Buster Mathis in Civil Suit
Paul Dalrymple
Sunday, October 15, 2000
By David Mayo
The Grand Rapids Press
When Mike Tyson fights Andrew Golota Saturday in Auburn Hills, the former
undisputed heavyweight champion will earn $10 million, and television
viewers must pay $49.95 to watch.
When Buster Mathis Jr. enters the fight of his life this week in Kent County
Circuit Court, the former heavyweight contender from Grand Rapids will seek
to retain a disputed portion of his purse from a 1995 fight against Tyson,
and three subsequent fights, which is only a fraction of what Tyson earns
for one bout.
But the roughly $350,000 in question is an enormous stake from Mathis'
five-year boxing career -- about one-fourth of his gross earnings.
"What happens in the ring, that's easy. This is boxing, right here," Mathis
said.
Mathis, 30, and his former manager, Brian Lee Baumchen, 55, also of Grand
Rapids, are embroiled in a civil matter more than five years in the making,
and due for trial Monday.
Mathis alleges that Baumchen -- who goes by the abbreviated name Brian Lee,
had Mathis under contract using that name, and sued Mathis under that
name -- breached their contract by claiming to have paid illegal kickbacks
to a Don King Productions employee, Mathis' lawsuit says.
So Mathis fired Baumchen. Baumchen did not receive his customary 231/3
percent of Mathis' purse from the Tyson fight, nor of three 1996 purses in
Mathis' final year of boxing.
Baumchen did not respond to an interview request, but his attorney said this
is a simple contract issue, that there was a valid and long-standing
managerial agreement in place, and that Baumchen was summarily dismissed
just as Mathis was prepared to make his biggest payday.
"The contract was signed. Brian was the manager," said Dennis Shimmell,
Baumchen's attorney. "The contract was for seven years' total time, with
renewal options. There were about four years to go on the contract when
Mathis breached it."
Baumchen sued Mathis on Feb. 5, 1996, and Mathis countersued exactly two
months later, both seeking unspecified damages in excess of $10,000.
For more than 41/2 years, the case has kicked around through a series of
motions, depositions, and two additional lawsuits by Baumchen, against
former Mathis matchmaker Bruce Kielty, and a friend of the fighter's, Roe
Van Fossen.
This week, barring another delay, it finally gets presented to a civil jury.
"This is wonderful. I've been looking forward to this since it started,"
said Mathis, who has spent the lasttwo years at the University of Miami,
where he expects to earn a degree next summer. "This character called Brian
Lee is suing me, he's suing my friends, he's suing everybody who was
involved in my life. My goal is to get rid of this guy and get on with my
life. I've got a lot of opportunities. I'm looking forward to exploring
them."
Instant fame for Mathis
When Mathis fought Tyson on Dec. 16, 1995, in Philadelphia, 43 million
prime-time viewers on Fox made it the most-watched boxing event on U.S.
television since Muhammad Ali-Leon Spinks II in 1978.
Tyson won on a third-round knockout. Mathis gained instant fame, and a
career-best $700,000 purse.
Behind the spotlights, entropy had ripped apart Mathis' boxing team.
Buster Mathis Sr. and Buster Mathis Jr. wove an improbable success story.
The father, who lost to Joe Frazier for the heavyweight title and to Ali in
a non-title fight, brought his obese teen-ager to a boxing gym. Buster Jr.
weighed 295 pounds at age 14, but within four months reduced to 179. He also
discovered an aptitude for his father's training methods. He became a top
amateur, turned pro in 1991, and built a 20-0 record entering the Tyson
fight. He earned the United States Boxing Association heavyweight title with
a points victory over Olympic gold medalist Tyrell Biggs.
On Sept. 6, 1995, with his son's biggest fight pending, long-ill Buster
Mathis Sr. died of a heart attack. He was 51.
Nine days later, Baumchen allegedly admitted in a meeting conducted at the
office of local attorney Jack Clary that he had paid $10,000, in two
installments, to an unspecified employee of Don King Productions to secure
the Tyson fight. Mathis and Kielty say they were present at the meeting,
along with Clary, who was Mathis' attorney at the time.
Kielty, the longest-tenured member of Mathis' boxing team after the death of
Buster Mathis Sr., resigned as matchmaker within 48 hours.
Baumchen, by contract, received one-third of Mathis' purses, of which he
customarily kept 231/3 percent and paid 10 percent to Kielty. They did not
have a contract. Buster Mathis Sr. received 10 percent as trainer.
Mathis lost to Tyson, but was happy with his new trainer, Joey Fariello, who
also had trained his father. Mathis planned to relocate training camps to
New York so he could spend more time with Fariello.
On Christmas Eve, eight days after Tyson-Mathis, Fariello suffered a stroke.
He died Dec. 27. He was 58.
Mathis fought three more times, all in 1996, for purses totaling $95,000.
