Dear Airleaf Friends,
Some news has recently transpired, and I wanted to update you about this information.
On August 21, 2009, a letter was sent out to the 120 of our authors who part of the cohort of the judgment filed by the Indiana Attorney General against Airleaf last year. This is what it stated:
Dear Consumer,
As most of you know, on June 30, 2008 the Office of the Indiana Attorney General entered into a Consent Judgment with Airleaf and its owner, Carl Lau. Among other things, the judgment contained a provision regarding restitution for your particular loss. For those of you who do not already have a copy of the judgment, please feel free to access a PDF version via www.IndianaConsumer.com. Our ongoing investigation since that filing was made revealed that Airleaf and its owner are insolvent and any attempt at formal collection activity would therefore be fruitless.
On August 3, 2009 Carl Lau and his wife filed a join ‘no asset’ Chapter 7 bankruptcy in the U.S. Bankruptcy Court for the Southern District of Indiana, under Case Number 09-11308-AJM-7. The filing again confirms our conclusion that further attempts to secure restitution are inadvisable.
Enclosed you will find a Notice of Bankruptcy Filing the Bankruptcy Court recently sent to my Office. Please note that the due date for “objections to discharge” is November 20, 2009. Bankruptcy law allows creditors (which you are by virtue of the Consent Judgment) to file a lawsuit within the bankruptcy proceeding to prevent discharge of the debt at issued if the creditor can prove fraud.
The State has concluded that such a lawsuit, even if prosecuted successfully, will not be collectable. Therefore, we will be unable to obtain restitution for your loss. If you believe you might wish to pursue such a lawsuit on your own, please consult a private attorney.
Sincerely,
Tom Irons, Deputy Attorney General, Consumer Protection Division
Okay, I wasn’t surprised—and I’m not quite sure why I felt upset. I expected the bankruptcy to be filed a long time ago because I heard it was in the process last year. But yet, I still felt a sense of anger because I know that Carl Lau has been collecting unemployment compensation benefits since going out of business. I also know that he did have some assets that were never really checked into like his yacht. Proof of those assets came the following week after I contacted our reporter friend Ron Hawkins at the Martinsville Reporter who dug up some interesting information. Here is a copy of his article:
August 29, 2009
By Ronald Hawkins
rhawkins@reporter-times.com
MARTINSVILLE
The Indiana Attorney General’s Office has ended its efforts to collect money from Carl Lau, the owner of the now defunct Airleaf Publishing and Book Selling, following his filing for bankruptcy.
A Martinsville-based marketing and self-publishing firm, Airleaf shut its doors in December 2007 following multiple complaints to the state attorney general, the Martinsville Police Department and Better Business Bureau of Central Indiana alleging that the company failed to pay royalties, publish books and deliver other promised services.
In May 2008, Indiana Attorney General Steve Carter announced the state had filed a lawsuit against Airleaf alleging it had taken money without providing the promised services in return. The lawsuit sought consumer restitution for at least 120 customers.
In June 2008, the state announced it had reached a consent judgment with Lau that provided for restitutions to the consumers.
A Chapter 7 bankruptcy petition, however, filed by Carl and Deborah Lau — who list a Carmel address as their home — in U.S. Bankruptcy Court, Southern District of Indiana, Indianapolis, has led the state to believe that further efforts to collect money from Lau would “be fruitless,” according to a letter sent by Tom Irons, deputy attorney general, to the consumers.
“Our ongoing investigation since that filing was made,” Irons wrote in a letter dated Aug. 21, “has revealed that Airleaf and its owner are clearly insolvent and any attempt at formal collection activity would be fruitless.”
The individual consumers, however, if they can prove fraud may file a lawsuit within the bankruptcy before the Nov. 20 due date to prevent the discharge of the debt, Irons wrote.
When contacted about the letter, Irons confirmed that it was his letter and “my signature.”
Bonnie Kaye, a Philadelphia-based counselor who organized an Airleaf victims group, said she wasn’t surprised by the state’s action, but that it reinforces her displeasure with the state’s efforts. She said her organization has more than 600 members.
“This is just another example of how the government of Indiana allowed a tragedy to happen to our authors whose lives have been shattered by the fraudulence of this company,” she said. “While Airleaf was alive and prospering, the AG’s office turned a blind eye when the complaints started pouring in.
“It was only after our actions forced Airleaf to close down that the judgment was handed down six months after the fact.”
Bankruptcy filing details
In the bankruptcy filing dated Aug. 3, the document lists $1,594,771 in total claims against Lau and $160,217 in assets.
Of that debt, the filing claims that $1,472,588 is in unsecured, non-priority claims.
The largest secured claim is $25,125 owed to Citizens Bank of Cumberland County in Burkesville, Ky., although there are several larger, unsecured claims.
The Lau’s debt list includes $74,445.81 owed to the Internal Revenue Service in employment taxes, $16,601 in state employment taxes plus $2,152 in state sales taxes and a $69,100 debt to the state for violations of the deceptive consumer sales act.
In addition to the dozens of debts to consumers listed in the 134-page document, the debts range from an American Express debt of $116 to $230,62 to Premier Capital Corp. of Indianapolis and $273,825 owed to CIT Lending Services of Livingston, N.J.
The bankruptcy also includes $19,999 owed to Author House of Bloomington, a self-publishing firm, and $4,600 to the Morgan County treasurer.
The filing states Carl Lau has no average monthly income, but Deborah Lau has an average income of $3,537 per month. He, however, has received $3,308 in unemployment compensation this year and received $13,192 in 2008.
Their monthly expenses, the document states, are $4,700 including $1,500 in taxes, but they have no rent or home mortgage payments.
Ronald Hawkins
News editor
My frustration comes from seeing that there is still over $160,000 in assets that could have been sought on our behalf. Also, the fact that Carl Lau owes the IRS and the State of Indiana payroll taxes really upsets me because he has received over $16,000.00 in unemployment compensation in spite of his criminal actions. Go figure! Also, as you see in the article, the Lau’s have no rent or home mortgage payments. This is because they moved in with Deborah Lau’s parents. While I used to feel somewhat sympathetic to Mrs. Lau, I don’t anymore. I would tell her the same thing I tell my women that I counsel—“If you don’t know the truth about your husband and he is doing the wrong thing, then you are a victim. But once you learn the truth and you choose to stay there, you are a volunteer.” And I don’t feel sympathy for volunteers.
The article states that Carl Lau owes money to Authorhouse. He owes it to them for stealing their database when he left there to start his own company. He had to make a payoff agreement with them out of court which of course was never paid off. So that shows Deborah Lau that her husband had a lack of scruples before she even knew about any of us. In addition, Carl Lau was forced to pay money for a sexual harassment suit that one of his former female employees contacted me about to let me know about her settlement. It was general information from all of the previous Airleaf employees that spoke with me that Lau was a sleazy guy watching porn on his computer and making sexual overtures to a number of the female employees or even groping them. And yet, his wife still remains with him. So now she is a volunteer, aiding a criminal. No, I don’t feel sorry for her at all. Deborah Lau is helping him avoid his responsibility of standing up and making amends to his victims. She obviously has no concern for us.
Don’t think that our efforts have been for nothing. Carl Lau will have a legacy that will follow him forever. Every time he goes for a job and someone looks up his name on the Internet, they will know what a crook he is—and this has already happened. His road will never be an easy one again thanks to our standing up and fighting back.
I called the Bankruptcy Trustee, Mr. Elliott Levin in Indiana, and spoke to him about our options late last week. There is a hearing for Carl Lau’s bankruptcy on Monday, September 21 at 1:30 p.m. in Indianapolis. Mr. Levin said any of us could show up at the hearing, but without an attorney, it’s hard to do much because an “objection to discharge” has to be filed. However, if any of you would like to go there to stake your claim, I encourage you to do just that. The hearing will only last 15 minutes, so it won’t be very long. But at least you can have a say. If you would like to go, or you would like more information, feel free to call Mr. Levin at 317-634-0300.
Although you know that I don’t have faith in the State of Indiana, I would like to thank Mr. Tom Irons for taking the Jones Harvest fraud seriously. This past week, at least five authors who were victims of Brien Jones in his scamming of authors received back money from the Indiana Attorney General’s office, and there may be more who haven’t contacted me yet. I have tracked 72 complaints from authors who were taken in by this company. If you have been scammed by Brien Jones in his new publishing company, Jones Harvest et. al, there is still hope for you to retrieve some compensation before he goes bankrupt. If you need help with this, just let me know. I will be glad to send you the information on how to file a complaint form or call you to walk you through with it.
I just wanted to give you an update. If you have any questions, please feel free to contact me.
One last announcement—we are accepting new authors for our Books of Excellence Coop. Visit our site at www.BooksofExcellence.com to see how nice the site is. This year, we will be starting Blog Radio for our group with lots of advertising and marketing. We have a monthly newsletter where we provide marketing and publishing tips to help our authors. Write to me if you are interested.
