An Open Letter from The Imperials

We have come to a difficult point in our ministry. We are literally fighting for the survival of The Imperials. There are people who are trying to destroy our name, our reputations and our group. We feel it is time to let the truth be known. We do this very humbly and with great trepidation. It is not our intent to disparage anyone's name or reputation. However we feel very strongly that the truth has got to come out. Because of the recent articles and attempts to make our private matters public, we feel that we must share what we believe to be the whole truth on this issue. While we would not accuse a news organization of intentional inaccuracies, there have been many inaccurate statements and complete untruths. Much of what is being said is also woefully incomplete leaving a lot to be implied by the reader. We will do our best to correct those inaccuracies and tell “the whole truth and nothing but the truth” in the following pages and documents.

We are posting here on our website a lawsuit between MOSH Group Inc. and Armond and Bonnie Morales. MOSH Group, Inc. is our for profit company that owns the name “The Imperials”, as well as, handles our merchandise. We also direct a non-profit company, Imperials Ministries, Inc. We feel we should tell you a little about ourselves. Jason, Shannon, Ian, and Jeremie are all either licensed or ordained ministers, and we take the ministry very seriously. Jason and Jeremie have been singing with The Imperials for almost 9 years, Shannon has been with us for more than 5 years and Ian has been here for more than 4 years. Jason, Jeremie, and Shannon all sang with Armond before he retired. Jason actually started working for the Imperials in 1991 as a sound man and has worked for them ever since except for one year when he moved to Tulsa, OK to work for an evangelist. Armond hired all of us and sold the group to us in March of 2005. We have owned and run the group since then and feel a very strong call to carry on this great legacy. We have a very large vision for this group and have been seeking God at every turn to help and guide us to this goal.

Our official legal complaint sets forth quite a bit of the recent history that shares how Armond came to transfer The Imperials to us. As it shows, we didn't pressure Armond to leave a group that he owned. He and his wife spoke first in a business meeting in September 2003 and said that God had told him to leave the group and that he wanted us to carry it on. We never told him that we thought we could do things better and didn't need an old guy nor did we feel that way. He was going to come along with us as often as he wanted and “be the legend”, singing when he wanted to and introducing us as the one's who were carrying on The Imperials' legacy. We did approach him in April 2004 about becoming partners with him in the ownership of The Imperials because we were investing all of our energies on trying to bring back to life a group that had almost died. (In January 2003 Armond called us all together and said he was fearful he would have to shut down the group because there were only 6 dates scheduled for the year and he saw no way to pay salaries. Many have intimated that we are greedy and that there is a lot of money to be gained here. There was and is no money – if there ever was it was gone well before we got here. We have sacrificed a lot to try to fulfill our calling and have many times gone without paychecks or only received partial paychecks.) We agreed to meet in Bakersfield, CA in May 2004 and at the meeting Armond, again, was the first to speak. At that meeting he announced to us that, “the Lord told me to turn the entire group over to you guys”. “I'm done with The Imperials and I'm moving on to the other things God has for me.” He said he would resign from the board and sign whatever paperwork was necessary. He also laid hands on us and prayed for us and in his words, “passed his mantle” on to us. At a meeting in their home in Hawaii, in September 2004, both Mr. and Mrs. Morales resigned from the board of Imperials Ministries and said they would sign whatever paperwork was necessary to complete the transition (she was also a part owner). Again, they prayed for us and blessed us and affirmed that “the mantle” had officially been passed.

At that same meeting in Hawaii, we mentioned that we felt Armond's use of “The Classic Imperials” was confusing to people and we gave some examples of recent confusion. He told us that he would never come back to the continental United States (or “the mainland” as he called it) and use that name. He only wanted to use it in Hawaii and for some mission endeavors in the Far East. We agreed that would be alright.

