A former boyfriend of con artist Anna Sorokin was allowed Tuesday to file a defamation lawsuit against Netflix over the Shonda Rhimes miniseries “Inventing Anna.”
Netflix argued that Rhimes and the other creators of the series had “literary license” to present their interpretation of events. In rejecting this argument, Chief Justice Colm F Connolly found that at least some of the descriptions in the show could cross the line into libel.
The plaintiff, Rachel DeLoach Williams, was portrayed as having abandoned Sorokin in Morocco and eventually betraying her to the authorities. Williams claimed that 16 separate sets of statements in the series falsely portrayed her as “arrogant,” “immoral,” and “greedy.”
Sorokin posed as a German heiress named Anna Delvey. She was eventually convicted of defrauding banks and other companies of about $200,000, and spent nearly four years in custody. She is now under house arrest while fighting deportation.
Williams, a former Vanity Fair staffer, wrote an article and then a book about her experience with Sorokin, whom she accuses of defrauding her of $62,000.
In its defense, Netflix argued that Rhimes’ rendition of the high-profile case was protected under the First Amendment.
“Indeed, to allow constitutionally protected artistic expression to flourish, content creators like Netflix must
“It should be given some breathing time to explain the actions and decisions of those involved in a public controversy such as the Sorokin trial,” said the company’s lawyers, led by Thomas E. Hanson Jr.
Hanson argued that Williams’ description was merely an opinion — and therefore protected from libel suits. Hanson also argued that the depiction was not false, and in fact was supported by Williams’ own account. By filing the lawsuit, Hanson claimed Williams was simply trying to “stifle expression she didn’t like” in favor of her preferred version of events.
Williams argued that the show was too sympathetic to Sorokin, and distorted reality by transforming Sorokin’s character from a villain into an anti-hero, whom the audience is asked to support on some level.
“Despite being a con artist, the series presents as admirable Sorokin’s brazen willingness to lie, cheat, and steal her way past supposedly unfair obstacles rooted in bureaucracy, ageism, and sexism,” her lawsuit said. “.
In the process, the suit alleges, Williams’ character transformed from victim to foil. According to the complaint, the series portrays Williams as a freelance exploiter and fake friend, who would only hang out with Sorokin because she would foot the bill.
In his ruling, Connolly did not see all 16 sets of allegedly defamatory statements. But he analyzed two of them, related to the supposed emigration in Morocco. On the show, Sorokin is seen drinking and feeling depressed, begging Williams not to leave.
Williams asserted that Sorokin knew all along that she would leave the flight early, and that the idea that Sorokin was distraught was merely an invention. The judge found that the difference was a matter of fact and not opinion.
“As Williams alleges, the data indicate that Williams abandoned Sorokin when Sorokin was lonely, depressed, and having problems in Morocco,” the judge wrote. “Whether Sorokin was in a disturbed state and Williams left her at that point can be proven right or wrong.”
The plaintiff’s attorney has already issued a series of subpoenas in the case, including ones on Sorokin and Katie Lowes, the actress who plays Williams.