Love, Bonnie Kaye
Organizer, www.Airleaf Victims.com
Showing posts with label Tom Irons. Show all posts
Showing posts with label Tom Irons. Show all posts
Sunday, September 13, 2009
Sunday, August 9, 2009
WRAPPING UP THE AIRLEAF BATTLE
August 9, 2009
Dear Airleaf Victims and Friends,
I am writing this last correspondence to you to let you know that I am wrapping up my efforts on the Airleaf case. At this point of time, I have gone as far as I can go, and it’s time to let go. All of the petitions that many of you were kind enough to sign will be sent to the U.S. Attorney Timothy Morrison this week. If by some miracle he changes his mind after reading them, I will notify you immediately.
I wanted to make sure that I explored every possible course of action, but I have to accept that I have come to a dead end. As so many of you have told me, it’s time to let go. From my point of view, there has been no justice for the Airleaf Victims. The fact that Airleaf closed down was due to our efforts in stopping their cash flow—not government efforts to stop the fraudulence. Airleaf was run by con men. They were experts in making people believe that we could become famous authors through a series of publicity efforts, which in almost every case, never happened. There were no European book fairs, no Bowker reviews, no Carnival cruise, or no Hollywood movies. There was just continued scamming of good people who worked long and hard at becoming authors.
Should you be angry? Of course you should. Most of you were taken for your hard work and hard earned money while others profited off of your innocence with airplanes, boats, trips to Hollywood where sordid affairs took place, and a plush life style built off of your suffering. In addition to the thieves who took your money so willingly but refused to provide you with the promised services, we had the State of Indiana to contend with. Its lack of concern for thieves in their State will always be my greatest reminder of how government doesn’t care about its people.
This has been a wonderful experience for me because it has given me the unique opportunity to get to know so many of you. I have developed life-time friendships with some of the most wonderful people I have ever met. I have read the words of some of the most prolific and profound writers imaginable. I had the fortune of meeting a number of you in my travels and in yours. So every moment that I put into this effort was well rewarded with new friendships that have enriched my life.
Although most of you don’t know much about me, I will share some things with you at this time. In the 1970’s, I spent nearly ten years of my life as an activist for a cause I believed in. I learned a lot in those days about organizing people and using the media to our advantage. I tried to take those skills and use them in our Airleaf campaign. Now with the advent of the Internet, it was easier in many ways. It allowed me to put up websites to alert people, send out press releases to the media, and stay in touch with many of you via email. In the past when I was in my 20’s, I went up against some of the most worthy opponents—and won--including the Immigration and Naturalization Service (INS) in my battle to have Nazi War Criminals removed from this country, the New York Federal Court who did not allow people to view the deportation of a Nazi War Criminal, the City of Chicago (stopping neo-Nazi marches in Skokie, Illinois), the Russian government demanding the release of Russian Jews, and many others who were quite offensive to many people. I may not have won the war, but I certainly did win many battles.
Because of my younger years as an activist, I thought the Airleaf battle would be a piece of cake. It seemed so easy—people being robbed of their money. This was criminal—or so I thought. Little did I know that it wasn’t a crime to take people’s money under false pretenses in the State of Indiana. Silly me. I thought that robbing hundreds if not thousands of people would truly be against the law in any state in this country. It seemed so very cut and clear.
Sadly, at this point of time, I have come to realize that robbing people of millions of dollars is not a crime in Indiana—rather it is what they call “bad business.” Wow, I wish I was a crook. I know where I would relocate to. Indiana would be calling my name loud and clear. As I have told all of the officials that I have tried to convince to be on our side, I could set up a business selling dreams to people at $500.00 a shot, and if they didn’t come true, well, I could say at least I tried. Ha ha. No one there seemed to disagree with me.
The real culprits here are not just Carl Lau and Brien Jones. It’s the government of Indiana. In May of 2007, Airleaf was given an order through the Attorney General’s office stating that they would not conduct any more bad business with customers after having to pay out $12,000.00 to two authors and being issued an AVC order. When our first complaints started going to the AG’s office back in August when I sent the first of hundreds to come, nothing happened. Well, almost nothing. Actually, the Assistant AG at that time, Terry Tolliver, went with our police detective Jeff Buskirk to raid the Airleaf computers in October. This made me feel optimistic. But that was the end of the road. Nothing more came from that. When the new assistant AG took over, Tom Irons, he went to battle for us and a judgment was handed down five months after Airleaf closed. The problem was that the case stopped there. It was a “good will” gesture with no results. Carl Lau lost his home to the IRS, and supposedly his boat wasn’t worth going after. His partial ownership in the airplane wasn’t worth it either I suppose.
I believe that if anyone is guilty, it’s the government of Indiana that could have acted months before Airleaf shut down to demand that our money be returned, but they didn’t. And the final blow was when the U.S. Attorney, Timothy Morrison, refused to consider our case “criminal.”
I have pursued every possible course of action including writing to government officials in Washington, the President, every state representative and state senator in Indiana, the congressmen of the state, and the senators of the state. Heck, I even wrote to the governor’s wife pleading for help. Only one in over 80 representatives that I wrote to responded telling me that it wasn’t a State issue. So what’s new? I already figured that out with the overwhelming mounds of rejection that came my way in the form of silence.
I recently spoke to the lawyer of one of our victims who said we could pursue the case if we put up money. It would take lots of money—thousands of dollars. Then there is no guarantee that we would see anything. After all, Carl Lau lost his home and his business. What will we be able to take from? However, if a group of you would like to spend money pursuing this, please let me know.
So let me share some final thoughts with you.
Last year, a group of us began an author’s co-op, Books of Excellence. It’s a way for people to have a site they can refer people to if they don’t have their own website. We were overly ambitious in hoping people would buy five books a year from other authors. Some did; others did not. The majority of us decided this year just to pay yearly due for upkeep and publicity. I will be starting a new internet radio show in September with our authors one hour a week. This way, authors can promote their books via the computer radio stations and generate some business. We would be happy to have you join us. The cost to join is $60.00 for the first year which gives you a place on the front page of the website as well as your own page where you can advertise you and your books. After the first year, the dues are $25.00 a year. You can visit our site at www.BooksOfExcellence.com.
Many of you came to me with questions about republishing. There are three publishers that I feel confident in recommending to you. The first is my own publisher, CCB Publishing. Several dozen of us have republished there. You can read our testimonials on the website at www.CCBPublishing.com. The price is excellent, the service superb, and in a few weeks, your book is out in the market. Paul Rabinowitz, my publishing hero, works closely with each and every author day and night. He has all books distributed through not only local channels including Amazon and Barnes and Noble, but also the European channels, e-books, and his newest venture, The Expresso Book Machine. Here is some information about EBM:
CCB Publishing is pleased to announce a new distribution channel for its authors’ books. Placed primarily in bookstores and libraries, the Espresso Book Machine® (the “EBM”), a Time Magazine “Best Invention of 2007,” is essentially an ATM for books. The EBM automatically prints, binds and trims on demand at point of sale perfect-bound library-quality paperback books with full-color covers that are indistinguishable from most books on a bookstore shelf. The EBM can manufacture a 300-page book in less than 4 minutes while the customer waits. Books with black and white interiors will be universally available, while books with color interiors will only be available from certain sites. In addition to Time Magazine, this revolutionary new technology has been featured by The New York Times, Newsweek, Fortune, CNN and NPR.
Other participating publishers of note include John Wiley & Sons, Hachette Book Group, McGraw-Hill, Simon & Schuster, Clements Publishing, Information Age Publishing, Macmillan, University of California Press and W.W. Norton.
In addition to being featured at the Book Fair in London, England and at BookExpo America in New York City, there have been 16 EBM installations to date with many more planned. In addition to the following locations, current plans for 2009 include new installations in the United Kingdom through the Blackwell Ltd. chain of bookstores, in Australia through the Angus & Robertson chain and related bookstores, as well as in multiple locations at universities, bookstores and other retailers in North America and around the world.
Current locations:
• World Bank InfoShop, Washington, D.C., USA
• New York Public Library, New York, NY, USA
• New Orleans Public Library, New Orleans, LA, USA
• Internet Archive, San Francisco, CA, USA
• University of Michigan Library, Ann Arbor, MI, USA
• Northshire Bookstore, Manchester Center, VT, USA
• Brigham Young University Bookstore, Provo, UT, USA
• University of Alberta Bookstore, Edmonton, Alberta, Canada
• McMaster University Bookstore, Hamilton, Ontario, Canada
• University of Waterloo Bookstore, Ontario, Canada
• McGill University Library, Montreal, Quebec, Canada
• Newsstand UK, London, England
• Blackwell’s Bookstore, London, England
• Angus & Robertson Bookstore, Melbourne, Australia
• University of Melbourne, Melbourne, Australia
• Library of Alexandria, Alexandria, Egypt
Paul delivers what he promises—and everything is included in his one price of $750.00. This also includes 20 FREE BOOKS. If you would like to have your book listed as “returnable” for book store book signings, CCB can do this for the low cost of $100.00 for one year. If you check with other companies like Authorhouse, you’ll see that they charge $599.00 for this service. (Of course they are located in Indiana too, so don’t try to fight it!) You can also buy your books from Paul at $2.00 over the cost of printing plus shipping and handling.
