EXCLUSIVE AUDIO: Caught On Tape - The Proof That Jon Gosselin Breached His TLC Contract

Nov. 23 2009, Published 5:42 a.m. ET

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Jon Gosselin's manager is caught on tape discussing multiple money deals for him - deals that breached the reality TV dad's exclusive contract with TLC. has exclusively obtained the audio tape and the contents are sure to be used against him in TLC's breach of contract lawsuit.

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The tape is a phone call between Jon's manager Michael Heller and Jon's former pal, Michael Lohan. The two men discuss brokering various money deals for Gosselin, and it's clear from the conversation that Jon is fully aware of these outside deals.

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"At the end of the day, no matter what's going through your head, are you happy with my dad?'" Michael Heller recalls asking Jon about his attorney Mark Heller. "And he Jon said, 'I'm thrilled with your dad.'

"I said, 'are you happy with the things that we've put together so far?' He said, 'I'm happy.' I said, 'do you know how that all went out?' And he said, 'yes.' I said 'that's from Mike Lohan.'"

The "things that we've put together" are money-making deals for Jon, it's clear in the context of the conversation. The deals are clearly outside the scope of what his TLC contract permits.

On the tape Mike Heller tells Lohan about a deal with E! he's close to cementing for Jon. (E! later cancelled the interview; sources told they pulled the plug on the deal out of concern that Jon would be breaching his contract with TLC).

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"I just closed... I'm about to... baby -- I'm about to close a deal for $75,000 at E!," Heller tells Lohan. "And at 75,000, if I take a percentage of that and give you 20% of that, I'm gonna be writing you a check, baby, this week -- for a couple thousand dollars on just that alone."

Heller and Lohan discuss the commissions they plan on receiving off the deals that Jon lands-including one they did with In Touch.

"It's becoming more than just brokering now," Heller says. "I agreed... this was... Every time you do a deal I would give you 20% of my percentage, remember? But now you're bringing deals to the table and if you took 20% of my 100% commission -- that's not fair, if you're bringing a deal to the table."

Heller continues, "So that's why with the In Touch deal, whatever money I make on it, and I think it came out to $5,000, instead of giving you 20% of $5,000... that's like $1,000... it's fair to give you 50%. Because it's a deal that you brought... you brought it to me and you managed it and that's something you should get paid 50% for."

TLC is seeking a preliminary injunction against the Jon & Kate Plus 8 star, preventing him from making exactly the kind of deals that are talked about on this exclusive audio obtained by

The network's law firm, Williams & Connolly, will depose Lohan and Heller (and others) and is certain to pin down every money-making deal Jon considered.



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