In February 2005 we sent the Assignment of Trademark to Hawaii for the Morales' to sign and almost two months later it was returned signed and notarized. It indicated that they were transferring to us all of their “right, title and interest” in and to The Imperials. We knew that they didn't have the name registered but that they were transferring all of their “common law” rights over to us. We weren't with them during that time (we were 4,000 miles away in Nashville) nor did we even so much as call them to ask them when they would sign it (so we couldn't have put them under “duress” as their counter-claim suggests). Later in 2005, Jason's mother called him to say that Joe Moscheo, Terry Blackwood and Sherman Andrus had formed a group and were referring to themselves as “The Imperials”. She said that we needed to do something about it since we were now The Imperials and what they were doing amounted to stealing from us. (In the late 1990s Armond had sent several “cease & desist” letters to former Imperials demanding that they stop infringing on the name that he rightfully owned.) We called them directly and they refused to make any concession but referred us to their attorney if we didn't like it. (Terry Blackwood did ask that we not take legal action but rather just let them do whatever they wanted.) At that point we began to seek legal advice to see if we would be able to protect The Imperials name from infringement.

In January 2006, Armond Morales moved back to Nashville and he, along with his partners, began to do exactly what he had told us he wouldn't do. He began to use the name, “The Classic Imperials” on “the mainland” and began to call the same churches that we ministered in and we began to get many questions and complaints about the confusion. There were even some people writing articles and asking questions in public forums about the confusion. Jason Morales began to immediately talk to his dad about the problems with confusion and with him going back on his word to us. He told Armond that we had no problem with them having a group or ministry but we were very troubled about the way they were going about it. To show that he was trying to negotiate an agreement in good faith, Jason even took his dad to Song Garden Music Group and asked if they would consider giving him a record deal (something we didn't even have).

We asked Mr. Morales to meet with us and he, his wife and Jim Murray and his wife met with us. In that meeting we explained the problem as we saw it and we also reminded Mr. Morales that he was going back on his word to us. He said that his “circumstances had changed” so he felt he had no choice. We said that changing circumstances didn't justify changing one's word. We asked him about God telling him to turn the group over to us and that he (Armond) was done with The Imperials. He said that he would do what he wanted and needed to do and we would just have to get used to it. While we were obviously unhappy about this, we didn't want to make a bad situation worse so we agreed to try to work to minimize the confusion. (They did say that they only planned to work in the same arena as us for a few months and then they would be doing other things that would not compete with us at all.) We then did an interview with www.sogospelnews.com called “The Imperials meet The Classic Imperials” in an attempt to try to explain things in a public forum and limit the confusion.

Over the summer of 2006 we continued to run into significant confusion as to who “The Imperials” really were. Even though they referred to themselves as “The Classic Imperials”, we ran into repeated instances on the Internet, on the radio and in newspapers where they were referred to simply as “The Imperials” and we regularly fielded phone calls and emails from concerned and/or confused fans and even churches we were scheduled at. During this time, our attorneys indicated to us that it would be helpful in our quest to protect The Imperials name if we were on the federal registry. We began that process by writing a letter to and making several phone calls to Mr. Clarence Collins of “Little Anthony and The Imperials”. He had the name registered and we wanted to see if we might formalize whatever relationship had given the two groups the ability to co-exist over the past 40 years. We never heard back from him leading us to believe that he was ignoring us. As further research was done, we found that Mr. Collins claim to the name was suspect and since he wouldn't return our inquiries we were left with no choice but to move for cancellation of his mark. He did respond to that and we began to work toward a settlement that would have indeed allowed us to co-exist with him on the federal registry. As we said in our letters to him, we meant him no harm and we simply wanted to co-exist. To the best of our knowledge, in January 2007, we were literally days (if not hours) away from coming to some type of agreement allowing for the coexistence of both groups on the federal registry.

During all of this time, Jason was making attempts to negotiate with his father about a way to resolve our concerns with his actions. Armond insisted that even though he had told us he wouldn't do it and even though he had signed over his rights to us, he must continue to use some form of The Imperials name. (We felt this was like someone selling a business and then later coming back and opening another business across the street with a similar name and calling former clients. At the very least it is confusing and possibly very damaging to the other business.) We had several record labels (including one major label) tell us that if Armond's group and Joe, Terry and Sherman's group weren't, in effect, “franchising The Imperials name” that they would be very interested in signing us to a recording contract. They said to “get the name situation fixed and then come back and talk to us”. Jason continued to offer a variety of solutions including some type of Imperials umbrella organization or bringing in some pastors to help us work through the situation in a godly way. Armond refused every suggestion!