The second publisher that I would like to recommend is Mountain Valley Publishing, owned by Bob Denton. I have come to know, care about, and appreciate Bob over the past year and a half. I wasn’t very nice to him in our early days, accusing him of working with Airleaf to hurt writers. I was wrong, and I know I’ve said it before—and I’ll say it again. Bob was used and manipulated by Airleaf as many other well-meaning employees were, and he did quit when he realized that there was no hope and authors were being screwed two months before the closing of Airleaf. He did try hard for authors, especially once Airleaf closed down. Bob was able—and is still able and willing-- to retrieve authors’ disks, and for many of them before the flood, their books that were sitting in the Airleaf offices. Sadly, once the flood came, Airleaf was flooded out along with nearly 50,000 books—and of course, no flood insurance.
Bob has republished books for many Airleaf authors. I have spoken with a number of them and they are always thrilled by his quickness, quality, and customer service. I have not heard one complaint yet from anyone using Mountain Valley Publishing—only words of praise. Bob does everything for authors from cover design, ISBN number, and bar code to Internet distribution. He has a special deal for Airleaf authors to republish your Airleaf book for $750.00 which includes 25 copies for free. If you want to buy your books, he only charges for the cost of printing plus shipping and handling which is an excellent deal. If authors have a new book, Bob will publish that for $995.00 and give authors 25 copies of the book which is still an excellent deal. You can write to Bob at bdenton308@comcast.net. You will find his contact information if you want to chat with him. You can also see his website at: www.MoutainValleyPublishing.com. Please read his list of testimonials from happy authors if you would like to become one of them.
One other publisher that I have heard wonderful things about is Helen Compton from Artship Publishing. Helen is a sponsor at our Books of Excellence co-op. Several of our victims are republishing with her and have the kindest words to say about their experiences with Helen. She gives tremendous thought and help with putting books together, designing the covers, and taking it through the publishing process. You can feel free to visit her site and get her contact information by visiting: http://www.galleryartship.com/ebook.html
On a side issue, I received a letter last week from a woman in Indiana. She wrote:
Bonnie,
My name is Linda and I have been following the Airleaf story with your group. I think you have a great group of writers there and I wondered if they would want to participate in a fundraiser to help raise money for cancer research. My relay for life team is going to have a celebrity auction and we're looking for writers willing to donate an autograph book or photo. If anyone would want to participate they can send them to
Linda Williams
309 E South St
Martinsville, IN 46151
This auction is in memory of two friends who lost their own battles with cancer; Rita Greenwood and Brenda Wisman. Thank you for your time.
Linda
If you would be willing to donate a book or two to this worthy cause, know that it will go for something positive in life. Please send your books to Linda at the above address.
Finally, I would like to thank all of you who put your faith in me. The battle of Airleaf Victims started for me during the year that I lost my beloved son, Jason, at the age of 23 due to his rare illness that was misdiagnosed in his final battle to live. Three years earlier, I had lost my daughter, Jennifer, age 22. My life was in a dark place when this battle began. I felt that life had robbed me of my greatest treasures, and now, once again, I was being robbed. I knew I couldn’t save my children—that was out of my control. But I didn’t want to feel like a victim. I always taught my children to stand up for something you believe in. I taught them that there are always hands reaching out to you—some to pull you up; other to drag you down. It’s my “Misery loves Company” theory of why people look to drag you down. I extended my hand with kindness in the hopes of pulling all of us out of the darkness that entered our lives when men with dishonorable intentions were lurking in our midst. Nearly 600 of you reached back and made this battle your battle so that you wouldn’t remain a victim—but rather a victor.
As I said earlier, I have met some of the finest people imaginable through this battle. I have relived your horrors story after story of how you were fooled and tricked into throwing your hard earned money out the window. There were many nights I cried myself to sleep thinking about your pain, and I made it my pain. Then I went through this horror all over again when some of our victims told me how they were being “re-victimized” by Brien Jones in his new company, Jones Harvest. Again I sent out notices to people to stop paying for services that will never happen. I gave Mr. Jones a run for his money, but he runs faster than me. I have over 80 letters from victims of his, but once again, the government of Indiana is impotent about making this a crime. At this point, I’m ending my battle against him as well. Too much negative energy is being wasted on one pathetic man. If authors aren’t willing to believe all the warnings put in front of them, well, so be it. Let their money be taken from them once again.
I would like to thank my predatory publishing guru Victoria Strauss for helping me through this maze and mess. Victoria was a constant source of inspiration, who helped me during some of my darkest moments when I kept feeling like throwing in the towel. Victoria and her partner, Ann Crispin, are the true fighters for the cause of predatory publishing. They have made this their life’s mission through their website Writer Beware. You can view their site at http://www.sfwa.org/beware/. Put that site in your favorites to keep referring back to because it will be a continued source of inspiration. Anytime you’re not sure about a company, check there first. Ask the experts who keep on top of this daily.
I would also like to thank Detective Jeff Buskirk from the Martinsville, Indiana police department. He made a hero’s effort to put this case together for us. He worked diligently day and night—and there were many nights—helping us present our proof of criminal action. Sadly, all of his efforts were also ignored. Jeff Buskirk helped me believe in the kindness of strangers. He could have said this wasn’t a case for him, but he never did that. He really needs to be commended for his good deeds in trying his best to “do the right thing.” I wish he lived in Philadelphia near me. He would truly be recognized for his good work.
Know that in moving ahead, I am always here for anyone who wants advice or for me to check out something for you. Please email me anytime at Bonkaye@aol.com. Many of you are my friends; some of you have become my extended family. We will always be linked through our tragedy, but we are survivors and have put life back together in spite of this.
Learn from this lesson, and hold your heads up high. You are receiving this email because you refused to walk away and chose to stand up and fight. For that reason alone, you are no longer a victim, but a victor.
Love, Bonnie Kaye
Dear Airleaf Victims and Friends,
I am writing this last correspondence to you to let you know that I am wrapping up my efforts on the Airleaf case. At this point of time, I have gone as far as I can go, and it’s time to let go. All of the petitions that many of you were kind enough to sign will be sent to the U.S. Attorney Timothy Morrison this week. If by some miracle he changes his mind after reading them, I will notify you immediately.
I wanted to make sure that I explored every possible course of action, but I have to accept that I have come to a dead end. As so many of you have told me, it’s time to let go. From my point of view, there has been no justice for the Airleaf Victims. The fact that Airleaf closed down was due to our efforts in stopping their cash flow—not government efforts to stop the fraudulence. Airleaf was run by con men. They were experts in making people believe that we could become famous authors through a series of publicity efforts, which in almost every case, never happened. There were no European book fairs, no Bowker reviews, no Carnival cruise, or no Hollywood movies. There was just continued scamming of good people who worked long and hard at becoming authors.
Should you be angry? Of course you should. Most of you were taken for your hard work and hard earned money while others profited off of your innocence with airplanes, boats, trips to Hollywood where sordid affairs took place, and a plush life style built off of your suffering. In addition to the thieves who took your money so willingly but refused to provide you with the promised services, we had the State of Indiana to contend with. Its lack of concern for thieves in their State will always be my greatest reminder of how government doesn’t care about its people.
This has been a wonderful experience for me because it has given me the unique opportunity to get to know so many of you. I have developed life-time friendships with some of the most wonderful people I have ever met. I have read the words of some of the most prolific and profound writers imaginable. I had the fortune of meeting a number of you in my travels and in yours. So every moment that I put into this effort was well rewarded with new friendships that have enriched my life.
Although most of you don’t know much about me, I will share some things with you at this time. In the 1970’s, I spent nearly ten years of my life as an activist for a cause I believed in. I learned a lot in those days about organizing people and using the media to our advantage. I tried to take those skills and use them in our Airleaf campaign. Now with the advent of the Internet, it was easier in many ways. It allowed me to put up websites to alert people, send out press releases to the media, and stay in touch with many of you via email. In the past when I was in my 20’s, I went up against some of the most worthy opponents—and won--including the Immigration and Naturalization Service (INS) in my battle to have Nazi War Criminals removed from this country, the New York Federal Court who did not allow people to view the deportation of a Nazi War Criminal, the City of Chicago (stopping neo-Nazi marches in Skokie, Illinois), the Russian government demanding the release of Russian Jews, and many others who were quite offensive to many people. I may not have won the war, but I certainly did win many battles.
