ANIMAL FARM REVISITED
When I was in high school, one of the books that left its profoundly affected me was Animal Farm by George Orwell. This was an expose of communism and how proclaimed “equality” led to slavery. It’s a story where the animals took over the farm seeking justice and equal rights for all animals, but in the end, the pigs outsmarted the rest of the animals and treated them worse than their human masters.
At this stage of my life, I can finally identify with one of the main characters of the book named Snowball. Snowball was one of the revolutionaries who believed in justice for the animals. He helped teach the other animals how to read and stand up for themselves. But this didn’t work for the greedy pig Napoleon. He wanted to live with special privileges at the expense of the other animals who were doing all the work. He knew that Snowball, the voice of sanity and reason, would circumvent his efforts to lead the animals back into slavery.
Napoleon started spreading lies about Snowball blaming him for everything that went wrong on the farm. When the other animals would question this, they were put down and isolated from the group until they agreed to believe the lies. Eventually, a pack of wild dogs attacked Snowball and drove him away once and for all. From that day forth, when anything broke on the farm or the benefits weren’t trickling down to the animals, it was blamed on Snowball. He was still creating havoc to ruin everything—or so the animals were told.
Brien Jones is a fraud. He has deceived so many people that I’ve even lost count. And when he fails, rather than accept responsibility, whose fault is it? Bonnie Kaye’s. Yep, it is all my fault. I have become his modern day Snowball.
Here’s an example of what Jones wrote to several complaining authors:
"The last time I sent out bookstore contacts, the author gave the list to Bonnie Kaye and she proceeded to call each and every one of them. Many of our books were returned. Now that list is proprietary. We should have kept it confidential from the start."
That’s pretty funny. No author has ever given me a bookstore contact. The ONLY bookstore I ever called was the one that Jones has pictured on his site. It is called Books N’ More an Indianapolis bookstore. It is there for anyone to view, so I called the store to see if the books were still being displayed. The owner told me they were taken down last July. It had nothing to do with Bonnie Kaye, but rather that the books weren’t selling and it was a temporary display.
One thing that should have kept confidential was the list of authors that Brien Jones provided me with to start the Airleaf Victims campaign. On his recent blog, he states:
"Everyone exalts Bonnie Kaye for putting together 600 Airleaf clients and closing the place down. In the teeny tiny world of untalented writers turned watchdogs and their blogs she reigns supreme. (Hey Lee, I knew you were a guy! It was an insult dumbass.) I wouldn’t include any further insults that could be used against you."
"However, there is another side to the Airleaf story, one never told. At the end of 2006 and the end of my time in Martinsville there were 3000 clients. I have no idea how many authors bought services from Airleaf in 2007 and 2008, I wasn’t there. So we’ll be conservative and add ZERO new clients after I left."
"Subtract out Bonnie’s 600 victims (and I believe they were victims) and that leaves 2400 Airleaf authors.Out of those estimated 2400 Airleaf non-victim authors, how many paid just for publishing? How many received their books and didn’t sign up for anything else?"
The truth is that Brien Jones provided me with the original list of approximately 500authors and their email addresses claiming these were “angry authors” who felt they were screwed by Airleaf. That’s how I started contacting authors in the beginning—with Brien’s list. I’ll be able to produce that for court when he someday takes me there as he keeps promising. Now it may be true that Airleaf had 3,000 clients—but I didn’t have access to the rest of that list like Brien had when he stole the data base from Airleaf to open his new company. And yes, I can prove that too because now I have the list. It’s with another list of his Jones Harvest clients with little notes he writes about each person next to their name so he doesn’t forget the stories he’s making up along the way along with some derogatory notes about some of his authors. That list was given to me courtesy of several of his ex-employees who felt that by giving it to me, it would be in good hands. I’ll be showing those in court as evidence as well. And also one more lie that Brien keeps stating over and over—Airleaf closed on December 21, 2007, not 2008. Brien had been out of there just about a year.
The funniest thing is that in the beginning of my Airleaf Victims campaign when I sent my letters to authors about being cheated by Airleaf, at least 80% of them were complaining about Brien Jones and not about Airleaf. He was the salesman who made promises to take their book to fame and fortune as he happily took their money but somehow ignored them after he drained them. In those days, I defended him to the hilt because I didn’t know any better. I believed his lies that he was a victim of Airleaf just like me. But getting back to the point, I didn’t have the list of 3,000 so there was no way for me to contact the other potential victims until recently. At this time, it would serve no purpose to contact authors because Airleaf is closed.
One last thought--even if his assumption was correct that there were 2,400 happy authors, does that negate the hardship, pain, and loss of money of the 600 who were scammed? Jones's logic would think so because that's how he conducts his business. It doesn't matter if over 80 people are accusing him of taking their money--he'll have a few dozen state they love him and that makes it okay.
And now for the update on the “Sue Bonnie Kaye” case. Brien is sending this letter to authors:
"Jones Harvest Publishing along with 230 (so far) plus SIX OTHER COMPANIES is finally filing suit against Bonnie Kaye. I already paid the Miller Law Group in West Lawn PA for the whole thing, so I don't need any money from you or anyone.
I have decided to include clients like you in the suit at no charge. Please believe me when I tell you her attacks on my company have hurt you and your books. You deserve compensation too."
"You don't have to do anything, or say anything, or pay anything, or go anywhere. You'll just get a share of whatever we get back.If you want a share of the settlement, all you have to do is say "Yes" and I'll add you to the list.
I would love it if you stood with us."
