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Five Finger Death Punch producer responds to Prospect Park lawsuit

By Andy Malt | Published on Wednesday 11 May 2016

Record producer Kevin Churko has issued a statement on the litigation between record label Prospect Park and metal band Five Finger Death Punch, in which he is named.

“I was confused, concerned and disappointed to learn that the band has been sued by their record company, Prospect Park, LLC”, he says. “Moreover, because my name was mentioned in the lawsuit, I thought I should go on the record with some facts”.

As previously reported, the label sued the band last month accusing them of breach of contract. It claims that they are working on a new album before their record contract allows, suggesting that this is because they want to get it recorded before frontman Ivan Moody’s alcohol addiction leaves him unable to work. The lawsuit also claimed that the band had refused to submit two new songs for a greatest hits compilation.

In his statement, Churko, as the band’s produder, denies that any recording has taken place outside of contractual bounds: “Five Finger Death Punch and their management have always said that they couldn’t commence recording until 5 Jun of this year and that they couldn’t deliver the album until 5 Sep. That has always been their intention, and that’s what I agreed to do”.

Another claim Churko seems particularly irked by is the suggestion that he is somehow holding the band back, having worked with them on all but their first album.

“Prospect Park claims that if Five Finger Death Punch were to hire a different producer, they could sell well over a million records, maybe even two million”, he says. “We all aim for the highest of goals, but honestly, there hasn’t been a record in the hard rock genre that has achieved anywhere close to those sales in a two year period of time. I have worked with several of the biggest and am appreciative my bands are doing so incredibly well … [Five Finger Death Punch] have sold over four million records at a time when general album sales are diminishing”.

“I wish Prospect Park and Jeff Kwatinetz wouldn’t have dragged my name into this”, he continues. “However, I feel a moral obligation to go on the record and protect Five Finger Death Punch’s name and mine. Moreover, I am scratching my head as to why Jeff Kwatinetz would want to get involved in the creative of this band after five albums together, when every record I’ve ever recorded for 5FDP has been finished in the studio of which I’ve never seen him present”.

“I’ve never met Jeff, never had a conversation with him, not even an email. I’ve never submitted demos for approval while recording and I’ve had no direction given to me by Jeff. 5FDP knows who they are and what they’re good at. From what I can tell, they’re the one consistent, successful band in ten years with Prospect Park. I’m grateful to have done my part. It’s not about the company. It’s about the music and the artist”.

Finishing by alleging that Prospect Park has consistently failed to pay him in a timely fashion throughout his time working with Five Finger Death Punch, he concludes: “Contractually, this would be Five Finger Death Punch’s final album for Prospect Park. One can read between those lines”.