Because of my younger years as an activist, I thought the Airleaf battle would be a piece of cake. It seemed so easy—people being robbed of their money. This was criminal—or so I thought. Little did I know that it wasn’t a crime to take people’s money under false pretenses in the State of Indiana. Silly me. I thought that robbing hundreds if not thousands of people would truly be against the law in any state in this country. It seemed so very cut and clear.
Sadly, at this point of time, I have come to realize that robbing people of millions of dollars is not a crime in Indiana—rather it is what they call “bad business.” Wow, I wish I was a crook. I know where I would relocate to. Indiana would be calling my name loud and clear. As I have told all of the officials that I have tried to convince to be on our side, I could set up a business selling dreams to people at $500.00 a shot, and if they didn’t come true, well, I could say at least I tried. Ha ha. No one there seemed to disagree with me.
The real culprits here are not just Carl Lau and Brien Jones. It’s the government of Indiana. In May of 2007, Airleaf was given an order through the Attorney General’s office stating that they would not conduct any more bad business with customers after having to pay out $12,000.00 to two authors and being issued an AVC order. When our first complaints started going to the AG’s office back in August when I sent the first of hundreds to come, nothing happened. Well, almost nothing. Actually, the Assistant AG at that time, Terry Tolliver, went with our police detective Jeff Buskirk to raid the Airleaf computers in October. This made me feel optimistic. But that was the end of the road. Nothing more came from that. When the new assistant AG took over, Tom Irons, he went to battle for us and a judgment was handed down five months after Airleaf closed. The problem was that the case stopped there. It was a “good will” gesture with no results. Carl Lau lost his home to the IRS, and supposedly his boat wasn’t worth going after. His partial ownership in the airplane wasn’t worth it either I suppose.
I believe that if anyone is guilty, it’s the government of Indiana that could have acted months before Airleaf shut down to demand that our money be returned, but they didn’t. And the final blow was when the U.S. Attorney, Timothy Morrison, refused to consider our case “criminal.”
I have pursued every possible course of action including writing to government officials in Washington, the President, every state representative and state senator in Indiana, the congressmen of the state, and the senators of the state. Heck, I even wrote to the governor’s wife pleading for help. Only one in over 80 representatives that I wrote to responded telling me that it wasn’t a State issue. So what’s new? I already figured that out with the overwhelming mounds of rejection that came my way in the form of silence.
I recently spoke to the lawyer of one of our victims who said we could pursue the case if we put up money. It would take lots of money—thousands of dollars. Then there is no guarantee that we would see anything. After all, Carl Lau lost his home and his business. What will we be able to take from? However, if a group of you would like to spend money pursuing this, please let me know.
So let me share some final thoughts with you.
Last year, a group of us began an author’s co-op, Books of Excellence. It’s a way for people to have a site they can refer people to if they don’t have their own website. We were overly ambitious in hoping people would buy five books a year from other authors. Some did; others did not. The majority of us decided this year just to pay yearly due for upkeep and publicity. I will be starting a new internet radio show in September with our authors one hour a week. This way, authors can promote their books via the computer radio stations and generate some business. We would be happy to have you join us. The cost to join is $60.00 for the first year which gives you a place on the front page of the website as well as your own page where you can advertise you and your books. After the first year, the dues are $25.00 a year. You can visit our site at www.BooksOfExcellence.com.
Many of you came to me with questions about republishing. There are three publishers that I feel confident in recommending to you. The first is my own publisher, CCB Publishing. Several dozen of us have republished there. You can read our testimonials on the website at www.CCBPublishing.com. The price is excellent, the service superb, and in a few weeks, your book is out in the market. Paul Rabinowitz, my publishing hero, works closely with each and every author day and night. He has all books distributed through not only local channels including Amazon and Barnes and Noble, but also the European channels, e-books, and his newest venture, The Expresso Book Machine. Here is some information about EBM:
CCB Publishing is pleased to announce a new distribution channel for its authors’ books. Placed primarily in bookstores and libraries, the Espresso Book Machine® (the “EBM”), a Time Magazine “Best Invention of 2007,” is essentially an ATM for books. The EBM automatically prints, binds and trims on demand at point of sale perfect-bound library-quality paperback books with full-color covers that are indistinguishable from most books on a bookstore shelf. The EBM can manufacture a 300-page book in less than 4 minutes while the customer waits. Books with black and white interiors will be universally available, while books with color interiors will only be available from certain sites. In addition to Time Magazine, this revolutionary new technology has been featured by The New York Times, Newsweek, Fortune, CNN and NPR.
Other participating publishers of note include John Wiley & Sons, Hachette Book Group, McGraw-Hill, Simon & Schuster, Clements Publishing, Information Age Publishing, Macmillan, University of California Press and W.W. Norton.
In addition to being featured at the Book Fair in London, England and at BookExpo America in New York City, there have been 16 EBM installations to date with many more planned. In addition to the following locations, current plans for 2009 include new installations in the United Kingdom through the Blackwell Ltd. chain of bookstores, in Australia through the Angus & Robertson chain and related bookstores, as well as in multiple locations at universities, bookstores and other retailers in North America and around the world.
Current locations:
• World Bank InfoShop, Washington, D.C., USA
• New York Public Library, New York, NY, USA
• New Orleans Public Library, New Orleans, LA, USA
• Internet Archive, San Francisco, CA, USA
• University of Michigan Library, Ann Arbor, MI, USA
• Northshire Bookstore, Manchester Center, VT, USA
• Brigham Young University Bookstore, Provo, UT, USA
• University of Alberta Bookstore, Edmonton, Alberta, Canada
• McMaster University Bookstore, Hamilton, Ontario, Canada
• University of Waterloo Bookstore, Ontario, Canada
• McGill University Library, Montreal, Quebec, Canada
• Newsstand UK, London, England
• Blackwell’s Bookstore, London, England
• Angus & Robertson Bookstore, Melbourne, Australia
• University of Melbourne, Melbourne, Australia
• Library of Alexandria, Alexandria, Egypt
Paul delivers what he promises—and everything is included in his one price of $750.00. This also includes 20 FREE BOOKS. If you would like to have your book listed as “returnable” for book store book signings, CCB can do this for the low cost of $100.00 for one year. If you check with other companies like Authorhouse, you’ll see that they charge $599.00 for this service. (Of course they are located in Indiana too, so don’t try to fight it!) You can also buy your books from Paul at $2.00 over the cost of printing plus shipping and handling.
The second publisher that I would like to recommend is Mountain Valley Publishing, owned by Bob Denton. I have come to know, care about, and appreciate Bob over the past year and a half. I wasn’t very nice to him in our early days, accusing him of working with Airleaf to hurt writers. I was wrong, and I know I’ve said it before—and I’ll say it again. Bob was used and manipulated by Airleaf as many other well-meaning employees were, and he did quit when he realized that there was no hope and authors were being screwed two months before the closing of Airleaf. He did try hard for authors, especially once Airleaf closed down. Bob was able—and is still able and willing-- to retrieve authors’ disks, and for many of them before the flood, their books that were sitting in the Airleaf offices. Sadly, once the flood came, Airleaf was flooded out along with nearly 50,000 books—and of course, no flood insurance.
Bob has republished books for many Airleaf authors. I have spoken with a number of them and they are always thrilled by his quickness, quality, and customer service. I have not heard one complaint yet from anyone using Mountain Valley Publishing—only words of praise. Bob does everything for authors from cover design, ISBN number, and bar code to Internet distribution. He has a special deal for Airleaf authors to republish your Airleaf book for $750.00 which includes 25 copies for free. If you want to buy your books, he only charges for the cost of printing plus shipping and handling which is an excellent deal. If authors have a new book, Bob will publish that for $995.00 and give authors 25 copies of the book which is still an excellent deal. You can write to Bob at bdenton308@comcast.net. You will find his contact information if you want to chat with him. You can also see his website at: www.MoutainValleyPublishing.com. Please read his list of testimonials from happy authors if you would like to become one of them.
One other publisher that I have heard wonderful things about is Helen Compton from Artship Publishing. Helen is a sponsor at our Books of Excellence co-op. Several of our victims are republishing with her and have the kindest words to say about their experiences with Helen. She gives tremendous thought and help with putting books together, designing the covers, and taking it through the publishing process. You can feel free to visit her site and get her contact information by visiting: http://www.galleryartship.com/ebook.html
On a side issue, I received a letter last week from a woman in Indiana. She wrote:
Bonnie,
My name is Linda and I have been following the Airleaf story with your group. I think you have a great group of writers there and I wondered if they would want to participate in a fundraiser to help raise money for cancer research. My relay for life team is going to have a celebrity auction and we're looking for writers willing to donate an autograph book or photo. If anyone would want to participate they can send them to
Linda Williams
309 E South St
Martinsville, IN 46151
This auction is in memory of two friends who lost their own battles with cancer; Rita Greenwood and Brenda Wisman. Thank you for your time.