This is quite interesting because Brien doesn’t have 230 authors. According to his Amazon reports, he has approximately 150 authors who have published with him. And the funny thing is I have over 80 reports from authors who have been scammed by him who came to me for help, so somehow, these numbers just don’t add up.
But let’s say that Brien could find 5000 people to join a law suit against me. What is it he is suing me for? Telling the truth? Revealing that he has been deceiving authors and taking their money without providing services? Is this a crime? Are we all living on that Animal Farm where truth becomes lies and lies become the law?
By the way, in an effort to find a new way to make some money, since selling books isn’t what Brien is good at according to Brien when he tells authors:
"I hope you have noticed that you haven't received any letters about new bookselling packages. It's not because we ran out of stamps. We decided to make it or not, with the books and authors we have. We're still trying to find a way to sell books, when I come up with something I'll call."
Now that’s finally something that IS true! They are clueless in finding ways to sell books and they refuse to do what they have authors pay them for—like contacting every media outlet and bookstore within a 100 mile area of their homes.
So now here’s the Jones Harvest new letters sent to all the former Airleaf mailing list:
You don't need to send money or books.
I'll put your book on our websites. No charge, no obligation. I'll even make a few calls. If you want to send me books, I’ll try to put them in stores. (Again, no charge, no obligation.)
I worked at Airleaf Publishing through 2006, (they closed in 2008) and I just want to help out if I can.
http://www.jonesharvest.com/
http://www.authorgifts.com/
http://www.bookwheat.com/
http://www.myauthorprofile.com/
http://www.myperfectheart.com/
If you don’t pay anything and you don’t have to send me books, how can you become a “victim”?
Brien Jones
Author Celebrity Assoc.
Jones Harvest Publishing
Toll-Free 877-400-0075
Then when you say "yes" to this free offer agreeing to let Jones sell your book, here’s the next letter you get:
We have 800 books for sale on http://www.jonesharvest.com/ including yours. However, there are only 25 spots for book covers on the home page.
I can offer you one of those powerful places for 3 months for just $400. I can put your book on the top row for just $600! No one will have to type your name or title into the search box, your book is RIGHT THERE! That means any bookstore owner that looks at our site will see your cover!
I have one spot left on the top row, two on the second row and eleven more total. Whoever gets them first gets them!
Brien Jones
Author Celebrity Assoc.
Jones Harvest Publishing
Toll-Free 877-400-0075
The first book on the top prime row is “The Stone” by David Welden. According to the synopsis of the book:
The author reveals firsthand accounts of people who have been aboard alien ships. He also provides a detailed timeline of the chronology of Earth from 450,000 B.C. to 2023 B.C. Welden goes on to explain the genetics behind it all, including a discussion of mitochondrial DNA and the role of the Y chromosome.
This book was published by Jones Harvest in 2008 and the ranking on Amazon is #3,894,935. So if this is the first book on the first line giving it “prime time viewing,” you can imagine how well the others are selling—NOT. And yet, people are PAYING for those SPOTS?
I don’t understand how some people are still so suckered in. I have so many letters of people feeling ashamed for throwing their money into the bargain basement of the Jones Family Home, where their publishing company is located. Lots of people are spending lots of money, but who besides Jones is making lots of money?
There is no shame in being conned. It happens to decent, hard-working people who believe in the goodness of people. The shame is to allow it to keep happening or refusing to stop it when it happens again.
You don’t have to be a victim—you can be a victor. All you have to do is “Just Say No” when you receive an offer from Jones Harvest. If you want to give money to charity, make it a worthwhile one that you can at least use as a tax write-off.
Love, Bonnie Kaye
Monday, June 29, 2009
Sunday, May 24, 2009
Getting Ready for Court
GETTING READY FOR COURT
I’m blowing the dust off of all of my legal courtroom dramas that I’ve accumulated over the years and trying to “brush up” on defense tips before I go to court. From what I’ve read from some of the Jones Harvest authors who keep me posted on this fraudster’s shenanigans, Brien Jones, owner of Jones Harvest Publishing in Bloomington, Indiana, has gathered “196 of his authors, 3 of his ex-employees, and 6 companies” to join together in a lawsuit against me.
Actually, the numbers change from day to day, but here is the basic letter to authors:
I hope you have noticed that you haven't received any letters about new bookselling packages. It's not because we ran out of stamps. We decided to make it or not, with the books and authors we have. We're still trying to find a way to sell books, when I come up with something I'll call.
In the mean time, this is free.
Jones Harvest Publishing along with 190 authors (so far) plus SIX OTHER COMPANIES is finally filing suit against Bonnie Kaye. I already paid the Miller Law Group in West Lawn PA for the whole thing, so I don't need any money from you or anyone.
I have decided to include clients like you in the suit at no charge. Please believe me when I tell you her attacks on my company have hurt you and your books. You deserve compensation too.
You don't have to do anything, or say anything, or pay anything, or go anywhere. You'll just get a share of whatever we get back.
If you want a share of the settlement, all you have to do is say "Yes" and I'll add you to the list.
I would love it if you stood with us.
Brien Jones
Author Celebrity Assoc.
Jones Harvest Publishing
Toll-Free 877-400-0075
Since I know that Jones has written some compelling fiction in his day, such as his “The Scariest Pumpkin of Them All,” where he later took his company logo of a scary pumpkin from, I started wondering, “How do I start providing a defense against someone who can’t distinguish truth from fiction, or more to the point, from someone whose truth is fiction?”