Baumchen wants $265,000 -- one-third of the $795,000 Mathis grossed after he
was fired -- plus unspecified damages.
"It's quite evident," said Shimmell, "that Buster didn't believe he was
going to beat Tyson, or had his doubts, or perhaps thought he had gotten to
the point in his career he didn't need a manager -- 'I'm a household name,
why should I pay anybody out of my share?' He was trying to increase his
take by 231/3 percent, and that's what he did.
"Buster got greedy, and essentially cheated Brian out of his share."
Mathis wants to keep the disputed portion, plus recoup about $81,000 more in
training expense money Baumchen controlled. As with most major fights,
Mathis' contract for the Tyson fight called for training expenses --
$100,000, paid by Don King Productions. The $81,000 was the unspent portion
that Mathis never received.
"When I was training for Tyson, I was broke. Roe came to my rescue," Mathis
said.
Roe Van Fossen, a retired friend of Mathis', helped fund the fighter's
training camp. Mathis and Van Fossen met while the fighter was attending
Grand Rapids Community College, and needed help with a computer class. They
made a peculiar pair, but the young black contender, and white retired
businessman, became fast friends.
Van Fossen was sued by Baumchen, two years ago, for allegedly interfering in
Baumchen's contract with Mathis.
Van Fossen said he is guilty only of being Mathis' friend.
"And I wouldn't change it for one minute," Van Fossen said. "Buster Mathis
is still one of the nicest kids I know, and even for all this trouble, I
wouldn't have changed a thing."
Personal losses took toll
Plenty has happened to all involved parties in the last five years.
After his father's death, Mathis fought four times, including the Tyson
fight, under four different trainers. While stunned by losing his father, it
was Fariello's death which quickly pushed Mathis away from boxing.
"Before Dad passed, he said he wanted Joey Fariello or Kevin Rooney to train
me (if he died). Death was a topic in our family. Dad knew he was dying, and
he was trying to prepare everybody. But after Joey passed away, I didn't
want to fight anymore," Mathis said.
Baumchen became a practicing local attorney, as Brian Lee, the name under
which he graduated from Michigan State University's Cooley Law School.
Baumchen and Kielty were interviewed by the FBI about the kickback
allegations, as prelude to this summer's failed federal attempt to prosecute
top International Boxing Federation officials for accepting bribes.
The IBF is one of boxing's three major championship sanctioning bodies.
Baumchen's alleged claim of payments fit the description many witnesses
testified about regarding typical IBF business practices. Plus, the Mathis
team was closely affiliated with many figures in that trial:
-- Mathis held the USBA title, which is governed by the IBF, and was the
IBF's No. 3-ranked heavyweight contender;
-- Cedric Kushner, who was Mathis' promoter, testified that he frequently
paid kickbacks to IBF officials to gerrymander ratings and secure fights;
-- Don King, whose unnamed employee was Baumchen's alleged payment
recipient, was termed an "unindicted co-conspirator" in the IBF trial, and
taped evidence of money exchanges between an IBF turncoat and IBF president
Bob Lee included frequent references to "Fuzzy Wuzzy" -- their code name for
King.
Despite the evidence, defendants were convicted only on lesser charges, and
the FBI's lengthy investigation into pro boxing collapsed, as probably did
any chance of going after King, believed by many to be the real target.
Mathis signed his managerial agreement with Baumchen on Oct. 20, 1992, after
he had built a 7-0 pro record. Baumchen's attorney argues that after three
years of moving Mathis through the ranks, Baumchen was dismissed in a money
grab.
"From a manager's point of view, you have to spend a lot of time and money
early in a guy's career, when you're not remunerated at all," Shimmell said.
"Then, when you get a big fight with a big name like Tyson, that's when you
get paid for all the time you put in earlier."
Mathis will argue that Baumchen breached his contract with the claim of
illicit payments. A number of other facets about Baumchen -- his use of a
false surname, previous civil judgments against him, his attempt to run for
Wyoming city council using a false address when he didn't live in that
city -- also could come up at trial.
"They're going to say that constituted a break of the morals clause of the
contract," Shimmell said. "I don't think they'll be able to do that. The
fact is, they already knew about all the other things, except for the
alleged payments. They're going to have a tough time showing what they need
to show."
Mathis' attorney, Robert VanderLaan, counters that the bribes claim
superceded all other wording in the contract.
"If there was an allegation of breach, a 30-day cure clause in the contract
gave Brian Lee 30 days to cure the breach. But once you rob a bank, you
can't un-rob it," VanderLaan said. "The admission of a felony immediately
breached the contract. There was no cure.
"With all the unsavory parts of boxing, and the good name of the Mathis
family, Buster Jr. couldn't be associated with something like that. Buster
Mathis Sr. knew Muhammad Ali, he knew Joe Frazier, he fought them, and he
was friends with them. Those were the honorable heavyweights of our time.
