works, both groups attack en mass w/o thought, just a desire for meat---so let's do something a little more fair. O.K., maybe something like 100, 200 yards head start, then they are let go to give chase. Like "The Most Dangerous Game", I think that was the title of the story. But I'll help you build the Burmese Tiger Trap. What the heck, I'll meet up w/ you & help you make some shaped charges to leave in your wake. Maybe if boobytraps & such became occupational hazards for lawyers, fewer people would decide that law school was for them.
DISCLAIMER-----no, I do not advocate violence against lawyers or anyone else as a sol'n to a problem. The above is what is commonly called, "a joke". But I do wonder at times if we really have more lawyers than the market really will bear, & the proliferation of legal actions against anything & everything has to do w/ lawyers desperate to find work & make all that schooling pay off. Can't find real work, productive work? Make work for yourself. Pretty sweet deal, huh? Anecdote---last summer, a neighbor's dog nipped me. Nipped me, got one fang in. I went to the ER just to make sure I cleaned the would out sufficiently & maybe get a few days worth of ATBs. You seek medical attn for a dog bite, you have to fill out a paper for authorities to I.D. the dog if possible & determine whether any real risk to you is present. Tiny little bite, I really wasn't hurt so much as pissed off at the dog, end of story? I had 3 law firms in as many days send me letters offering to help me file charges against my neighbor.
I seem to be going off topic. No, I suppose writers shouldn't out-and-out lie, but I would think the adage of 'taking things with a grain of salt' applies here.
Or perhaps the term, 'artistic license' is appropriate. Heaven knows, film makers do it all the time.
Wikipedia---the Wild Wild West of the Internet. Or maybe you could call it the Wild Wild Wireless. I think I like that one better. Remember, folks, you heard it here 1st, from me, Bubbacat. The Wild Wild Wireless. (And 'Bubbacat' is all one word).
Casting my vote for Wild Wild Wireless.
What I called it in the olden days was the world wild web. Now with search sites like Google collecting information that "identifies" your interests and then "filters" your search results, what you are getting is a tamed version of the web. it is analogous to visiting a zoo instead of wandering in the forest. No more random results, much less chance that you will encounter something outside your experience. It is fast becoming a regulated and ever more narrow experience. I think it is being ruined.
Call me old-fashioned, but regardless of Freedom of Speech, if you present a work to be non-fiction, and that work is later proven to be fiction, does that not constitute fraud, which one can sue for? In retail, it's called bait-and-switch, where you entice people with Product X and when they arrive to buy it, you sell them Product Y without telling them there was a change - I don't recall Freedom of Speech being able to shield people from transactions like that, so why would it apply here?
i bet these people are just pissed that greg would help middle easterners. They are probably offended by this.
Who cares?????
Mortenson's wrong for what he did! THERE'S MUCH BIGGER PICTURE HERE! Why aren't we, the 99% American People, not bringing a civil lawsuit against the corrupt OIL CORPORATES! They have stolen billions from the 99% American People! We can't even get our SUPREME COURT to declare them unconstitutional because of their CORPORATE MONOPOLY over the other corporates that are causing MAJOR INFLATION and CREATING GREAT HARDSHIP for the 99% American People & their families FOR NO OTHER REASON THAN Corrupt Capitalistic Corporate GREED! Why pick on the little man, let's GET THE BIG MAN!! We, the 99% American People need to rid ourselves of the corrupt corporate political puppets so we can get our country back!
Vote STRAIGHT DEMOCRATIC, the life you save may be your OWN!!!
This message is from a LIFELONG DEVOUT REPUBLICAN totally disgusted with the way the corrupt oil corporates & most other corporates have made ABSOLUTE SLAVES out of the 99% American People! It's time for change! Like MLK said, "WE HAVE A DREAM"! Now is the time for change, not later, but right NOW!!!
Full of adjectives today, aren't we.........and piss and vinegar to boot. LOl
There are two aspects of the lawsuit that are troubling, beyond the waste of court time and taxpayer resources:
First: What right do these self-appointed plaintiffs have to claim to represent the interests of the entire public regarding what can and cannot be published. As a technical matter, any judge that certifies this as a class action should be removed from the bench for incompetence. As an aside, if this suit is allowed to continue, then a lawsuit against George W. Bush's memoirs absolutely has to be mounted, since there is evidence that he claims to be author and did not write it AND that it included plagiarism. If this lawsuit is allowed to continue, virtually every non fiction book will be subject to litigation and publishers will curtail publishing
Second: This is another example of how the legal profession has descended yet another level in which showboating lawyers can launch high profile but merit-less lawsuits in order to extract settlement. The justice system was designed and intended to dispense justice and seek truth, not to serve as a tool for extortion. The lawyer filing the suit should be made to pay back all expenses when the suit is thrown out, as a deterrent to future claims like this.
Don't they do that in the U.K.---you bring suit & lose, then you pay court costs?
I bet that would slow a lot of folks down.
What a waste of time. I don't think taking some literary license and exaggerating
the truth a bit counts as fraud. I think if Greg's work and book helped people
or just inspired people a little… it was all worth it. Aren’t there rapists and murders out there that we should be
more concerned about?
This is pure poppycock! I had the opportunity to hear Greg Mortensen speak. He was dressed in a rumpled suit and was certainly not polished in his delivery. But here's what he WAS--PASSIONATE about his life's work. So if that makes him a liar, a con artist, a thief, etc., then I am a monkey's uncle. Also, I have to question why these plaintiffs would get to select the charities of their choice for which all of this money would go. Since I and thousands of other purchased his books, shouldn't we ALL get our own personal choice. This lawsuit is ridiculous!
Leave Mortensen alone. He is a wonderful man. I loved his books and follow what he does and he does plenty - more for humanity than most of us. This is a frivilous lawsuit. This is his story as he saw it.
Class action lawyers = money grubbing leeches.
Authors are allowed artistic license. They just can't use previously copyrighted materials. I can't wait to read this book!
Americans will sue over absolutely anything - litigious, spoiled, arrogant whiners.
I understand the complaint. I don't understand a civil lawsuit over it.
There are heaps of charitable organizations that spend a fairly large amount of their donations on "overhead and administration" like salaries, and a relatively small amount on delivery of services. There are watchdog groups who publish these stats, in an effort to get people to clean up their act. Even if he paid himself an exorbitant salary, I don't see how it damaged those people filing the suit. The plaintiffs may not agree with the way he managed the funds, but I'm betting this one gets tossed out.