Let’s start with 196 of his authors….or 190…or whatever the number is. As I read the Amazon quarterly sales reports that one of his authors forwarded to me, I counted 160 titles that are part of his publishing company. And guess what one of the 160 titles is? Yep, his book “The Scariest Pumpkin of Them All.” And as I examined the Amazon list further, guess what another title was? “The Year the Reindeer Went on Strike,” another Brien Jones creation. It seems like a prophetic book before it’s time when I read the synopsis: "Santa Claus searches for a new way to power his sleigh when his reindeer go on strike. First using penguins, then polar bears, Santa learns just how much he needs his reindeer. Can he work out a compromise in time?" This sounds similar to the real story of his employees all quitting due to his fraudulence and he needs to figure out how to get a book published before the legal authorities get to him. I don’t know how that book ended, but I do know from his ex-employees that they would never return. And then there is the third Jones book, his novel “The Manuscript” which according to Jones’s write up on his Starred Review website (page 4) will really make you think:
As the President of Jones Harvest Publishing, author Brien Jones draws on his experience in the industry for parodying the world of publishing in The Manuscript. Through his coruscating wit and wry observations, he takes off on subsidy publishers, aspiring writers, poetry, thrillers, and romance novels, as well as Indiana town.
Lee Goodwin is an author consultant at an Indiana-based print-on-demand publisher, Myownbook.com, where by paying $1000 aspiring authors can make their dreams come true and get their manuscripts turned into books. To be published by this company, a book has to conform to three rigid standards - it cannot be pornographic, dangerous, or racially prejudiced. But this applies for just the first three pages, since they are the only ones read by the publisher during the supposedly stringent screening process! Even though Lee has to sometimes contend with eccentric writers, insufferable poets ("I am not a big fan of poetry. I figure life is tough enough, why rhyme about it?"), and strange conversations (like when an author claims, "My dog is possessed by Hitler's ghost."), it is a job the forty-one-year-old divorcee enjoys.
Like I mentioned, his fiction is sometimes indistinguishable from his truths. But more to the point, 3 of the books listed on the Amazon list of 160 were his. And for a guy who is supposed to be such an expert on book selling, how come his books haven’t sold any? Actually, for that matter, of the 160 titles on the Amazon report for that quarter, I saw sales for 21 books.
Now let’s be logical. Am I, Bonnie Kaye, the cause for the lack of book sales for the Jones Harvest authors on Amazon? I think not. My attacks on not on Jones Harvest authors—they are on the publishing and publicity fraud of Brien Jones and Jones Harvest. What this means is that by exposing this company, new unsuspecting authors have a chance to read the truth before throwing out their money, and current victims of his fraudulence realize they have a way to fight back through my help.
I’m not sure what anyone can sue me for. I have heard from nearly 80 authors as of today who have sent me complaints about being scammed by Jones Harvest. I think it will be much easier for me to find them to testify then it is for Brien Jones to find authors who want to sue me for…..what exactly is it they are suing me for?
I know the wheels of justice turn very slowly, but in my heart, I do believe that honesty will always win out over dishonesty. Constantly trying to defend a lie is not only difficult, but exhausting as well. Remembering lie after lie is a full time job. But then again, Brien Jones has plenty of time on his hands. As he said in his letter, he’s not soliciting new authors and he doesn’t know how to sell the books of his old ones. But he has paid in full for a law suit against me. Maybe that’s why none of his authors have received their royalties this year.
I think I better start taping some of the Law and Order episodes I may have missed to brush up on some legal strategies. I promise to keep you posted!
I’m blowing the dust off of all of my legal courtroom dramas that I’ve accumulated over the years and trying to “brush up” on defense tips before I go to court. From what I’ve read from some of the Jones Harvest authors who keep me posted on this fraudster’s shenanigans, Brien Jones, owner of Jones Harvest Publishing in Bloomington, Indiana, has gathered “196 of his authors, 3 of his ex-employees, and 6 companies” to join together in a lawsuit against me.
Actually, the numbers change from day to day, but here is the basic letter to authors:
I hope you have noticed that you haven't received any letters about new bookselling packages. It's not because we ran out of stamps. We decided to make it or not, with the books and authors we have. We're still trying to find a way to sell books, when I come up with something I'll call.
In the mean time, this is free.
Jones Harvest Publishing along with 190 authors (so far) plus SIX OTHER COMPANIES is finally filing suit against Bonnie Kaye. I already paid the Miller Law Group in West Lawn PA for the whole thing, so I don't need any money from you or anyone.
I have decided to include clients like you in the suit at no charge. Please believe me when I tell you her attacks on my company have hurt you and your books. You deserve compensation too.
You don't have to do anything, or say anything, or pay anything, or go anywhere. You'll just get a share of whatever we get back.
If you want a share of the settlement, all you have to do is say "Yes" and I'll add you to the list.
I would love it if you stood with us.
Brien Jones
Author Celebrity Assoc.
Jones Harvest Publishing
Toll-Free 877-400-0075
Since I know that Jones has written some compelling fiction in his day, such as his “The Scariest Pumpkin of Them All,” where he later took his company logo of a scary pumpkin from, I started wondering, “How do I start providing a defense against someone who can’t distinguish truth from fiction, or more to the point, from someone whose truth is fiction?”
