Harvey Weinstein Victims Reach Revised $24 Million Settlement

Dozens of women who have accused Harvey Weinstein of sexual assault and harassment have agreed to a roughly $24 million settlement with the now-bankrupt Weinstein Company, bringing them closer to receiving some form of restitution for the crimes they said were perpetrated against them by the once-powerful movie mogul.

The settlement, which was filed on Tuesday and is pending a judge’s approval on July 14, comes after a nearly three-year process that has combined the New York Attorney General’s civil suit with a class-action lawsuit led by nine women and 14 individual cases against The Weinstein Company tied to the studio’s bankruptcy.

Last December, prior to the start of Weinstein’s criminal trial in New York, the global settlement had received tentative approval from its major parties. But for some, the terms of the settlement were not favorable enough, leading a few to drop out entirely and pursue their own civil lawsuits or to switch from filing individual cases to participating in the class action case.

The settlement for Weinstein’s victims is essentially divided into two pools of funding: an $18.9 million victims’ fund and a $5.4 million settlement for 14 individual victims. (None of the 14 individuals will receive any more than $500,000.)

If approved, the $18.9 million portion — stemming from the class-action lawsuit and the AG’s civil suit — would create a victims’ fund that will allow individuals who say they were harmed by Weinstein to come forward and make claims within a certain timeframe determined by a judge. The claims would then be split into two tiers, with amounts being determined by a court-appointed, neutral and trauma-informed special master: Tier One would allow an individual to receive a payment between $7,500 to $150,000 if they submit a form describing their experience, the impact, and/or the damages they say they have suffered. The claimant may also include documentation in support of their account. Tier Two would allow a victim to receive a payment between $7,500 and $750,000 if they submit a claim form, documentation in support of their account, and be interviewed about the incident and how they’ve been impacted by it.

“We didn’t want women to have to be retraumatized or participate in a way they were uncomfortable with,” Beth Fegan, one of the lead attorneys for the class action, told TheWrap. “Women can make choices about how much time they want to invest, and it may affect their compensation … (but) we really wanted women to feel comfortable no matter how much or how little they wanted to participate in the process.”

According to the New York Attorney General’s Office, as part of the agreement, any of the women who had nondisclosure agreements with The Weinstein Company related to any sexual misconduct by Harvey Weinstein are now released from those agreements.

The $24 million allocated to Weinstein’s victims is part of a nearly $47 million settlement designed to close out the now-bankrupt Weinstein Company’s financial obligations. Given that the settlement is tied to the bankruptcy of TWC, insurance companies for TWC will be making these payments, not Harvey Weinstein himself, who is serving out a 23-year prison sentence in New York after being convicted of rape and a criminal sexual act.

But for many of the women in the class action lawsuit — which was divided into a “Miramax class” for incidents that occurred before 2005 and a “Weinstein Company class” for those that happened from 2005 to the present — the creation of the victims’ fund has allowed more women to receive some justice. Actress Caitlin Dulany, a lead plaintiff in the class action lawsuit who said Weinstein sexually assaulted her in 1996, told TheWrap, “For all of these women, many of whom, myself included, have claims that are outside of the statute of limitations, we will never see our day in court. So it is a measure of relief and justice that we would otherwise not see.”

Dulany said that fighting for the victims’ fund and making sure that the Weinstein Company board was held accountable was crucial in reaching a settlement.

“We know it’s not enough and it will never be enough for the women that were harmed. I don’t know if any amount of money is really enough. But the fact that we made it happen, hopefully, says something about preventing these kinds of situations in the future,” Dulany said. “It was very, very difficult to get this done, unfortunately. So I’m proud that we did.”

Louisette Geiss, another of the lead plaintiffs in the class action lawsuit, told TheWrap, “A criminal case was not on the table for most of us, but we wanted to take a stand. Building the survivors’ fund was a roller coaster of challenges, but in the end, I’m very grateful to our amazing legal team and my fellow silence breakers for the groundbreaking settlement we filed today.”

Harvey Weinstein Scandal: A Timeline of a Hollywood Mogul’s Downfall (Photos)

  • Harvey Weinstein was once the king of the indie film world. But the Oscar-winning producer’s career and reputation have imploded since fall 2017, when scores of women stepped forward to accuse him of sexual misconduct. Here’s a breakdown of what happened.

