“Explosive Allegations” In Fox Sexual Harassment Lawsuit Include Electronic Surveillance And Violations Of SEC Law

In what were described by National Public Radio’s David Folkenflik as “explosive allegations,” former host Andrea Tantaros claimed Fox News conducted “electronic surveillance” and potentially “violated securities laws by not reporting [lawsuit] settlements to the Securities and Exchange Commission.”

The allegations of surveillance and securities fraud originate from a sexual harassment lawsuit filed in 2016 by Tantaros naming Fox News, Ailes, and on-air personalities Scott Brown and Bill O’Reilly, “alleging retaliation by Ailes after she tried to complain about harassment.” Tantaros has spoken out about the “pervasive … culture of misogyny and sexism” at Fox News, and claimed that she was sexually harassed by Ailes “numerous times.” Moreover, the allegations of “electronic surveillance” come on the heels of Fox News’ parent company News Corp’s 2011 phone hacking scandal, and reports that Fox News even “hired a private investigator in late 2010 to obtain the personal home- and cell-phone records of” Media Matters’ own Joe Strupp.

Now, according to The Washington Post, Tantaros’ lawyer is accusing Fox of electronic surveillance and sought “to amend the suit by adding racketeering and electronic surveillance charges,” although, “The judge told Burstein that he could not so amend the complaint.” Fox News dismissed the latest claims as “histrionics.” From the February 15 article:

A lawyer for former Fox News host Andrea Tantaros told a New York State Supreme Court judge that he had received a subpoena from federal prosecutors in relation to the sexual harassment scandal that forced the ouster of longtime Fox News chief Roger Ailes last July. “Once I saw it, I knew what was happening,” attorney Judd Burstein said in the proceedings, according to the Hollywood Reporter. “They were investigating whether Fox News violated securities laws by not reporting settlements to the Securities and Exchange Commission.” The subpoena did not concern Tantaros, but rather another client Burstein is representing.

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The occasion for Burstein’s statements was a hearing for Tantaros’s lawsuit filed last August against Fox News, Ailes and top network executives. In that civil action, Tantaros claimed that Ailes made offensive comments about her and otherwise mistreated her, all with the complicity of his lieutenants. Though he was not named as a defendant, top host Bill O’Reilly comes under fire in the filing for pursuing a romantic relationship with Tantaros, who had worked on the daytime programs “The Five” and “Outnumbered.”

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In the hearing, Burstein expressed his wish to amend the Tantaros suit by adding racketeering and electronic surveillance charges — a reference to the intelligence unit once operated by Ailes to spy on Fox News talent and critics. The judge told Burstein that he could not so amend the complaint.

As far as the network’s settlements go, there may be some material for inspection. Just last month, news broke that Fox News months ago had reached a pricey, hush-hush settlement with former on-air personality Juliet Huddy over sexual harassment claims against O’Reilly. At that time, veteran New York Magazine reporter Gabriel Sherman noted that the network had inked settlements with at least four women since the departure of Ailes.