Let’s start with 196 of his authors….or 190…or whatever the number is. As I read the Amazon quarterly sales reports that one of his authors forwarded to me, I counted 160 titles that are part of his publishing company. And guess what one of the 160 titles is? Yep, his book “The Scariest Pumpkin of Them All.” And as I examined the Amazon list further, guess what another title was? “The Year the Reindeer Went on Strike,” another Brien Jones creation. It seems like a prophetic book before it’s time when I read the synopsis: "Santa Claus searches for a new way to power his sleigh when his reindeer go on strike. First using penguins, then polar bears, Santa learns just how much he needs his reindeer. Can he work out a compromise in time?" This sounds similar to the real story of his employees all quitting due to his fraudulence and he needs to figure out how to get a book published before the legal authorities get to him. I don’t know how that book ended, but I do know from his ex-employees that they would never return. And then there is the third Jones book, his novel “The Manuscript” which according to Jones’s write up on his Starred Review website (page 4) will really make you think:
As the President of Jones Harvest Publishing, author Brien Jones draws on his experience in the industry for parodying the world of publishing in The Manuscript. Through his coruscating wit and wry observations, he takes off on subsidy publishers, aspiring writers, poetry, thrillers, and romance novels, as well as Indiana town.
Lee Goodwin is an author consultant at an Indiana-based print-on-demand publisher, Myownbook.com, where by paying $1000 aspiring authors can make their dreams come true and get their manuscripts turned into books. To be published by this company, a book has to conform to three rigid standards - it cannot be pornographic, dangerous, or racially prejudiced. But this applies for just the first three pages, since they are the only ones read by the publisher during the supposedly stringent screening process! Even though Lee has to sometimes contend with eccentric writers, insufferable poets ("I am not a big fan of poetry. I figure life is tough enough, why rhyme about it?"), and strange conversations (like when an author claims, "My dog is possessed by Hitler's ghost."), it is a job the forty-one-year-old divorcee enjoys.
Like I mentioned, his fiction is sometimes indistinguishable from his truths. But more to the point, 3 of the books listed on the Amazon list of 160 were his. And for a guy who is supposed to be such an expert on book selling, how come his books haven’t sold any? Actually, for that matter, of the 160 titles on the Amazon report for that quarter, I saw sales for 21 books.
Now let’s be logical. Am I, Bonnie Kaye, the cause for the lack of book sales for the Jones Harvest authors on Amazon? I think not. My attacks on not on Jones Harvest authors—they are on the publishing and publicity fraud of Brien Jones and Jones Harvest. What this means is that by exposing this company, new unsuspecting authors have a chance to read the truth before throwing out their money, and current victims of his fraudulence realize they have a way to fight back through my help.
I’m not sure what anyone can sue me for. I have heard from nearly 80 authors as of today who have sent me complaints about being scammed by Jones Harvest. I think it will be much easier for me to find them to testify then it is for Brien Jones to find authors who want to sue me for…..what exactly is it they are suing me for?
I know the wheels of justice turn very slowly, but in my heart, I do believe that honesty will always win out over dishonesty. Constantly trying to defend a lie is not only difficult, but exhausting as well. Remembering lie after lie is a full time job. But then again, Brien Jones has plenty of time on his hands. As he said in his letter, he’s not soliciting new authors and he doesn’t know how to sell the books of his old ones. But he has paid in full for a law suit against me. Maybe that’s why none of his authors have received their royalties this year.
I think I better start taping some of the Law and Order episodes I may have missed to brush up on some legal strategies. I promise to keep you posted!
Sunday, April 19, 2009
AIRLEAF VICTIMS UPDATE APRIL 19, 2009
AIRLEAF VICTIMS UPDATE APRIL 18, 2009
Dear Airleaf Victims, JH Victims, and Author Friends,
First, let me thank all of you who have responded with your support of willingness to sign petitions for the U.S. Attorney Tim Morrison. In addition to our group, we had 29 people respond with their kind offers of support to sign petitions after they read about us on Victoria Strauss’ blog on Writer Beware! I will be speaking in Connecticut on May 9 at the Connecticut Authors and Publishers Association on the issue of Predatory Publishing. I will take petitions with me to the event to get them signed as well. This is an issue that affects every independent author and needs to be heard.
I had sent a letter to the Attorney General in Washington. On Monday, I received this response:
Dear Ms. Kaye:
This responds to your of March 11, 2009, letter to Kenneth E. Melson, Director, Executive Office for United States Attorneys (EOUSA), seeking to have the owner of a private company criminal charges with fraud. Because of the nature of your request, your letter was referred to the General Counsel’s Office, EOUSA, Department of Justice (DOJ) for a response.
United States Attorneys, and their offices, represent the United States and prosecute violators of Federal law. By law, they have considerable discretion in determining whom to investigate or prosecute and what charges, if any to bring. EOUSA is not a supervisory agency for the United States Attorneys’ Offices (USAO’s). We provide general executive assistance, policy development, administrative management direction and oversight, and operational support for the 93 United States Attorneys’ Offices (USAOs). Accordingly, EOUSA does not have the authority to require a United States Attorney to investigate alleged criminal activity. This is a matter solely within the discretion of the U.S. Attorney and his office.
We appreciate the confidence which prompted your letter.
Sincerely,
Jay Macklin
General Counsel
I think that Mr. Macklin misinterpreted my request of “desperation” by describing it as “confidence,” of which I have none at this point. In other words, this office will not help us.
This week, I received two notes of passive-aggressive--bordering on antagonistic-- communication from Timothy Morrison, the U.S. Attorney in Indiana. I am sending you a copy of my original letter, his response to me, my response back, and his latest letter to me on Friday, April 17. Mr. Morrison is “picking” at my words and trying to deflect from the reality of our situation. After you read them, you’ll realize that we are going nowhere fast. However, that should make us much more determined to make this into a national matter.
In Mr. Morrison’s last email to me, as you’ll read later on, he states:
Few lawyers worth their salt are prepared to ignore new facts. When you e-mailed you were bringing “petitions from our victims with their stories,” I would certainly read those regardless of what was previously submitted to investigators.