  • OCT. 5, 2017  

    The New York Times published a story revealing that Harvey Weinstein had paid financial settlements to at least eight women who have accused him of sexual harassment or assault. Actress Ashley Judd is the only accuser to go on the record, accusing the mogul of assaulting her in his hotel room. In a statement, Weinstein apologizes, vows to take a self-imposed leave of absence from his company, and bizarrely declares war on the NRA.

    Getty Images

  • OCT. 6, 2017   

    Senators Elizabeth Warren and Cory Booker, as well as other Congressional Democrats, donate campaign contributions they received from Weinstein to charity.

    Getty Images

  • OCT. 8, 2017 

    Weinstein is fired as CEO from The Weinstein Company.

    Getty Images

  • OCT. 10, 2017   

    The New Yorker publishes its own piece, written by Ronan Farrow, in which three women, including Italian actress Asia Argento, accuse Weinstein of rape. Through a spokesperson, Weinstein denies any account of nonconsensual sex.

  • Model and actress Cara Delevingne also comes forward on Oct. 11 to accuse Weinstein of making sexually inappropriate comments and harassing her.

    Getty Images

  • OCT. 12, 2017   

    The NYPD and London’s Metro Police both launch criminal investigations of Weinstein. On social media, Rose McGowan accuses Weinstein of raping her. (He has consistently denied engaging in nonconsensual sex.)

     

  • OCT. 13, 2017   

    Director Quentin Tarantino, arguably Weinstein’s greatest discovery, says he is “heartbroken” by the scandal. A petition to expel Weinstein from AMPAS passes 100,000 signatures.

     

  • OCT. 14, 2017   

    The AMPAS Board of Governors expels Weinstein. The Weinstein Company’s development slate falls apart, losing projects with David O. Russell and more. Release of Benedict Cumberbatch’s “The Current War” is delayed.

     

  • OCT. 15, 2017  

    Actress Alyssa Milano kicks off a cultural movement by encouraging women to share their stories of sexual harassment and assault on social media. She asks them to tag the stories #MeToo.

  • OCT. 17, 2017  

    Lucasfilm President Kathleen Kennedy vows to start an industry-wide commission to create “protections against harassment and abuse.” Frequent Weinstein collaborator and filmmaker Kevin Smith vows to donate all of his Weinstein Company residuals to Women in Film.

  • OCT. 25, 2017   

    The Taylor Sheridan film “Wind River,” which had a successful release by the Weinstein Company in August, excises the Weinstein name from its home video and streaming releases. Principal financier Acadia Entertainment buys the film back from TWC and self-funds an awards campaign. (It doesn’t land any Oscar nominations.)

     

  • NOV. 6, 2017   

    The Television Academy bans Weinstein for life. The New Yorker runs a follow-up piece saying a battery of former Mossad agents and communications experts were used to silence stories of Weinstein’s impropriety for years.

     

  • NOV. 15, 2017   

    TWC is hit with a class-action lawsuit from several of Weinstein’s accusers. The company is forced to sell its live-action “Paddington 2” to Warner Bros. to help infuse the studio with cash and keep the doors open.

  • DEC. 6, 2017   

    The Academy announces its “standards of conduct,” which read, in part, “The Academy is categorically opposed to any form of abuse, harassment or discrimination on the basis of gender, sexual orientation, race, ethnicity, disability, age, religion, or nationality.”

     

  • JAN. 1, 2018  

    #TimesUp is born as four female talent agents from CAA create a legal defense fund for women in the U.S. workforce to protect them from sexual harassment. The effort is announced  and endorsed by contributors like Meryl Streep, Viola Davis, Reese Witherspoon, Gwyneth Paltrow, Jennifer Aniston, Fox Film head Stacey Snider, Fox TV honcho Dana Walden,  Ava DuVernay and Oprah Winfrey, among others.

    JANUARY 7

    To draw attention to the mistreatment of women in Hollywood, virtually all women attending the Golden Globes wear black.

    JANUARY 8

    Immediately after he wins a Golden Globe wearing a #TimesUp pin, James Franco is accused of sexual misconduct by several women. The accusations, which the actor denies, come in the middle of the Oscar nomination voting period.

    JANUARY 9

    Lady Bird writer-director Greta Gerwig joins Mira Sorvino, Chloe Sevigny and others in saying she would not work in the future with director Woody Allen, who had been accused of sexual assault by his adoptive daughter, Dylan Farrow. (He has repeatedly denied the accusation.)

  • JAN. 10, 2018   

    Page Six reports that Weinstein and Chapman reached the terms of an eight-figure divorce settlement, with Chapman securing primary custody of the couple’s two children.