Linda
If you would be willing to donate a book or two to this worthy cause, know that it will go for something positive in life. Please send your books to Linda at the above address.
Finally, I would like to thank all of you who put your faith in me. The battle of Airleaf Victims started for me during the year that I lost my beloved son, Jason, at the age of 23 due to his rare illness that was misdiagnosed in his final battle to live. Three years earlier, I had lost my daughter, Jennifer, age 22. My life was in a dark place when this battle began. I felt that life had robbed me of my greatest treasures, and now, once again, I was being robbed. I knew I couldn’t save my children—that was out of my control. But I didn’t want to feel like a victim. I always taught my children to stand up for something you believe in. I taught them that there are always hands reaching out to you—some to pull you up; other to drag you down. It’s my “Misery loves Company” theory of why people look to drag you down. I extended my hand with kindness in the hopes of pulling all of us out of the darkness that entered our lives when men with dishonorable intentions were lurking in our midst. Nearly 600 of you reached back and made this battle your battle so that you wouldn’t remain a victim—but rather a victor.
As I said earlier, I have met some of the finest people imaginable through this battle. I have relived your horrors story after story of how you were fooled and tricked into throwing your hard earned money out the window. There were many nights I cried myself to sleep thinking about your pain, and I made it my pain. Then I went through this horror all over again when some of our victims told me how they were being “re-victimized” by Brien Jones in his new company, Jones Harvest. Again I sent out notices to people to stop paying for services that will never happen. I gave Mr. Jones a run for his money, but he runs faster than me. I have over 80 letters from victims of his, but once again, the government of Indiana is impotent about making this a crime. At this point, I’m ending my battle against him as well. Too much negative energy is being wasted on one pathetic man. If authors aren’t willing to believe all the warnings put in front of them, well, so be it. Let their money be taken from them once again.
I would like to thank my predatory publishing guru Victoria Strauss for helping me through this maze and mess. Victoria was a constant source of inspiration, who helped me during some of my darkest moments when I kept feeling like throwing in the towel. Victoria and her partner, Ann Crispin, are the true fighters for the cause of predatory publishing. They have made this their life’s mission through their website Writer Beware. You can view their site at http://www.sfwa.org/beware/. Put that site in your favorites to keep referring back to because it will be a continued source of inspiration. Anytime you’re not sure about a company, check there first. Ask the experts who keep on top of this daily.
I would also like to thank Detective Jeff Buskirk from the Martinsville, Indiana police department. He made a hero’s effort to put this case together for us. He worked diligently day and night—and there were many nights—helping us present our proof of criminal action. Sadly, all of his efforts were also ignored. Jeff Buskirk helped me believe in the kindness of strangers. He could have said this wasn’t a case for him, but he never did that. He really needs to be commended for his good deeds in trying his best to “do the right thing.” I wish he lived in Philadelphia near me. He would truly be recognized for his good work.
Know that in moving ahead, I am always here for anyone who wants advice or for me to check out something for you. Please email me anytime at Bonkaye@aol.com. Many of you are my friends; some of you have become my extended family. We will always be linked through our tragedy, but we are survivors and have put life back together in spite of this.
Learn from this lesson, and hold your heads up high. You are receiving this email because you refused to walk away and chose to stand up and fight. For that reason alone, you are no longer a victim, but a victor.
Love, Bonnie Kaye
Saturday, May 10, 2008
Airleaf Victims Update May 10, 2008
AIRLEAF VICTIMS UPDATE MAY 10, 2008
Dear Airleaf Friends and Victims,
This is an important week of victory for all of us. It's not the kind of victory that we were hoping for yet—meaning getting back our money or getting recognition by the media that we as a group made this happen—but it is acknowledgement of our plight by the same government agency that I hold responsible for putting us in this position to start with.
By now, you've gotten my message that on Thursday, May 8, the Attorney General of Indiana, Steve Carter, gave this public announcement:
Indiana Attorney General Steve Carter has filed a lawsuit against book publisher and promoter Airleaf, LLC for taking money without providing the promised services in return. The lawsuit is seeking consumer restitution for at least 120 customers.
"More than 120 people are named in the lawsuit, including many from Indiana who lost thousands of dollars,” said Carter. “In fact, hundreds more may have lost money. They paid for services. Airleaf did not deliver, and now, those consumers deserve refunds.”
The lawsuit, filed in the Morgan Circuit Court, alleges Airleaf, formerly known as Bookman Marketing, LLC, and its owner, Carl Lau, violated Indiana’s Deceptive Consumer Sales Act. It states that the company advertised that it would provide book publishing, royalty reimbursement and promotional services to consumers in exchange for payment. The promotional services included in-person participation at book fairs, presentations to Hollywood movie producers, and newspaper, radio and television advertisements.
The lawsuit alleges that Airleaf accepted payment but failed to honor all, or part, of the Client Service Agreements and other agreements, dating back to at least January 2006. It also states than Lau used Airleaf assets and consumer payments to cover expenses unrelated to the business, and that Lau continued to solicit business and accept payments months after he indicated that Airleaf was insolvent
In addition to consumer restitution, the attorney general’s office is seeking civil penalties of up to $5,500 per violation, as well as investigative costs.
So here's what it really means.
1.We have won a victory in the sense that a suit has been filed against Airleaf.
2.Chances are, Airleaf will claim bankruptcy as well as its owner, Carl Lau.
3.It's hard to tell if assets will be uncovered that can be seized to use to reimburse us at this particular time.
4.At least this will stop Carl Lau from ever doing business again.
5.Most importantly at this time, it should be able to push this case to the next level, the federal level, where criminal charges can be brought against the criminals which hopefully will translate into jail time.
6.This case will have government officials more carefully monitoring other companies who are already repeating the Airleaf fraudulence or who plan to.
It's not the end of battle by a long shot. In fact, it's just the beginning. And this will be a long battle. Carl Lau is counting on our anger to pass, our memories to fade, and for our frustration to make us give up. WE CAN'T. We must remain vigilant in our efforts to see this man and other fraudsters punished accordingly. So, hang in there with me fellow victims. Let's not give up one inch or one ounce. I know this is a lengthy battle ahead of us, but we will stick together until we win.
One question that people have asked me is if they are one of the 120 people that the state of Indiana have sued for. I spoke with my hero, Tom Irons, who handled our case in the AG's office, and he explained that the AG's office can only go back for a two year period to file suit. That means the cases they filed had to be from 2006 –2008.
In Tom's words:
My office does not have any statutory authority to include anyone who dealt with/contracted with Airleaf/Bookman before May 2006. That is why many consumers that filed a consumer complaint with my office were not included in the lawsuit and why those similarly situated and who have not filed a complaint with us should not now do so.
However, each victim has an individual right to hire a private attorney to sue under any contract/agreement up to six years old. Of course the time and money to pursue individual suits in this particular situation does not appear at this point to be justified. I’ll let you know when the lawsuit has been posted on our website--I expect that to happen next week.
Our reality is that Airleaf may not have money per se to pay us back; however, if the federal criminal charges are pressed, Carl Lau may want to negotiate some sort of financial settlement with us. Maybe that's why he's selling our books back to us in order to raise money. (That's my jaded sense of humor—sorry!)
The government will be responsible for finding out what assets Carl Lau has or what assets he has hidden. Only then will we know for sure what money is available to be given back. After the case is posted on the AG website, I'll let you know by email so you can check and see if your name is posted.
Here are some of my personal thoughts on this issue.
I am overly grateful to Tom Irons who took over the job of Terry Tolliver in this case. It was through his persistence that this case was taken seriously and the suit was filed. He did the work on our behalf. He also was the best and most receptive government official I have ever spoken with in my entire life. He was always available to listen to my concerns and complaints; he was never evasive or rude. He's the kind of man that we hope to get in government but rarely find. Even though Steve Carter's name is mentioned in all of the articles concerning this case, he was not the one who helped us. If anything, I hold him responsible for us losing our money. Why? Because after his office issued an AVC order in May of 2007, it was his office's responsibility to watch out for us and to protect us. His office should have been closely monitoring Airleaf after that warning issued.
In one of my January updates, I posted this about the AG's office:
An AVC or Assurance of Voluntary Compliance was issued to Airleaf. An AVC, according to the website of Steve Carter, AG of Indiana is:
An agreement reached between the State and one or more respondents stipulating the conditions under which the respondent(s) will conduct business in the future. An AVC may require the defendant(s) to pay consumer restitution and investigative costs to the attorney general’s office. The document is filed with the court but is not an admission of guilt or liability for any legal offense. The State has a legal right to go back to court if information becomes available that the defendant is not abiding by the terms of the AVC.