I can’t imagine what “new facts” we could submit to Mr. Morrison unless the federal investigators were withholding information from him. This case is becoming more bizarre by the moment, but we cannot let this discourage us. I’m sure the government of Indiana would like us to go away, but we won’t. One author commented that “Bernie Madoff stole from millionaires and that was a crime, but a man who steals from hard working average people is ignored.”
I have attached a copy of our petition which is a Microsoft word document. You can either type in the information or print it out and write it in. Don’t worry if it goes into a second or third page. Just tell factually what has happened to you. If you have a printer, I’d appreciate it if you could print it out and sign it and send it to me. If you don’t have a printer, you can type in an X at the end where you give verify that you have filled this out and give me permission to deliver your letter to Mr. Morrison’s office.
Please be specific in describing what you paid for. If you would like to send me any back up or copies of information for me to submit such as promotional fliers of services you bought, feel free to do so.
Here is the correspondence this week:
From: BonKaye@aol.com [mailto:BonKaye@aol.com]
Sent: Friday, April 03, 2009 6:47 PM
To: USAINS-Webmaster
Subject: From Bonnie Kaye, Organizer, Airleaf Victims
Dear Mr. Morrison,
I was informed by the Indiana FBI today that you will not be following through with our case of fraud against Airleaf Publishing. I want you to know that I and the members of group find this totally unacceptable. I have provided the federal authorities with more than enough evidence proving criminal fraud. We have nearly 600 members who are part of our group from the United States and other parts of the world who have been robbed of our money, hopes, dreams, materials, and dignity. There are hundreds of more victims of this company that haven't found their way to us yet. Just within our group, the money stolen is in excess of TWO MILLION DOLLARS. We want justice against Airleaf Publishing and Carl Lau, the owner who not only took our money while he was in business, but continued to steal our royalties after he closed his company for many months to come.
By allowing this crime to go unpunished, you are sending out a message to the other predatory publishers that continue stealing money from unsuspecting authors that it is okay to perpetrate fraud in Indiana without getting punished.
We are committed to finding justice against this fraudulence. I will be coming to visit you in Indiana in June to present you with petitions from our victims with their stories. We will contact every government agency in your state asking them to intercede on our behalf. We will also contact your local media and the national media to bring attention to this injustice. We have been patiently waiting for a year and a half for justice, but now you have decided not to help us find it.
This is a true disgrace, Mr. Morrison.
Bonnie Kaye, M.Ed., Organizer, Airleaf Victims
In a message dated 4/13/2009 2:43:40 P.M. Eastern Daylight Time, USAINS.Webmaster@usdoj.gov writes:
Dear Ms. Kaye:
I would be pleased to meet with you sometime in June to receive written accounts from persons who have lost money in the Airleaf transactions. Please contact me when your schedule firms up so that we can arrange a mutually convenient time.
Also feel free to contact the national and local media and “every government agency” in Indiana. However, that may duplicate, in part, what you have already done. You wrote me on February 16, 2008, that you were “very distraught at the response of the Indiana government agencies, including the Attorney General’s office, the Governor’s office and the two State Senator offices.”
Nonetheless, on June 25, 2008, you wrote that the Indiana Attorney General had, in fact, filed civil suit against Lau and Airleaf and that you had identified 450 victims. A copy of the Consent Judgment dated July 8, 2008 is attached in a .pdf file. This judgment lists 117 victims and a $317,881.96 loss. Could you send me a copy of the supplemental judgments that include the rest of your people? Thanks.
I look forward to seeing you in June.
Tim Morrison, United States Attorney
Dear Mr. Morrison,
I feel as if we are living in two different worlds. You stated that you'd be pleased to meet with me to receive written accounts from persons who lost money from Airleaf. I have spent the past 18 months working with Rob Simpson from the FBI providing him with case after case of criminal action. Rob called me a week ago on Friday telling me that he and the postal authority presented the case to your office, and your office turned us down for criminal charges stating that you didn't feel that the cases met the criminal statutes of Indiana. He stated he wanted to call me personally because he felt bad that this decision was made. He told me he believed we had a case. I have spent hundreds of hours making sure that our group has sent in information and documentation about their cases to the FBI and postal inspector's office. Please explain how, after all of this time, you don't seem to know about these cases.
If Rob Simpson has given me incorrect information about your decision, this needs to be addressed. If you are saying you didn't say you won't prosecute the case, then please tell me.
At that point, I will apologize to you and let our members and supporters know that you are reviewing the case. Since the FBI and postal authorities have collected all of the information including interviews with ex-employees, why can't you ask them for the information? The police captain of Martinsville, Jeff Buskirk, spent over six months meticulously putting together all of our files. Would you like me to ask him to send them to you as well?
I would prefer not to come to Indiana if I don't need to. It would be a costly trip for me. I would prefer not to have to spend endless more hours getting petitions from our victims and supporters. I would be willing to stop all action if you are telling me that you will review the cases that have been collected by your agencies and the Martinsville police. Somehow, there seems to be a large disconnect here, and I would like to know what it is.
As far as the AG's office, the fact that a civil judgment was handed down means nothing to me. It was symbolic only. The cases that were part of the judgment were a small number of the total number of authors because the AG's office felt they would file the judgment based on of a two-year cohort. That's why there are so many more complaints than what the AG has in the judgment. There is no money to be recovered from the owner as I knew there wouldn't be from the beginning. This is why criminal charges are so important to us. The AG's office should have put a stop to Airleaf months before they went out of business since there was an AVC order issued in May of 2007. When the first complaints started flowing into their office, that should have been cause enough to close Airleaf down. But there was nothing done, allowing Airleaf to continue stealing money from people until my campaign forced them to close by cutting off the cash flow.