  • JAN. 27, 2018   

    The Academy emails members to reveal the process by which violations of its code of conduct can be reported.

  • FEB. 6, 2018   

    “I may be a 75-year-old white male,” says Academy President John Bailey at the annual Oscar Nominees Luncheon, “but I’m as gratified as any of you that the fossilized bedrock of many of Hollywood’s worst abuses (is) being jackhammered into oblivion.” (One month later, the Academy would investigate — and then dismiss — accusations of sexual harassment against Bailey himself.)

  • FEB. 8, 2018  

    Los Angeles police send three sexual assault cases concerning Weinstein to the city’s district attorney for possible charges.

  • MARCH 19, 2018  

    The Weinstein Company filed for bankruptcy in Delaware, reporting that it had less than $500,000 in cash on hand. Dallas-based Lantern Capital Partners stepped up as a stalking horse bidder prepared to buy virtually all of the company’s assets for $310 million.

    As part of the company’s bankruptcy filing, TWC also released all of Weinstein’s accusers from any non-disclosure agreements that would’ve prevented them from speaking about Weinstein’s alleged misconduct.

  • MAY 8, 2018  

    Despite a last-minute bid from Broadway producer Howard Kagan’s Inclusion Media, a Delaware bankruptcy judge approves Lantern Capital’s purchase of The Weinstein Company’s assets.

  • MAY 25, 2018 

    Following a months-long investigation by the NYPD, Weinstein is arrested on three felony charges of rape and criminal sex act in connection with two female accusers. Weinstein pleads not guilty and released on $1 million bail pending trial.

  • MAY 30, 2018   

    Weinstein is indicted on charges of rape in the first and third degrees, as well as on charges of criminal sexual act in the first degree, as announced by the Manhattan district attorney’s office. Then on June 1, Three women filed additional charges against Weinstein in a class action lawsuit, saying that Weinstein isolated the women “in an attempt to engage in unwanted sexual conduct that took many forms: flashing, groping, fondling, harassing, battering, false imprisonment, sexual assault and attempted rape, and/or completed rape.” 

    Getty

  • Getty Images

  • JULY 2, 2018  

    A grand jury served Weinstein with three more sexual assault charges, an additional count of criminal sexual act in the first degree for forcing a woman to have sex with him in 2006, and two counts of predatory sexual assault. The latter charge carries a minimum of 10 years in prison and a maximum of a life sentence. Weinstein would plead not guilty. 

    Getty Images

  • AUG. 3, 2018   

    Weinstein made a push to have a New York judge toss out a criminal sexual assault case brought against him, saying in a filing that the Manhattan district attorney “failed to provide the Grand Jury with exculpatory evidence of the long-term, consensual, intimate relationship between Mr. Weinstein and the alleged rape victim.”

    Getty Images

  • AUG. 19, 2018  

    A report in the New York Times said Asia Argento paid a settlement of $380,000 to actor Jimmy Bennett after accusing her of sexually assaulting him when he was just 17. Argento denied the accusations. Rose McGowan distanced herself from Argento, and Weinstein issued a statement saying Argento displayed a “stunning level of hypocrisy.” “The sheer duplicity of her conduct is quite extraordinary and should demonstrate to everyone how poorly the allegations against Mr. Weinstein were actually vetted and accordingly, cause all of us to pause and allow due process to prevail, not condemnation by fundamental dishonesty,” the statement continued.

  • AUG. 30, 2018  

    Former NBC News producer Richard McHugh said that people at “the very highest levels of NBC” worked to quash Ronan Farrow’s Harvey Weinstein story that eventually published in The New Yorker. Then on Sept. 3, NBC News Chairman Andy Lack sent an internal memo saying that after eight months, Farrow’s reporting “did not have a single victim or witness willing to go on the record.” Farrow disputed the memo and said NBC’s list of sources was incomplete. 

  • SEPT. 6, 2018  

    The U.S. Attorney’s office in New York opened an investigation into Weinstein’s involvement with the private spy firm Black Cube to see if he violated any federal wire fraud laws. Weinstein had hired Black Cube to gather information on those accusing him of sexual assault.

  • AUG. 26, 2019   

    Weinstein is indicted on two new charges of predatory sexual assault. He faces seven counts, including first-degree and third-degree rape.

    The new indictment also allows for Annabella Sciorra to testify at his trial. Though Weinstein cannot be charged for raping Sciorra at her apartment in 1993, as she had said in a 2017 interview with the New Yorker, the actress’ testimony could strengthen the D.A.’s case against Weinstein.