This happened to Airleaf on May 25, 2007. Two authors appealed to the AG’s office to help them, and they won. I’ve read through the document, and according to the decision, I cut and pasted some of the major points:
The terms of this Assurance apply to and are binding upon the Respondent, its employees, agents, representatives, successors, and assigns.
The Respondent acknowledges the jurisdiction of the Consumer Protection Division of the Office of the Attorney General to investigate matters hereinafter described, pursuant to the authority of the Indiana Code.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, the subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have, which the Respondent knows or reasonably should know it does not have.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, the Respondent has a sponsorship, approval, or affiliation in a consumer transaction it does not have, and which the Respondent knows or reasonably should know it does not have.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, the Respondent is able to deliver or complete the subject of the consumer transaction within a stated, or reasonable, period of time, when the Respondent knows or should reasonably know it could not.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, a consumer will be able to purchase an item as advertised by the Respondent, if the Respondent does not intend to sell it.
The Respondent shall fully cooperate with the Office of the Attorney General in the resolution of any future written complaints the Consumer Protection Division receives. This shall include, but is not limited to, the Respondent promptly resolving any additional valid consumer complaints brought to the Respondent's attention by the Office of the Attorney General, either prior to, or after the filing of, this Assurance with the Court.
Upon execution of this Assurance, the Respondent shall pay costs in the amount of One Thousand Dollars ($1,000.00) to the Office of the Attorney General. The Respondent shall fully cooperate with the Office of the Attorney General in the resolution of any future written complaints the Consumer Protection Division receives. This shall include, but is not limited to, the Respondent promptly resolving any additional valid consumer complaints brought to the Respondent's attention by the Office of the Attorney General, either prior to, or after the filing of, this Assurance with the Court.
This is to remind you that the AG's office warned Airleaf back in May of 2007 that this warning would include any additional valid consumer complaints. By October, we had over 100 consumer complaints into that office, but nothing was done to stop Airleaf from operating. They should have been watched carefully from the moment that MY complaint was filed as the first one in this group back in August.
And so, our victory is bitter/sweet. Bitter because if the AG's office had been doing their job, chances are some of us would have had our money back. Sweet because at least we are being recognized as a force to deal with, thanks again to Tom Irons.
We have to also thank Detective Jeff Buskirk who believed in our case. He was willing to compile all of the information to help out the legal authorities.
I'll keep you updated on events as they transpire.
Another thought—I think it's amazing that news reporters are reporting this story but not the story about the Airleaf Victims who forced Airleaf to close its doors and pushed the AG's office into the suit by sending massive complaints. I have sent information to every press source which is doing this. I'll keep you posted on that as well.
BOOK ANNOUNCEMENTS
Each week I am happy to promote your books in this update. If you have new books being published, feel free to share them with the group.
“I Know How A Butterfly Feels” by Ann Palmer - Who doesn't fanaticize about reuniting with their unrequited teenage love? It may be that it becomes more of a desire or secret yearning as we age. When we review our passing years we ask ourselves - "what if..." Few of us are granted that opportunity to try to recapture our past first love. Ann Palmer found him and shares that experience with you. How many men spend years longing to get behind the wheel of an RV and take just off for months of travel across most of the western United States? How many women wonder what it would be like to hop in a motor home and travel the U.S.A. alone? Ann did it and shares her ups and down experiences with you. What realizations can come out of physical as well as an emotional journey within? Read "I Know How A Butterfly Feels," and see for yourself. Do you live in a Cocoon?
“I have spent many years researching world religions and pre-Christian cultures. Had my ego not needed bolstering perhaps my choice would have been archeology or anthropology. All this led me to teaching, leading seminars and creating audio tapes. Thank you for sharing your time with me.” Ann Palmer 1314 Tunnel Rd – Asheville, NC 28805 – (828) 298 3560 –Visit: AnnPalmer.net AnnInAsheivlle@aol.com
By Cary Black
Zen and the Art of Cooking Beer-Can Chicken is the definitive cookbook written about preparing beer-can chicken. The book was written with recipes designed to go with simple beer-cans or with any of the new beer-can style cookers that have emerged in the market.
Featuring recipes for rubs, marinades, brining, and injecting, this book covers the gamut of cooking beer-can poultry. It was written with humor and simplicity and with hilarious illustrations done by he author’s father. Additionally, the book features chapters on cooking beer-can turkeys, some awesome accompaniment dishes and some interesting desserts.
The beer-can style of cooking is fast becoming America’s choice for preparing poultry. As the bird cooks, the fats drain away, while the inside of the bird is continuously infused with moisture. The result is a nutritious, tasty, and moist chicken meal.
See Cary's beautiful website at http://www.redowlpublications.com/ for more information.
That's it for this week. Hang in there…better days are ahead!
With love and hope,
Bonnie
Dear Airleaf Friends and Victims,
This is an important week of victory for all of us. It's not the kind of victory that we were hoping for yet—meaning getting back our money or getting recognition by the media that we as a group made this happen—but it is acknowledgement of our plight by the same government agency that I hold responsible for putting us in this position to start with.
By now, you've gotten my message that on Thursday, May 8, the Attorney General of Indiana, Steve Carter, gave this public announcement:
Indiana Attorney General Steve Carter has filed a lawsuit against book publisher and promoter Airleaf, LLC for taking money without providing the promised services in return. The lawsuit is seeking consumer restitution for at least 120 customers.
"More than 120 people are named in the lawsuit, including many from Indiana who lost thousands of dollars,” said Carter. “In fact, hundreds more may have lost money. They paid for services. Airleaf did not deliver, and now, those consumers deserve refunds.”
The lawsuit, filed in the Morgan Circuit Court, alleges Airleaf, formerly known as Bookman Marketing, LLC, and its owner, Carl Lau, violated Indiana’s Deceptive Consumer Sales Act. It states that the company advertised that it would provide book publishing, royalty reimbursement and promotional services to consumers in exchange for payment. The promotional services included in-person participation at book fairs, presentations to Hollywood movie producers, and newspaper, radio and television advertisements.
The lawsuit alleges that Airleaf accepted payment but failed to honor all, or part, of the Client Service Agreements and other agreements, dating back to at least January 2006. It also states than Lau used Airleaf assets and consumer payments to cover expenses unrelated to the business, and that Lau continued to solicit business and accept payments months after he indicated that Airleaf was insolvent
In addition to consumer restitution, the attorney general’s office is seeking civil penalties of up to $5,500 per violation, as well as investigative costs.
So here's what it really means.
1.We have won a victory in the sense that a suit has been filed against Airleaf.
2.Chances are, Airleaf will claim bankruptcy as well as its owner, Carl Lau.
3.It's hard to tell if assets will be uncovered that can be seized to use to reimburse us at this particular time.
4.At least this will stop Carl Lau from ever doing business again.
5.Most importantly at this time, it should be able to push this case to the next level, the federal level, where criminal charges can be brought against the criminals which hopefully will translate into jail time.
6.This case will have government officials more carefully monitoring other companies who are already repeating the Airleaf fraudulence or who plan to.
It's not the end of battle by a long shot. In fact, it's just the beginning. And this will be a long battle. Carl Lau is counting on our anger to pass, our memories to fade, and for our frustration to make us give up. WE CAN'T. We must remain vigilant in our efforts to see this man and other fraudsters punished accordingly. So, hang in there with me fellow victims. Let's not give up one inch or one ounce. I know this is a lengthy battle ahead of us, but we will stick together until we win.
One question that people have asked me is if they are one of the 120 people that the state of Indiana have sued for. I spoke with my hero, Tom Irons, who handled our case in the AG's office, and he explained that the AG's office can only go back for a two year period to file suit. That means the cases they filed had to be from 2006 –2008.
In Tom's words:
My office does not have any statutory authority to include anyone who dealt with/contracted with Airleaf/Bookman before May 2006. That is why many consumers that filed a consumer complaint with my office were not included in the lawsuit and why those similarly situated and who have not filed a complaint with us should not now do so.
However, each victim has an individual right to hire a private attorney to sue under any contract/agreement up to six years old. Of course the time and money to pursue individual suits in this particular situation does not appear at this point to be justified. I’ll let you know when the lawsuit has been posted on our website--I expect that to happen next week.
Our reality is that Airleaf may not have money per se to pay us back; however, if the federal criminal charges are pressed, Carl Lau may want to negotiate some sort of financial settlement with us. Maybe that's why he's selling our books back to us in order to raise money. (That's my jaded sense of humor—sorry!)
The government will be responsible for finding out what assets Carl Lau has or what assets he has hidden. Only then will we know for sure what money is available to be given back. After the case is posted on the AG website, I'll let you know by email so you can check and see if your name is posted.
Here are some of my personal thoughts on this issue.