There is another crook in your state, Brien Jones, of Jones Harvest Publishing in Bloomington, who picked up the slack where Airleaf left off. He was the Executive Vice President of Airleaf who started his own "publishing" company in January of 2007. He laughs to people that Indiana government doesn't do anything while he continues to rob people of thousands of dollars. I have over 70 complaints from his new victims. I am working hard to end his business the same way I did Airleaf's.
Complaints were sent to the federal authorities as early as August 2007 when they started investigating it. Something should have been done then--but nothing was.
So, as far as I see it, nothing was done to bring justice to the criminals who stole our money. I am sure you have been reading the letters sent to you by some of our victims. It's not that just money was lost. For some people, it was their life savings. I have loads of elderly and handicapped people whose lives were shattered from this criminal action. We want justice, and this is in your hands. Martinsville couldn't handle the case because they don't have the resources. The AG's office handed down a judgment that didn't help us--it was too late to claim anything. Therefore, we are seeking, as we have from the beginning, criminal charges against the owner, Carl Lau, for what he has done to us.
Please advise me of what you are willing to do. Also please advise me if the FBI gave me incorrect information because that would really be discouraging.
Thank you for your response.
Bonnie Kaye
April 18, 2009
Dear Ms. Kaye:
You e-mailed that “I will be coming to visit you in Indiana in June to present you with petitions from our victims with their stories.” I willingly accepted a meeting upon my assumption that you planned to come to Indiana in June. Now you e-mail that “I would prefer not to come to Indiana if I don't need to. It would be a costly trip for me. I would prefer not to have to spend endless more hours getting petitions from our victims and supporters.” There is no obligation for you to come to Indiana. I am directing you to do nothing. I obviously misinterpreted “I will be coming to visit you in Indiana in June.”
Few lawyers worth their salt are prepared to ignore new facts. When you e-mailed you were bringing “petitions from our victims with their stories,” I would certainly read those regardless of what was previously submitted to investigators. The e-mails your people sent me contain sparse facts about their situation. Fewer than half were listed on the civil judgment obtained by the Indiana Attorney General and most e-mails contained neither a loss figure nor “note stating your story” as you also requested. Most did follow your explicit e-mail directions to advise me they were victims of criminal fraud and express outrage. “.. (Y)ou are simply either lazy or a coward--or perhaps both” or “you are incompetent and impotent and negligent” were unfortunately representative. Many cited the “facts” that the FBI and the laws of Indiana were on their side.
These cited “facts” are not determinative, but they are wrong. For instance, Rob Simpson works on an FBI-sponsored task force in his capacity as an Indiana State Police detective. He is not a Special Agent of the FBI. “I received a phone call from our FBI agent who was investigating the case,” you e-mailed your people. “The FBI agent was on our side.” I assume that was a misunderstanding. There must have been a misunderstanding, too, when Mr. Simpson told you that my office “didn’t feel the cases met the criminal statutes of Indiana.” My office is without jurisdiction to enforce the criminal statutes of Indiana. We enforce federal criminal law.
The Indiana Attorney General’s civil judgment may be “symbolic” and “mean nothing” to you, as you e-mailed me, but you are one of only 117 persons included, while the majority of your people are not. Restitution orders in criminal cases, just as judgments in civil cases, are frequently not collectable. That is unfortunately true. However, they are not without value, since a defendant who inherits money, wins on a lottery ticket or at a state casino can have that money attached on this outstanding judgment. I have seen it happen. And if it does, fundamental fairness demands each name and loss amount appear on an existing judgment. You e-mailed that the AG filed on your behalf and the others based upon “a two-year cohort.” I am unfamiliar with that term. What does it mean?
I remain prepared to meet with you, but impose no duty on you to travel here or collect further information.
Tim Morrison
United States Attorney
And so, group members, this summer I will be visiting Indiana. Maybe I’ll even meet with U.S. Attorney Timothy Morrison. At least I’ll make sure he receives our petitions to review the case.
For the next few weeks, I’ll be asking you to take a few moments to send emails to the leaders of Indiana to try to push them to move forward with our case. We cannot get discouraged because this is what people who should be doing their jobs are hoping for.
With love, hope, and determination,
Bonnie Kaye
Dear Airleaf Victims, JH Victims, and Author Friends,
First, let me thank all of you who have responded with your support of willingness to sign petitions for the U.S. Attorney Tim Morrison. In addition to our group, we had 29 people respond with their kind offers of support to sign petitions after they read about us on Victoria Strauss’ blog on Writer Beware! I will be speaking in Connecticut on May 9 at the Connecticut Authors and Publishers Association on the issue of Predatory Publishing. I will take petitions with me to the event to get them signed as well. This is an issue that affects every independent author and needs to be heard.
I had sent a letter to the Attorney General in Washington. On Monday, I received this response:
Dear Ms. Kaye:
This responds to your of March 11, 2009, letter to Kenneth E. Melson, Director, Executive Office for United States Attorneys (EOUSA), seeking to have the owner of a private company criminal charges with fraud. Because of the nature of your request, your letter was referred to the General Counsel’s Office, EOUSA, Department of Justice (DOJ) for a response.
