What is this Case about?

This case details wide ranging fraud, mismanagement, breaches of contract and fiduciary duty, and other deceptive business practices perpetrated against the Harlem Festival of Culture (HFC) and its original creators, Nikoa Evans and Musa Jackson. Evans and Jackson brought on Yvonne McNair, based on her purported experience producing music festivals, to join Harlem Festival of Culture as a co-founding partner to support production of the Festival, slated for July 2023 and created to pay homage to the Harlem Cultural Festival which took place some 54 years ago.

During her time with the company, McNair instead abused her position as HFC Talent & Technical Producer engaging in what amounted to a behind-the-scenes hostile takeover of the Festival. She also repeatedly violated the parties’ Operating Agreement and a later Agreement the other members entered into in hopes of reining in her unauthorized conduct and salvaging the Festival for 2023. As the lawsuit outlines, McNair’s egregious conduct included:

• Falsely representing to third parties that she had sole authority to act on behalf of the HFC, in violation of the HFC’s Operating Agreement.

• Diverting funds which belonged to HFC to bank accounts in her name or under her control.

• Attempting to divert intellectual property belonging to HFC to companies under her control for her exclusive benefit.

• Organizing her activities to benefit her own companies and not HFC.

• Utterly mismanaging the affairs of the HFC.

• Exposing the HFC to unnecessary liabilities.

• Violating the duty of loyalty she owed to the Company.

• Damaging the Company’s reputation in the community.

Ultimately, this case is about seeking justice not just for the HFC which was directly defrauded as a result of McNair’s actions, but for the sponsors, vendors, ticket buyers, and the Harlem community as a whole who looked forward to attending the Festival this year and in years to come.

Why was the Festival canceled?

The Festival was ultimately canceled due to President Biden’s heat advisory issued a day before the Festival was to begin. However, the decision to cancel the Festival on the morning it was slated to begin was made unilaterally by McNair without providing either Nikoa Evans or Musa Jackson advance notice.

Will vendors, ticket buyers, and sponsors be repaid?

As the lawsuit details, McNair diverted or deposited an estimated $1.3 million of sponsorship funds, ticket sale proceeds, vendor booth fees, and other funds into accounts owned or controlled by her or companies in which she had an interest. Since canceling the festival, McNair has engaged in an effort to deflect liability from Captivate Marketing Group (CMG) and/or Captivate Productions (CP) by asking third parties to alter their original agreements and invoices with CMG and CP and bill HFC. This lawsuit is seeking to compel McNair to refund the sponsorship fees, booth fees, ticket sales, and other revenues she collected and failed to return. 

Will there be a Harlem Festival of Culture next year? 

Musa Jackson and Nikoa Evans are hoping to revive the Harlem Festival of Culture with a successful event benefiting the Harlem Community in 2024.

Who do I contact for more information?

Media Inquiries: media@harlemfestivalofculture.org

Sponsors: sponsors@harlemfestivalofculture.org

Vendors: vendors@harlemfestivalofculture.org

Ticket Inquiries: ticketinquiries@harlemfestivalofculture.org

General Information: info@harlemfestivalofculture.org