Then in February 2007, Mr. Collins attorneys contacted us and said that Armond had contacted Mr. Collins and said that his (Armond's) Assignment of Trademark agreement with us was invalid and unenforceable. He asked Mr. Collins not to settle with us but to allow him to continue use of the name. He said that he had no right to transfer The Imperials to us. Because of this apparent attempt to cut our legs out from under us, Mr. Collins refused to continue negotiations with us and his attorneys accused us of fraudulent actions in claiming to be “The Imperials” (even though the group had been sold to us by the owner and founder). They made a motion to dismiss our claims that were based largely on the trademark assignment that Armond had signed (but now was trying to invalidate). We had to do something to get the trademark assignment back in good standing.

Our attorney attempted to get in touch with Mr. Morales to say that he had breached his contract with us because in it he had represented and warranted to us that he had the right to transfer all of his common law “right, title and interest” in and to The Imperials. Mr. Morales was, in effect, attempting to take away our right to exist as The Imperials even though he had conferred that right to us himself. At first Mr. Morales agreed to talk but then refused. He then retained an attorney and sent us a couple of letters demanding that we “cease and desist” use of The Imperials name. In doing this he was attempting to exercise the rights that he told Mr. Collins that he didn't have! Of course, he was also once again going back on his word to us that God had told him to turn the whole group over to us and that he wouldn't use the name anymore.

Jason continued to try to talk with his parents about ways to resolve the situation but they continued to refuse to make any changes. Our attorney continued to try to get a resolution short of litigation. All this time we were facing a deadline on Mr. Collins' motion to dismiss our case (and we felt if he won, thereby validating the assertion that we had used The Imperials name fraudulently, it might open us up to a fraud lawsuit even though we obviously weren't guilty of that) so we were being pressed into making a decision that we had been trying to avoid for 18 months. In May 2007, Jason called his dad and asked if Armond and Bonnie would meet with Jason and Shannon Smith to discuss a solution before we were forced to pursue litigation. Armond refused again to even meet with us. We asked our attorney what needed to be done and he said that we had to get the Trademark Assignment validated by a judge. We asked how that would be accomplished and he said the only way to get it in front of a judge was to file a lawsuit. From our perspective here were our choices:

1. shut the group down and walk away even though we felt God had given us a vision for it;
2. do nothing and face a potential fraud lawsuit and also watch as former Imperials made it difficult for us and confusing for Imperials fans;
3. file the lawsuit so that a judge could validate the Trademark Assignment and thereby protect what God had entrusted to us.

It should be noted that during all of this time we were seeking much prayer and counsel from our pastors, board members and a select group of pastors around the country to whom we are accountable and in whose churches we have ministered. They all strongly agreed that we had no choice but to do everything we had done up to this point. We prayed and asked the Lord if we could simply change our name so as not to have to go through all of this. We have regularly “begged” the Lord for permission to change our name and we have never felt clear to do so. We have been asked many times... “Why don't you guys just change your name and let them have it?” There is no easy answer to that. When Armond told us he was going to sell us the Imperials he prayed over us and laid hands on us all and then passed the mantle to us. All we can say is that we all feel a very strong call from God to this group and have asked Him many times to release us from it. Every time the answer is the same. “This is what I have called you to do.” We have wrestled with this question many times but in the end it comes down to God called us to be The Imperials and to steward the legacy and we have to follow His leading.

Jason Morales (and all of us) were concerned about him being in a position where he would have to be in litigation with his father. He said he would leave the group before he would do that even though he felt that his father was totally wrong. We asked for some advice and several people suggested that rather than having him leave the group, could he simply “recuse himself” from the situation. We investigated this possibility and were told by more than one attorney that it is a very common thing in these types of situations. Let us be clear - BEFORE any litigation was pursued, Jason Morales recused himself from any involvement. He has had no involvement in this situation since then except when Mr. and Mrs. Morales filed a lawsuit against him. In doing so, they brought him into this litigation process.