I am overly grateful to Tom Irons who took over the job of Terry Tolliver in this case. It was through his persistence that this case was taken seriously and the suit was filed. He did the work on our behalf. He also was the best and most receptive government official I have ever spoken with in my entire life. He was always available to listen to my concerns and complaints; he was never evasive or rude. He's the kind of man that we hope to get in government but rarely find. Even though Steve Carter's name is mentioned in all of the articles concerning this case, he was not the one who helped us. If anything, I hold him responsible for us losing our money. Why? Because after his office issued an AVC order in May of 2007, it was his office's responsibility to watch out for us and to protect us. His office should have been closely monitoring Airleaf after that warning issued.
In one of my January updates, I posted this about the AG's office:
An AVC or Assurance of Voluntary Compliance was issued to Airleaf. An AVC, according to the website of Steve Carter, AG of Indiana is:
An agreement reached between the State and one or more respondents stipulating the conditions under which the respondent(s) will conduct business in the future. An AVC may require the defendant(s) to pay consumer restitution and investigative costs to the attorney general’s office. The document is filed with the court but is not an admission of guilt or liability for any legal offense. The State has a legal right to go back to court if information becomes available that the defendant is not abiding by the terms of the AVC.
This happened to Airleaf on May 25, 2007. Two authors appealed to the AG’s office to help them, and they won. I’ve read through the document, and according to the decision, I cut and pasted some of the major points:
The terms of this Assurance apply to and are binding upon the Respondent, its employees, agents, representatives, successors, and assigns.
The Respondent acknowledges the jurisdiction of the Consumer Protection Division of the Office of the Attorney General to investigate matters hereinafter described, pursuant to the authority of the Indiana Code.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, the subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have, which the Respondent knows or reasonably should know it does not have.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, the Respondent has a sponsorship, approval, or affiliation in a consumer transaction it does not have, and which the Respondent knows or reasonably should know it does not have.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, the Respondent is able to deliver or complete the subject of the consumer transaction within a stated, or reasonable, period of time, when the Respondent knows or should reasonably know it could not.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, a consumer will be able to purchase an item as advertised by the Respondent, if the Respondent does not intend to sell it.
The Respondent shall fully cooperate with the Office of the Attorney General in the resolution of any future written complaints the Consumer Protection Division receives. This shall include, but is not limited to, the Respondent promptly resolving any additional valid consumer complaints brought to the Respondent's attention by the Office of the Attorney General, either prior to, or after the filing of, this Assurance with the Court.
Upon execution of this Assurance, the Respondent shall pay costs in the amount of One Thousand Dollars ($1,000.00) to the Office of the Attorney General. The Respondent shall fully cooperate with the Office of the Attorney General in the resolution of any future written complaints the Consumer Protection Division receives. This shall include, but is not limited to, the Respondent promptly resolving any additional valid consumer complaints brought to the Respondent's attention by the Office of the Attorney General, either prior to, or after the filing of, this Assurance with the Court.
This is to remind you that the AG's office warned Airleaf back in May of 2007 that this warning would include any additional valid consumer complaints. By October, we had over 100 consumer complaints into that office, but nothing was done to stop Airleaf from operating. They should have been watched carefully from the moment that MY complaint was filed as the first one in this group back in August.
And so, our victory is bitter/sweet. Bitter because if the AG's office had been doing their job, chances are some of us would have had our money back. Sweet because at least we are being recognized as a force to deal with, thanks again to Tom Irons.
We have to also thank Detective Jeff Buskirk who believed in our case. He was willing to compile all of the information to help out the legal authorities.
I'll keep you updated on events as they transpire.
Another thought—I think it's amazing that news reporters are reporting this story but not the story about the Airleaf Victims who forced Airleaf to close its doors and pushed the AG's office into the suit by sending massive complaints. I have sent information to every press source which is doing this. I'll keep you posted on that as well.
BOOK ANNOUNCEMENTS
Each week I am happy to promote your books in this update. If you have new books being published, feel free to share them with the group.
“I Know How A Butterfly Feels” by Ann Palmer - Who doesn't fanaticize about reuniting with their unrequited teenage love? It may be that it becomes more of a desire or secret yearning as we age. When we review our passing years we ask ourselves - "what if..." Few of us are granted that opportunity to try to recapture our past first love. Ann Palmer found him and shares that experience with you. How many men spend years longing to get behind the wheel of an RV and take just off for months of travel across most of the western United States? How many women wonder what it would be like to hop in a motor home and travel the U.S.A. alone? Ann did it and shares her ups and down experiences with you. What realizations can come out of physical as well as an emotional journey within? Read "I Know How A Butterfly Feels," and see for yourself. Do you live in a Cocoon?
“I have spent many years researching world religions and pre-Christian cultures. Had my ego not needed bolstering perhaps my choice would have been archeology or anthropology. All this led me to teaching, leading seminars and creating audio tapes. Thank you for sharing your time with me.” Ann Palmer 1314 Tunnel Rd – Asheville, NC 28805 – (828) 298 3560 –Visit: AnnPalmer.net AnnInAsheivlle@aol.com
By Cary Black
Zen and the Art of Cooking Beer-Can Chicken is the definitive cookbook written about preparing beer-can chicken. The book was written with recipes designed to go with simple beer-cans or with any of the new beer-can style cookers that have emerged in the market.
Featuring recipes for rubs, marinades, brining, and injecting, this book covers the gamut of cooking beer-can poultry. It was written with humor and simplicity and with hilarious illustrations done by he author’s father. Additionally, the book features chapters on cooking beer-can turkeys, some awesome accompaniment dishes and some interesting desserts.
The beer-can style of cooking is fast becoming America’s choice for preparing poultry. As the bird cooks, the fats drain away, while the inside of the bird is continuously infused with moisture. The result is a nutritious, tasty, and moist chicken meal.
See Cary's beautiful website at http://www.redowlpublications.com/ for more information.
That's it for this week. Hang in there…better days are ahead!
With love and hope,
Bonnie
Saturday, February 2, 2008
AIRLEAF VICTIMS UPDATE FEBRUARY 2, 2008
February 2, 2008
Dear Airleaf Victims and Friends,
As of today, we have 391 members in our Airleaf Victims group. Each week, more people are finding us as they try to call Airleaf or check their website only to find they have vanished.
Earlier in the week, I spoke to Detective Buskirk. He is moving along with the case, and as of the time of our conversation, he had 256 official complaints from our group. He is preparing his case to present to the federal agencies which can bring criminal charges against the people from Airleaf who have victimized us. I am hoping that we will see some concrete results this month. He is also trying to arrange times when authors who want to pick up their files and books can do so and hopes that will happen shortly. Hang in, and I’ll keep you posted.
Yesterday, I spoke with Tom Irons from the Attorney General’s office. Tom is a very nice man who took over the case from Terry Tolliver after Tolliver left several months ago. Until that point, the incoming complaint files were just being compiled by paralegal Raven Bobbio, but it appears nothing more than that happened in the interim. After having my second in-depth conversation with Tom, I realized that regardless of how strong of a case we currently have (he told me new complaints are still coming in each week from our group), there is nothing very meaningful that his office can do at this time. In as much as the AG’s office can only bring civil charges, and in view of the fact that Airleaf is now shut down thanks to our efforts, his office is somewhat at a loss of taking meaningful action. He went through all of the steps that their office would have to go through to get to get to court with Carl Lau, and it sounds very overwhelming as far as getting us real results.
And so we will have to put our faith in the federal agencies such as the FBI, Postal Inspector, and US Attorney in Indiana for getting meaningful resolve. I did explain to him that I hold the AG’s office responsible for allowing things to get to this point since they were aware of our situation and sat on it for so long. The AG’s office was aware of Airleaf last year when they made settlement with two other authors, issued them a warning as I’ve mentioned in an earlier update, and sat on it when our complaints started coming in to them. Since the AG’s office is responsible for consumer fraud, I contend that it was their responsibility to protect us. If they could have put an injunction against Airleaf until our issues were resolved, many of our victims who were taken after August when our complaints started flowing in could have been saved. In the days ahead, I will be asking for accountability of that agency with other government officials who oversee that office.
I’m sure if Tom were there during our tribulations, he would have been very responsive, but he started in this job too late. However, he is going to pursue whatever action he can for us, and he is working to organize a case from the complaints that have been filed to see if he can put together a civil complaint for restitution for us. I will check back with him next month to see how he is progressing.
I recently asked the group if you have documentation about the “Hollywood Pitches” that Airleaf charge you for to take your books to Hollywood. Seven of you saved the information that was sent to you with the report and mailed me copies to compare. It was no surprise that they were the standard printed letters that I expected to find. I’d like to share this with you.
First—here was the confirmation to authors:
Dear _______________
This agreement is for the “Face to Face Hollywood” program, where your book will be discussed in meetings set with Hollywood producers.