United States Attorneys, and their offices, represent the United States and prosecute violators of Federal law. By law, they have considerable discretion in determining whom to investigate or prosecute and what charges, if any to bring. EOUSA is not a supervisory agency for the United States Attorneys’ Offices (USAO’s). We provide general executive assistance, policy development, administrative management direction and oversight, and operational support for the 93 United States Attorneys’ Offices (USAOs). Accordingly, EOUSA does not have the authority to require a United States Attorney to investigate alleged criminal activity. This is a matter solely within the discretion of the U.S. Attorney and his office.
We appreciate the confidence which prompted your letter.
Sincerely,
Jay Macklin
General Counsel
I think that Mr. Macklin misinterpreted my request of “desperation” by describing it as “confidence,” of which I have none at this point. In other words, this office will not help us.
This week, I received two notes of passive-aggressive--bordering on antagonistic-- communication from Timothy Morrison, the U.S. Attorney in Indiana. I am sending you a copy of my original letter, his response to me, my response back, and his latest letter to me on Friday, April 17. Mr. Morrison is “picking” at my words and trying to deflect from the reality of our situation. After you read them, you’ll realize that we are going nowhere fast. However, that should make us much more determined to make this into a national matter.
In Mr. Morrison’s last email to me, as you’ll read later on, he states:
Few lawyers worth their salt are prepared to ignore new facts. When you e-mailed you were bringing “petitions from our victims with their stories,” I would certainly read those regardless of what was previously submitted to investigators.
I can’t imagine what “new facts” we could submit to Mr. Morrison unless the federal investigators were withholding information from him. This case is becoming more bizarre by the moment, but we cannot let this discourage us. I’m sure the government of Indiana would like us to go away, but we won’t. One author commented that “Bernie Madoff stole from millionaires and that was a crime, but a man who steals from hard working average people is ignored.”
I have attached a copy of our petition which is a Microsoft word document. You can either type in the information or print it out and write it in. Don’t worry if it goes into a second or third page. Just tell factually what has happened to you. If you have a printer, I’d appreciate it if you could print it out and sign it and send it to me. If you don’t have a printer, you can type in an X at the end where you give verify that you have filled this out and give me permission to deliver your letter to Mr. Morrison’s office.
Please be specific in describing what you paid for. If you would like to send me any back up or copies of information for me to submit such as promotional fliers of services you bought, feel free to do so.
Here is the correspondence this week:
From: BonKaye@aol.com [mailto:BonKaye@aol.com]
Sent: Friday, April 03, 2009 6:47 PM
To: USAINS-Webmaster
Subject: From Bonnie Kaye, Organizer, Airleaf Victims
Dear Mr. Morrison,
I was informed by the Indiana FBI today that you will not be following through with our case of fraud against Airleaf Publishing. I want you to know that I and the members of group find this totally unacceptable. I have provided the federal authorities with more than enough evidence proving criminal fraud. We have nearly 600 members who are part of our group from the United States and other parts of the world who have been robbed of our money, hopes, dreams, materials, and dignity. There are hundreds of more victims of this company that haven't found their way to us yet. Just within our group, the money stolen is in excess of TWO MILLION DOLLARS. We want justice against Airleaf Publishing and Carl Lau, the owner who not only took our money while he was in business, but continued to steal our royalties after he closed his company for many months to come.
By allowing this crime to go unpunished, you are sending out a message to the other predatory publishers that continue stealing money from unsuspecting authors that it is okay to perpetrate fraud in Indiana without getting punished.
We are committed to finding justice against this fraudulence. I will be coming to visit you in Indiana in June to present you with petitions from our victims with their stories. We will contact every government agency in your state asking them to intercede on our behalf. We will also contact your local media and the national media to bring attention to this injustice. We have been patiently waiting for a year and a half for justice, but now you have decided not to help us find it.
This is a true disgrace, Mr. Morrison.
Bonnie Kaye, M.Ed., Organizer, Airleaf Victims
In a message dated 4/13/2009 2:43:40 P.M. Eastern Daylight Time, USAINS.Webmaster@usdoj.gov writes:
Dear Ms. Kaye:
I would be pleased to meet with you sometime in June to receive written accounts from persons who have lost money in the Airleaf transactions. Please contact me when your schedule firms up so that we can arrange a mutually convenient time.
Also feel free to contact the national and local media and “every government agency” in Indiana. However, that may duplicate, in part, what you have already done. You wrote me on February 16, 2008, that you were “very distraught at the response of the Indiana government agencies, including the Attorney General’s office, the Governor’s office and the two State Senator offices.”
Nonetheless, on June 25, 2008, you wrote that the Indiana Attorney General had, in fact, filed civil suit against Lau and Airleaf and that you had identified 450 victims. A copy of the Consent Judgment dated July 8, 2008 is attached in a .pdf file. This judgment lists 117 victims and a $317,881.96 loss. Could you send me a copy of the supplemental judgments that include the rest of your people? Thanks.
I look forward to seeing you in June.
Tim Morrison, United States Attorney
Dear Mr. Morrison,
I feel as if we are living in two different worlds. You stated that you'd be pleased to meet with me to receive written accounts from persons who lost money from Airleaf. I have spent the past 18 months working with Rob Simpson from the FBI providing him with case after case of criminal action. Rob called me a week ago on Friday telling me that he and the postal authority presented the case to your office, and your office turned us down for criminal charges stating that you didn't feel that the cases met the criminal statutes of Indiana. He stated he wanted to call me personally because he felt bad that this decision was made. He told me he believed we had a case. I have spent hundreds of hours making sure that our group has sent in information and documentation about their cases to the FBI and postal inspector's office. Please explain how, after all of this time, you don't seem to know about these cases.
If Rob Simpson has given me incorrect information about your decision, this needs to be addressed. If you are saying you didn't say you won't prosecute the case, then please tell me.