Another thing that must be mentioned here: As believers, ministers and lovers of the Word of God, we could not move forward with a litigation proceeding (no matter how necessary it might seem) without seeing what the Word had to say about this situation. The obvious passage that we did a lot of study on was 1 Corinthians 6:1-8. We will readily admit that not all believers interpret this passage the same way and upon first reading we wondered if there was any place for our “secular” court system in this process. As we dug a little deeper and sought counsel from pastors and other students of the Word, it became our understanding that Paul was talking about suing people over “trivial” matters (such as suing someone for not returning a borrowed item) and not matters that effected one's livelihood. This is the way we provide for our families and in effect, others were attempting to steal our way of making a living. Also, Paul was talking to a local church where presumably everyone had the same pastor or team of pastor's to whose leadership they were submitted. In our situation, we had offered to try to settle this by taking it to a pastor or pastors, but we had been rebuffed. The fact is, we would have to find someone that all parties would voluntarily submit to and we couldn't even get Mr. Morales to agree to the idea let alone the specific pastor. Finally, because Mr. Morales had injected himself into our affairs with Mr. Collins and called the Trademark Assignment's validity into question, we had to get the Trademark Assignment “re-validated” and the only way to do that was to get it in front of a judge. The only way to get it in front of a judge was to file a lawsuit. From our perspective, our lawsuit is not vindictive in nature and we are not “out to get someone”. This was our only way to defend and protect what was entrusted to us. Our right to exist was called into question by the man who was supposed to be our biggest “cheerleader” and we felt that as good stewards of what had been entrusted to us, we had to move forward with litigation. This is not an attempt to take something that doesn't belong to us – this is simply an attempt to uphold an agreement that was cordially and mutually entered into by the former owner of The Imperials and the current owners of The Imperials.

Shortly after the complaint was filed, one of Armond's current partners, Mr. Rick Evans, asked for a meeting with us to discuss the complaint. At that meeting he said that after reading the complaint in it's entirety, he turned to Armond and Bonnie Morales and asked, “Is this true?” “Is what the guys allege in this document true?” He said that they immediately answered back, “Every word of it is true!” He then asked them if it was true, how could they fight against us and still keep their integrity and they said they didn't know what else to do. Rick told us that Armond was ready to make full restitution if he could keep on with his current behavior of doing what he promised us he would not do. We said that didn't sound like a restitution but rather a simple “I'm sorry but can I keep doing what I said I wouldn't do and you be OK with it?” Rick told us that if Armond didn't make things right with us, he could no longer sing with Armond because it would call his integrity into question to associate with him. In a later meeting with Mr. Robbie Hiner, (a singer with Armond's group and an executive at his record label) he also said that he realized Armond had “lied to you guys” and that if he didn't make it right he would not be able to keep singing with him because it would call his integrity into question.

One other item that must be addressed: What about all of the awards and recognition that The Imperials won over the years? To whom does it belong? We would never say (and have never said) that we, the current group of Imperials, won those awards. We would say that The Imperials is an award winning group and a GMA Hall of Fame Inductee. We are the current configuration of that group. When and if we are privileged to win any awards we will pass them on to the next generation (and in fact, before he left for Hawaii, Armond gave each of us at least one of the awards to put in our office and/or home). We do not now, nor have we ever asked any former members to refrain from mentioning their successes and awards won with the group. We are proud of and honored by their accomplishments with The Imperials! We do believe that the group won those awards and not simply the individuals in the group. No one questioned us about those awards when Armond sang with 3 of the current members because they recognized that we were The Imperials and in spite of member changes, The Imperials retain the awards that the group has won. As if they recognized the potential for this type of question to come up, when Armond and/or Bonnie Morales wrote the first bio for the group after he retired, they wrote the following in the body of the bio: “Although the members have changed throughout the years, the quality, sound and popularity of THE IMPERIALS has been embraced by millions. They have become a household name in the Christian community. Their credits have been many. They have been awarded 4 Grammy Awards from NARAS and 17 Dove Awards from GMA. They've been “Group Of The Year” 8 times, and continue to have songs played on the radio throughout the country.” It seems clear from what THEY wrote that THEY not only intended for us to be The Imperials but that they felt it was perfectly appropriate for us to claim the credits and awards that The Imperials had won. You are welcome to read that entire bio that Armond and/or Bonnie Morales wrote in the fall of 2003.

This situation has been tremendously difficult for all of us. We wish no ill will toward Armond or his group and pray that God will bless them. We are not against them having a group, making recordings or traveling; in fact, we encourage both their music and ministry. We simply want them to live up to their word and to stop confusing people about who The Imperials of today are. We ask that you would pray for all those involved. Pray that we all would hear from God and that this would end quickly and peacefully. We want nothing more than that truth would prevail and that God's blessing would be on us all.

Feel free to contact us - we would be happy to answer any question we can.

In His Service,

The Imperials
February 28, 2008