That was what the Mathis family was selling. So here comes this kid, with no
criminal background, the media love him, he's great with kids, he's exactly
what boxing needed. For Brian Lee to sully that good will clearly violated
the contract."
Mathis said he is on pace to earn a B.A. degree in sports management next
summer from the University of Miami.
He wants to promote or manage fighters.
"All the things I went through made me realize more than ever that I needed
to get an education, so this wouldn't happen again," Mathis said. "My father
always protected me. But I know now how to watch out for a fighter. Picking
this character called Brian Lee to manage me was a mistake I wouldn't make
again."
FastHands
> Buster Mathis Sr. and Buster Mathis Jr. wove an improbable success story.
> The father, who lost to Joe Frazier for the heavyweight title and to Ali
in
> a non-title fight, brought his obese teen-ager to a boxing gym.........
++++ Actually, Buster Sr. asked his original coach and mentor, Joe Skrycki,
( "Mr. Joe" ) to train Buster Jr.
Joe Skrycki trained Buster Sr. and many others at the Seidman Center on Hall
in Grand Rapids Michigan.
for about 10 years his boxers terrorized the golden glove amatuer ranks in
Michigan, and then regionally.
Buster Sr. made made it nationally, and Joe helped him up through the
earlier part of his Pro. Career. Skycki was a cop in G.R. and never had a
pot to pee in, but he was life long friends with Buster Sr. Skrycki kept a
lot of kids ( his boxers ) out
jail in those days...( being a cop with the keys never hurt either.)
Joe told Buster Sr. Now was the time for him to connect with his son, and
become the father he was meant to be. He was very involved in his sons
career after that. +++++++++++++++++++++++++++++++++++++++++++++++++
Buster Jr.
> weighed 295 pounds at age 14, but within four months reduced to 179. He
also
> discovered an aptitude for his father's training methods. He became a top
> amateur, turned pro in 1991, and built a 20-0 record entering the Tyson
> fight. He earned the United States Boxing Association heavyweight title
with
> a points victory over Olympic gold medalist Tyrell Biggs.
>
> On Sept. 6, 1995, with his son's biggest fight pending, long-ill Buster
> Mathis Sr. died of a heart attack. He was 51.
++++++++ Damned near killed Buster Jr. and Joe Skrycki. Joe Frazier came
to the funeral. He and buster Sr
were close friends. Ali sent his condolences. It was a day of mourning in
GR mich. ++++++++++++++++++++++++++++
>
> Nine days later, Baumchen allegedly admitted in a meeting conducted at the
> office of local attorney Jack Clary that he had paid $10,000, in two
> installments, to an unspecified employee of Don King Productions to secure
> the Tyson fight. Mathis and Kielty say they were present at the meeting,
> along with Clary, who was Mathis' attorney at the time.
>
> ( CUT)
> Mathis lost to Tyson, but was happy with his new trainer, Joey Fariello,
who
> also had trained his father.
+++++++++++++++++++ Only after Joe Skrycki could no longer do it.
+++++++++++++
Mathis planned to relocate training camps to
> New York so he could spend more time with Fariello.
>
> On Christmas Eve, eight days after Tyson-Mathis, Fariello suffered a
stroke.
> He died Dec. 27. He was 58.
( CUT)
> After his father's death, Mathis fought four times, including the Tyson
> fight, under four different trainers. While stunned by losing his father,
it
> was Fariello's death which quickly pushed Mathis away from boxing.
>
> "Before Dad passed, he said he wanted Joey Fariello or Kevin Rooney to
train
> me (if he died). Death was a topic in our family. Dad knew he was dying,
and
> he was trying to prepare everybody. But after Joey passed away, I didn't
> want to fight anymore," Mathis said.
>
> "With all the unsavory parts of boxing, and the good name of the Mathis
> family, Buster Jr. couldn't be associated with something like that. Buster
> Mathis Sr. knew Muhammad Ali, he knew Joe Frazier, he fought them, and he
> was friends with them. Those were the honorable heavyweights of our time.
> That was what the Mathis family was selling. So here comes this kid, with
no
> criminal background, the media love him, he's great with kids, he's
exactly
> what boxing needed. For Brian Lee to sully that good will clearly violated
> the contract."
++++++++++++ The entire Mathis Family IS very close and was proud of both
his fathers and sons boxing
careers. PRIDE GYM in Grand Rapids has a lot of memories and the mathis
family is a big part of it. +++++
For the record, JOE SKRYCKI, known to those of us who loved him as "Mr.
Joe" died on November 9, 1996. A great
man with an incredible sense of humor, honor and purpose. One of his last
expressions was that he hoped god would
let a dumb polock in heaven, 'cause he wanted to see Buster Sr. again.
that's love, my friends.
I hope Buster Jr. wins the case, and gets everything he wants. I can just
see his dad nodding.
SB
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++