The documents show that two women who reached settlements, Andrea Mackris and Rebecca Gomez Diamond, were required to turn over all evidence, including audio recordings and diaries, to Mr. O’Reilly. In addition, Ms. Mackris was required to disclaim the materials “as counterfeit and forgeries” if they ever became public.
The settlement with Ms. Mackris confirms a New York Times investigation that found a private investigator had been used to dig up information about her, with the agreement calling for the destruction of materials collected about her by Fox News’ private investigators, including Bo Dietl. The document also shows how her lawyers agreed to switch sides in the midst of the fight.
Strict confidentiality was the goal of the settlements. If the women were found to breach the agreements, they would be forced to return all the money they had received, forfeit any future payments and pay Mr. O’Reilly’s legal fees.
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