At that point, I will apologize to you and let our members and supporters know that you are reviewing the case. Since the FBI and postal authorities have collected all of the information including interviews with ex-employees, why can't you ask them for the information? The police captain of Martinsville, Jeff Buskirk, spent over six months meticulously putting together all of our files. Would you like me to ask him to send them to you as well?
I would prefer not to come to Indiana if I don't need to. It would be a costly trip for me. I would prefer not to have to spend endless more hours getting petitions from our victims and supporters. I would be willing to stop all action if you are telling me that you will review the cases that have been collected by your agencies and the Martinsville police. Somehow, there seems to be a large disconnect here, and I would like to know what it is.
As far as the AG's office, the fact that a civil judgment was handed down means nothing to me. It was symbolic only. The cases that were part of the judgment were a small number of the total number of authors because the AG's office felt they would file the judgment based on of a two-year cohort. That's why there are so many more complaints than what the AG has in the judgment. There is no money to be recovered from the owner as I knew there wouldn't be from the beginning. This is why criminal charges are so important to us. The AG's office should have put a stop to Airleaf months before they went out of business since there was an AVC order issued in May of 2007. When the first complaints started flowing into their office, that should have been cause enough to close Airleaf down. But there was nothing done, allowing Airleaf to continue stealing money from people until my campaign forced them to close by cutting off the cash flow.
There is another crook in your state, Brien Jones, of Jones Harvest Publishing in Bloomington, who picked up the slack where Airleaf left off. He was the Executive Vice President of Airleaf who started his own "publishing" company in January of 2007. He laughs to people that Indiana government doesn't do anything while he continues to rob people of thousands of dollars. I have over 70 complaints from his new victims. I am working hard to end his business the same way I did Airleaf's.
Complaints were sent to the federal authorities as early as August 2007 when they started investigating it. Something should have been done then--but nothing was.
So, as far as I see it, nothing was done to bring justice to the criminals who stole our money. I am sure you have been reading the letters sent to you by some of our victims. It's not that just money was lost. For some people, it was their life savings. I have loads of elderly and handicapped people whose lives were shattered from this criminal action. We want justice, and this is in your hands. Martinsville couldn't handle the case because they don't have the resources. The AG's office handed down a judgment that didn't help us--it was too late to claim anything. Therefore, we are seeking, as we have from the beginning, criminal charges against the owner, Carl Lau, for what he has done to us.
Please advise me of what you are willing to do. Also please advise me if the FBI gave me incorrect information because that would really be discouraging.
Thank you for your response.
Bonnie Kaye
April 18, 2009
Dear Ms. Kaye:
You e-mailed that “I will be coming to visit you in Indiana in June to present you with petitions from our victims with their stories.” I willingly accepted a meeting upon my assumption that you planned to come to Indiana in June. Now you e-mail that “I would prefer not to come to Indiana if I don't need to. It would be a costly trip for me. I would prefer not to have to spend endless more hours getting petitions from our victims and supporters.” There is no obligation for you to come to Indiana. I am directing you to do nothing. I obviously misinterpreted “I will be coming to visit you in Indiana in June.”
Few lawyers worth their salt are prepared to ignore new facts. When you e-mailed you were bringing “petitions from our victims with their stories,” I would certainly read those regardless of what was previously submitted to investigators. The e-mails your people sent me contain sparse facts about their situation. Fewer than half were listed on the civil judgment obtained by the Indiana Attorney General and most e-mails contained neither a loss figure nor “note stating your story” as you also requested. Most did follow your explicit e-mail directions to advise me they were victims of criminal fraud and express outrage. “.. (Y)ou are simply either lazy or a coward--or perhaps both” or “you are incompetent and impotent and negligent” were unfortunately representative. Many cited the “facts” that the FBI and the laws of Indiana were on their side.
These cited “facts” are not determinative, but they are wrong. For instance, Rob Simpson works on an FBI-sponsored task force in his capacity as an Indiana State Police detective. He is not a Special Agent of the FBI. “I received a phone call from our FBI agent who was investigating the case,” you e-mailed your people. “The FBI agent was on our side.” I assume that was a misunderstanding. There must have been a misunderstanding, too, when Mr. Simpson told you that my office “didn’t feel the cases met the criminal statutes of Indiana.” My office is without jurisdiction to enforce the criminal statutes of Indiana. We enforce federal criminal law.
The Indiana Attorney General’s civil judgment may be “symbolic” and “mean nothing” to you, as you e-mailed me, but you are one of only 117 persons included, while the majority of your people are not. Restitution orders in criminal cases, just as judgments in civil cases, are frequently not collectable. That is unfortunately true. However, they are not without value, since a defendant who inherits money, wins on a lottery ticket or at a state casino can have that money attached on this outstanding judgment. I have seen it happen. And if it does, fundamental fairness demands each name and loss amount appear on an existing judgment. You e-mailed that the AG filed on your behalf and the others based upon “a two-year cohort.” I am unfamiliar with that term. What does it mean?
I remain prepared to meet with you, but impose no duty on you to travel here or collect further information.
Tim Morrison
United States Attorney
And so, group members, this summer I will be visiting Indiana. Maybe I’ll even meet with U.S. Attorney Timothy Morrison. At least I’ll make sure he receives our petitions to review the case.
For the next few weeks, I’ll be asking you to take a few moments to send emails to the leaders of Indiana to try to push them to move forward with our case. We cannot get discouraged because this is what people who should be doing their jobs are hoping for.
With love, hope, and determination,
Bonnie Kaye
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