Probellum continues to push through with their lawsuit against BOXXER and promoter Ben Shalom.
Probellum and company co-founders Richard Schaefer and Ali Shams Pour have claimed various damages and seek an injunction in their defamation lawsuit against BOXXER and Shalom, Boxing Scene reported.
BOXXER’s alleged actions is likely to have stemmed from the U.S. Department of Treasury imposing sanctions on accused Irish crime boss and MTK co-founder Daniel Kinahan along with a group of other individuals identified as the Kinahan organized Crime Group on April 11.
The investigation caused a huge stir, especially in the boxing world where many have steered clear of any speculated ties with Kinahan.
Neither Probellum nor MTK Global were named in the U.S. sanctions, but there has been an industry-wide speculation.
Probellum has denied any link with Kinahan, but BOXXER and Top Rank have reportedly tried to make direct links between Probellum and Kinahan.
“The Defendants intended the words complained of (further or alternatively the defamatory allegation/s they conveyed about the Claimants as particularized below) to be so republished,” stated Gavin Miller, Queen’s Counsel on behalf of the claimants. “Further or alternatively such republication was manifestly a reasonably foreseeable consequence of the Defendants’ actions, and the Defendants are liable for the said republications.
“Those to whom the words complained of have been published or republished as aforesaid included the boxing managers as well as Mr Al-Samarrai and other boxing journalists.”
The Damages section of the claims says that Pour and Schaefer are suffering from “anxiety from the rapid fallout” due to BOXXER and Shalom, Boxing Scene reported.
The case was first filed on June 21 in the High Court of Justice of England and Wales. An expanded 10-page Particulars of Claim was filed on July 13, which was also obtained by Boxing Scene.
The most recent legal action comes after BOXXER reportedly sent out two Code of Ethics letters to trainers, managers and promoters, requiring them and their fighters to deny working with Probellum or the now-defunct MTK Global.
Probellum’s legal team argued that Shalom acted on behalf of BOXXER “whether as agent, employee, consultant, director or otherwise. [BOXXER] is vicariously liable for all of [Shalom’s] actions upon which the Claimants rely in these actions,” according to the Particulars of Claim filing.
Probellum allegedly reached out to BOXXER and Shalom regarding these actions on May 24, but has not received a response.
“Nor have they responded to a letter of 23 June 2022 from the Claimants’ solicitors requesting that steps be taken by them to mitigate the damage being done to the Claimants by the libels, including providing a public statement making clear that the imputations complained of are untrue,” Gavin Miller, Queen’s Counsel said.
“The statements complained of were published by the Defendants in the letter, as aforesaid, knowing or suspecting that they were untrue. Further the Defendants published them having refrained from taking the obvious and straightforward steps of:
– asking the Claimants whether they had breached anti-money laundering laws, were the subject of economic sanctions imposed by US and/or other international agencies or were associated with, the KOCG and / or its leadership; and
– making even the most basic investigations with authoritative third parties or agencies to establish whether the Claimants had breached money-laundering laws or were the subject of any such sanctions, which steps would immediately have made clear to the Claimants that the statements were untrue.
As a result, Probellum claims: “aggravated damages to Pour and Schaefer; exemplary damages to the company as a whole; and an injunction to restrain BOXXER and Shalom,” according to Boxing Scene.