Agassi Foundation sues couple over auction nonpayment

Erica D. Johnson

Friday, Dec. 27, 2002 | 11:38 a.m.

Andre Agassi's Charitable Foundation is suing a couple for allegedly cheating the charity out of tens of thousands of dollars.

On Sept. 29, Jack and Fang Hu attended the foundation's "Grand Slam for Children" live auction and concert at the MGM Grand and placed the high bid, $45,000, on one of the items, concert tickets and a travel package, but never paid, according to the lawsuit.

Had foundation officials known that the Hus were not going to pay for the tickets, they would have re-auctioned the item, according to the complaint.

The foundation is seeking $45,000 for the couple's "wanton and willful" conduct as well as possible punitive damages, which could "deter similar conduct in the future," according the complaint. The complaint does not specify what amount of punitive damages would be appropriate.

An official with the foundation declined to comment on the case this morning.

Proceeds from the auction go to local charities such as Child Haven and the Andre Agassi Boys & Girls Club in West Las Vegas, said David Chesnoff, the foundation's attorney.

"That's what makes this so bad," he said. "The work the foundation does is important. We're going to do everything we can to recoup the money so that it can be spent on the kids."

"This is the only time someone has bid on an item and not paid since the foundation was created in 1994."

The Hus had signed a written agreement listing the amount they agreed to pay for the item -- two VIP seats at an Elton John and Billy Joel concert, two first-class airline tickets to the city where the show was to be, first-class accommodations for one night, and two backstage passes to meet John, according to the court documents.

Several bidders vied for the item, but the Hus had bid the most, Chesnoff said.

After the auction the Hus, who are believed to be from California, went to their hotel room, ostensibly to retrieve their money to pay for the concert package, but they never returned, the complaint alleges.

Though the Hus were seated at a table directly in front of the stage, at which tickets sold for $30,000 to $50,000 per table, they were believed to be guests of another person, according to the complaint.

As of Thursday afternoon, the foundation's representatives had been unable to serve the Hus with notification of the lawsuit and the Sun was unable to locate the Hus or their lawyer to seek comment.

The benefit concert and auction is held each September or October. It has raised more than $23 million for Las Vegas children's charities, according to the foundation's website.

Other items up for bid during the auction included tennis lessons with Agassi, dinner with Robin Williams and an all-expenses paid trip to Fiji.