Russell Simmons is accusing HBO and its partners of ignoring civil rights leaders, burying evidence, and turning his name into a global spectacle, and heโs putting it before a Manhattan court.
In a sweeping amended lawsuit obtained exclusively by The Informer and filed in Manhattan, Simmons alleges that Warner Bros. Discovery, HBO, HBO Max, Max, filmmakers Kirby Dick and Amy Ziering, and Jane Doe Films knowingly pushed the 2019 documentary, โOn the Recordโ (OTR), despite repeated warnings that the film was one-sided and unreliable.
The Queens-born architect behind some of rapโs biggest stars, including Run-DMC, LL Cool J, and Jay-Z has lived in near exile in Bali, Indonesia, since the allegations erupted, and he is now accusing HBO and others of ignoring clear warnings and pressing forward anyway with the explosive film.
โThis lawsuit is about the reckless and/or malicious defamation of Simmons,โ the complaint states, describing the film as โa defamatory film that was mislabeled as a factual documentaryโ and a โtabloid hit pieceโ that โblurred the lines between documentary and drama to exploit [the] #MeToo movement for media profit.โ
Warnings Ignored, ‘In It for the Money and Attention’ย
According to the lawsuit, which includes several Washington Informer news articles about the film, those warnings came from the highest levels.
โBefore OTR was broadcast, the Defendants ignored the requests of many highly respected and notable civil rights leaders, including but not limited to, [the] Rev. Al Sharpton and [the] Rev. Jesse Jacksonโฆ who asked the Defendants to verify the Accusersโ stories and not to release a one-sided story,โ the complaint states.
The filing adds that even inside corporate leadership, there were calls for balance.
โAt least one Time Warner Board Memberโฆasked the Defendants to include both sides of the storyโฆwhich the Defendants again refused to do,โ the filing states.
Simmons says this was not an oversight. He says it was a decision.
The lawsuit also challenges the foundation of the film itself.
Simmons alleges the central accuser was not simply a participant but someone with a financial stake and influence over the production.
According to the complaint, she โplayed an active, instrumental, behind-the-scenes roleโ and โdefinitely had a private dealโ with the filmmakers, adding that she was โin it for the money and attention reasons period.โ
That arrangement, Simmons says, was never disclosed to viewers.
Instead, audiences were presented with what appeared to be independent testimony.
The filing adds that she described herself as โthe main one most associated with the filmโ and had โplanned this for yearsโ as part of a larger effort that included a book built on the same allegations.
Oprah Winfrey and the Insider Who Never Made the Cut
One of the most striking moments in the complaint centers on Oprah Winfrey.
According to the filing, Winfrey initially backed the project but stepped away after reviewing the material and raising concerns about inconsistencies.
โThereโs some inconsistencies in the stories we need to look at,โ she said, according to the complaint, which also states she found โtoo many inconsistenciesโ in the lead accuserโs account.
Simmons says she urged the filmmakers to include opposing perspectives.
They refused.
Winfrey has publicly defended her decision to withdraw, saying it was based on concerns about the film itself and not because she did not believe the alleged victims.
The lawsuit also highlights voices Simmons says could have changed the entire narrative.
Nana Carmen Ashhurst, a former president of Def Jam Recordings, is described as a key witness contradicting one of the central allegations.
โAt no point did [she] use the term rape,โ Ashhurst said, recalling a phone call the day after the alleged incident, according to the complaint.
Simmons says the filmmakers knew about her account and excluded it.
Thomasina Perkins-Washington, a longtime publicist, also warned executives before the film aired.
โThis is a one-sided narrative with no credibility or integrity,โ her 2019 letter to HBO states, according to the complaint, which says she provided documentation and witness statements that challenged the allegations.
‘Deliberately, Recklessly, and Maliciously,’ Evidence Left Out
The complaint repeats that phrase again and again.
โThe Defendants deliberately, recklessly, and maliciously persisted in publicly releasingโฆOTR,โ it states, even after being presented with โhighly relevant and credible evidence favorable to Simmons.โ
Simmons alleges the filmmakers refused to include his side of the story and ignored evidence that challenged the allegations.
Before the film was broadcast, Simmons said he spoke to Casey Bloys, chairman of HBO and Max Content. Simmons told Bloys he had witness testimony and a short movie rebuttal and he asked Bloys to review it for the inclusion in the film.
โBloys thought that was funny, laughed, and replied, โOnly if the girls agree to be in it,โโ Simmons said.
Among the claims, Simmons says he voluntarily took nine lie detector tests and passed them.
โI believe he was truthful in all of these,โ a polygraph examiner is quoted as saying in the filing.
He also alleges the filmmakers failed to properly vet the accusers.
โIt is unclear what the Defendants did, if anything, to personally vet the credibility of the Accusers,โ the complaint states.
The Decision to Move Forward
Simmons argues for HBO and Warner Bros. Discovery were fully aware of the controversy before distributing the film.
โDespite the obvious and unmissable serious red flags,โ the complaint states, the company moved forward anyway.
He says executives were contacted repeatedly with evidence and requests for review.
Instead, they relied on the filmmakers.
โThe filmmakersโฆstand behind the content,โ an HBO attorney stated.

