Real Life Pain & Gain Victim Sues Michael Bay and Mark Wahlberg

Categories: Crime

In last summer's Michael Bay movie Pain & Gain, bodybuilders portrayed by Mark Wahlberg and Dwayne Johnson conspire to kidnap and extort a random rich prick named Victor Kershaw (played by Tony Shalhoub). In real life and the Miami New Times series that inspired the movie, bodybuilders Daniel Lugo and Paul Delgado kidnapped Marc Schiller, a family man and businessman who had given Delgado numerous business and employment opportunities over the years.

Well, Schiller doesn't like that the film made light of his torturous kidnapping and attempted murder and portrayed the character based on him as a jerk. So now he's suing Paramount Pictures, Viacom, Bay, and Wahlberg.

See also: Pain & Gain: From New Times Story to Michael Bay Film

"They chose to portray me as a bad person and my assailants as nice guys who were just bumbling fools,'' Schiller, 56, who now lives in Brooklyn, told the New York Post.

"The movie made a mockery of me and of the pain and suffering that I had endured... The horrible person on the screen had no resemblance to who I was -- or who I am now."

Schiller's suit claims he was shown as "a deplorable, unlikable, sleazy, rude, abrasive, womanizing braggart."

Shortly after giving an extraordinary testimony at Lugo and Delgado's trial, Schiller himself was arrested and charged with falsely billing Medicare. He was sentenced to the minimum three years in prison, though the 1999 charges came long after his 1994 kidnapping.

His attorney points out that the brief notice that some names and events had been changed in the film didn't run until the closing credits, and claims that hardly anyone would actually read it. The suit further claims the movie was heavily marketed as based on true events.

The suit seeks unspecified damages, but Schiller's attorney is hoping to get somewhere in the neighborhood of $10 million. The film made more than $94 million at the box office. Wahlberg is named in the suit because he used the film as an opportunity to market his own brand of nutrition supplements.

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Steven Escolar
Steven Escolar

let me see...the guy who is mad because he was portrayed as being this money obsessed douche is suing for money


Yeah, Paramount pictures, don't you know the convicted medicare fraud is actually a nice guy who doesn't want his little feelings hurt?!?


Why don't you read his real life story about those who tried to kill him & how he was tortured & left for dead before you judge him.  He is not a "money obsessed douche" as you describe him.  This man had everything taken from him by a gang of crooks & killers.


@Whodaaaaat  Why don't you read the trial documents & statements from those who know more about this case than you before you pass judgment! The only reason Schiller was convicted was because of the testimony of Jorge Delgado.  How ironic that Schiller hired Jorge Delgado to assist with the business & Schiller sold the Medicare related portion of his business to Delgado, long before the Feds even thought of investigating the vitamin company.  Yes, Delgado also owned Schlotzsky's, but it was the vitamin business that was doing the Medicare billing - run by Delgado.  Since Delgado has an extensive criminal record, including murdering 2 more people after attempting to murder Schiller, don't you find it ironic that Delgado would all of a sudden want to "help" the judicial system? Court records show that Delgado thought he was cutting a deal in order to get his death penalty overturned & then he could have concurrent sentences. There is no doubt in my mind that Delgado set Schiller up. Guess he figured he hadn't stolen enough from Schiller & since they didn't finish the job of killing Schiller, he would take Schiller down with the rest of the guys who were involved in the crimes.


@youasked @Whodaaaaat Did you know that the day Delgado was arrested. His wife called Schiller's attorney and told him unless Schiller helped him, he would do something to hurt and get him. He said he would make sure Schiller suffered for not helping him. 


@youasked @Whodaaaaat Correction Delgado did not own Schotlzky's with Schiller and he was pissed about being left out. Also it was Delgado who was adament about killing Schiller since Lugo blurted out his name various times in the warehouse. Look at the court documents Lugo and Delgado had more that 10 million dollars, where did that come from?

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