    The criminal trial, originally scheduled to begin on Sept. 9, is also pushed back to Jan. 2020.

    Spencer Platt / Getty Images

  • SEPT. 6, 2019   

    A judge grants the consolidation of charges against Weinstein, bringing the count back down to five. The consolidation, which was voluntarily requested by the district attorney’s office, dismisses prosecutors’ earlier charges of predatory sexual assault and essentially replaces them with the two new charges of predatory sexual assault that were included in the indictment last month.

    Drew Angerer / Getty Images

  • SEPT. 10, 2019   

    Jodi Kantor and Megan Twohey, the New York Times reporters who first broke the Weinstein story, publish their book “She Said,” which chronicles their investigation into the mogul and the aftermath of their initial story.

    Dimitrios Kambouris / Getty Images

  • OCT. 15, 2019   

    Ronan Farrow publishes “Catch and Kill,” his own recounting of reporting on Weinstein and the roadblocks he faced while trying to publish his work at NBC News. The book includes damning revelations about NBC News’ leadership and a detailed accusation of rape against Matt Lauer. (Lauer has denied the accusation, and NBC News has repeatedly denied many of the details in the book.) 

    Getty Images

  • David Dee Delgado / Getty Images

  • Time’s Up denounces the tentative settlement, describing it as emblematic of a “broken system that privileges powerful abusers at the expense of survivors.”

    Getty Images

  • DEC. 11, 2019   

    After accusations of ankle bracelet tampering, Weinstein’s bail is increased to $5 million.

    David Dee Delgado / Getty Images

  • JAN. 6, 2020   

    The first day of Weinstein’s criminal trial begins in Manhattan. 

    As court was convening, a group of “silence breakers” — including Rosanna Arquette, Rose McGowan, Lou Godbold, Sarah Ann Masse, Dominique Huett, Lauren Sivan, and Paula Williams — hold a press conference outside the courtroom to call on Weinstein to be held accountable for his actions.

    Getty Images

  • Just hours after Weinstein left the courtroom after the first day of his trial, Los Angeles County District Attorney Jackie Lacey announced new charges of sexual assault against the ex-mogul: one felony count each of forcible rape, forcible oral copulation, sexual penetration by use of force, and sexual battery by restraint.

    An arraignment date has not yet been set, but a spokesperson for the DA’s office told The Wrap that they expect to wait until Weinstein’s trial in New York is complete first. 

    Weinstein’s bail is set to $5 million and, if convicted, he faces up to 28 years in prison.

    Getty Images

  • Getty Images

  • JAN. 17, 2020   

    The jury is selected for Weinstein’s criminal trial. The 12-person panel includes seven men and five women. Three alternates are also chosen to sit in on the trial proceedings, should any of the chosen jurors need to be dismissed.

    Scott Heins / Getty Images

  • Spencer Platt / Getty Images

  • JAN. 23, 2020   

    “Sopranos” actress Annabella Sciorra testifies that Weinstein barged into her Gramercy Park apartment around 1993 or early 1994, raped her, and then orally sexually assaulted her. 

    “My body shut down,” she said. “It was just so disgusting that my body started to shake in a way that was very unusual. I didn’t really even know what was happening. It was like a seizure or something.”

    Spencer Platt / Getty Images

  • JAN. 27, 2020   

    Miriam Haley (née Mimi Haleyi), a former production assistant on the Weinstein-produced TV show “Project Runway,” testifies that Weinstein pushed her down onto a bed, pulled out her tampon, and orally sexually assaulted her.

    Getty Images

  • JAN. 29, 2020   

    Dawn Dunning, a former aspiring actress now working as a costume designer, testifies as one of the prosecution’s “prior bad acts” witnesses. Dunning says Weinstein put his hand up her skirt and touched her genitals in 2004 and then, later, propositioned her for a threesome with one of his assistants in exchange for movie roles.

    Ari Perilstein / Getty Images

  • FEB. 24, 2020 

    After four days of deliberations, a New York jury convicted Weinstein of third-degree rape and a criminal sexual act, but found him not guilty of the more serious charges of predatory sexual assault.

  • MARCH 11, 2020

    Weinstein was sentenced to 23 years in prison for his crimes.

Previous Slide
Next Slide

A blow-by-blow look at how the indie mogul’s career and reputation unraveled

Harvey Weinstein was once the king of the indie film world. But the Oscar-winning producer’s career and reputation have imploded since fall 2017, when scores of women stepped forward to accuse him of sexual misconduct. Here’s a breakdown of what happened.