Per our agreement we will create a “Film Treatment” of your book and have at least 5 face to face meetings with different producers, promoting it for feature film, direct to video, or TV.
Also per our agreement you will receive updates after the interviews with the producer’s company name, and dates of the presentations.
Thank you for your business,
Carl Lau, President, Airleaf Publishing
Well, it didn’t look like the “5 face to face meetings” ever happened, but here are the results of the “Face to Face Hollywood” program sent out to the authors.
All of the form letters were dated either June 7 or June 8, 2007.
Dear _________
The producers that I met with this time in the representation of your books are as follows:
Al Smith – Lite-stone Entertainment
Brad Hong – Cinemagic Entertainment
Cliff Miracle – Capstone Productions
I met with these people privately so I had plenty of time to thoroughly discuss, the overview of your film idea. I have received commitments for 6 different children’s books for “direct to video” production, as a direct result from those meetings. This is very exciting, and as of yet I have not been told of any rejections, which is also good news!
If you look on our website, you will see over 20 books that we have movie commitments for. When I present to other producers and tell them that we have “X” amount of said commitments, they take us seriously and pay attention to what we have.
I have already seen this and use it to our advantage. For the last 2 years we have worked very hard to get a movie made. We knew that once we did, each one after that would be easier to get done.
We do see that happening and hopefully yours too will soon find itself in that mix. These producers and filmmakers know of your books. If we hear anything, you’ll be the second to know.
Thanks for giving us the opportunity to pitch your film idea. I will be going back for follow up in a little over a month. Feel free to let me know if you need anything.
Best regards,
Carl Lau, President, Airleaf LLC
(I have reprinted the letters exactly—not cleaning up the poor grammar skills of Carl Lau)
Now, if I were one of the victims who paid for this service, I would have felt very excited—as you all did. There was no way for you to know that this was a fraudulent set-up. This is where Lite Stone Entertainment falls into my conspiracy theory because they put up their website listing 20 Airleaf books in production or pre-production. Those were the 20 of you who believed you really had a chance after getting your books made into a movie. This gave more false hope for those of you who started investing in the Hollywood promotions. You were seeing actual Airleaf authors whose books were in production or pre-production—and you believed with the excellent marketing of Airleaf’s sales team that yours could be the next big hit. You were told that Jessie’s Girl was an Airleaf book being made into a major film—and the trailer for the film was at the top of the Airleaf website to make you believe that this could happen to you. You were duped by the best.
We all know the Lite Stone story. And the Cinemagic Story is well…magic—here today, gone tomorrow. Carl Lau hooked up with Brad Hung from Japan’s Cinemagic at one of these gatherings. The “magic” about Brad Hung is that he disappeared, never to be seen again except on the Airleaf website sitting with a few of our authors. That was the most visible he was in this country.
Then there was Cliff Miracle of Capstone Productions. I’ve tried researching this with no luck at all. I did find a Capstone Productions on the Internet and explained our situation. Their representative was kind enough to write back:
Bonnie,
Good morning. There are a number of Capstone production companies out there, but we’ve never been involved with any movie making. We specialize in TV and radio commercials and corporate videos. Feel free to call or write if you have any further questions.
Jeff Hayes
COO, Capstone Production Group
So if any of you have a clue how to find Cliff Miracle at Capstone, please let me know because I’d like to have a chat with him--if he really does exist. And that would truly be a “miracle.”
Each week, I send a copy of this update to various government officials. It has been brought to my attention that others also check this weekly update in our blog. It is important for us to keep telling the stories to pressure the authorities to take action. When you have a chance, please check out our blog. Here is the link:
BLOG LINK: Airleaf Victims
At the bottom of the blog there is a place for you to post comments. These comments are read by the people following our case—government officials, former Airleaf employees, and of course, Carl Lau. It’s important to start voicing your feelings when you have a chance. If you are willing to share your stories in this update, this is important as well to let others know they are not alone in being taken by Airleaf.
Next week, I’ll be sending you a questionnaire to fill out so I can systematically put all of this together to help the legal authorities in an organized manner. It is important for us to keep up the momentum as we move along. We don’t want the Airleaf fraudulence to be an issue that is overlooked or underrated as far as a priority. We must keep up our pressure on the federal agencies so that we can seek justice for the hundreds, if not thousands, of victims that are out there. And when this does get to trial, I look forward to meeting some of you as we celebrate our success.
Please feel free to write to me with any questions or concerns.
With love and hope,
Bonnie :)
Dear Airleaf Victims and Friends,
As of today, we have 391 members in our Airleaf Victims group. Each week, more people are finding us as they try to call Airleaf or check their website only to find they have vanished.
Earlier in the week, I spoke to Detective Buskirk. He is moving along with the case, and as of the time of our conversation, he had 256 official complaints from our group. He is preparing his case to present to the federal agencies which can bring criminal charges against the people from Airleaf who have victimized us. I am hoping that we will see some concrete results this month. He is also trying to arrange times when authors who want to pick up their files and books can do so and hopes that will happen shortly. Hang in, and I’ll keep you posted.
Yesterday, I spoke with Tom Irons from the Attorney General’s office. Tom is a very nice man who took over the case from Terry Tolliver after Tolliver left several months ago. Until that point, the incoming complaint files were just being compiled by paralegal Raven Bobbio, but it appears nothing more than that happened in the interim. After having my second in-depth conversation with Tom, I realized that regardless of how strong of a case we currently have (he told me new complaints are still coming in each week from our group), there is nothing very meaningful that his office can do at this time. In as much as the AG’s office can only bring civil charges, and in view of the fact that Airleaf is now shut down thanks to our efforts, his office is somewhat at a loss of taking meaningful action. He went through all of the steps that their office would have to go through to get to get to court with Carl Lau, and it sounds very overwhelming as far as getting us real results.
And so we will have to put our faith in the federal agencies such as the FBI, Postal Inspector, and US Attorney in Indiana for getting meaningful resolve. I did explain to him that I hold the AG’s office responsible for allowing things to get to this point since they were aware of our situation and sat on it for so long. The AG’s office was aware of Airleaf last year when they made settlement with two other authors, issued them a warning as I’ve mentioned in an earlier update, and sat on it when our complaints started coming in to them. Since the AG’s office is responsible for consumer fraud, I contend that it was their responsibility to protect us. If they could have put an injunction against Airleaf until our issues were resolved, many of our victims who were taken after August when our complaints started flowing in could have been saved. In the days ahead, I will be asking for accountability of that agency with other government officials who oversee that office.
I’m sure if Tom were there during our tribulations, he would have been very responsive, but he started in this job too late. However, he is going to pursue whatever action he can for us, and he is working to organize a case from the complaints that have been filed to see if he can put together a civil complaint for restitution for us. I will check back with him next month to see how he is progressing.
I recently asked the group if you have documentation about the “Hollywood Pitches” that Airleaf charge you for to take your books to Hollywood. Seven of you saved the information that was sent to you with the report and mailed me copies to compare. It was no surprise that they were the standard printed letters that I expected to find. I’d like to share this with you.
First—here was the confirmation to authors:
Dear _______________
This agreement is for the “Face to Face Hollywood” program, where your book will be discussed in meetings set with Hollywood producers.
Per our agreement we will create a “Film Treatment” of your book and have at least 5 face to face meetings with different producers, promoting it for feature film, direct to video, or TV.
Also per our agreement you will receive updates after the interviews with the producer’s company name, and dates of the presentations.
Thank you for your business,
Carl Lau, President, Airleaf Publishing
Well, it didn’t look like the “5 face to face meetings” ever happened, but here are the results of the “Face to Face Hollywood” program sent out to the authors.
All of the form letters were dated either June 7 or June 8, 2007.
Dear _________
The producers that I met with this time in the representation of your books are as follows:
Al Smith – Lite-stone Entertainment
Brad Hong – Cinemagic Entertainment
Cliff Miracle – Capstone Productions
I met with these people privately so I had plenty of time to thoroughly discuss, the overview of your film idea. I have received commitments for 6 different children’s books for “direct to video” production, as a direct result from those meetings. This is very exciting, and as of yet I have not been told of any rejections, which is also good news!
If you look on our website, you will see over 20 books that we have movie commitments for. When I present to other producers and tell them that we have “X” amount of said commitments, they take us seriously and pay attention to what we have.
I have already seen this and use it to our advantage. For the last 2 years we have worked very hard to get a movie made. We knew that once we did, each one after that would be easier to get done.
We do see that happening and hopefully yours too will soon find itself in that mix. These producers and filmmakers know of your books. If we hear anything, you’ll be the second to know.
Thanks for giving us the opportunity to pitch your film idea. I will be going back for follow up in a little over a month. Feel free to let me know if you need anything.
Best regards,
Carl Lau, President, Airleaf LLC
(I have reprinted the letters exactly—not cleaning up the poor grammar skills of Carl Lau)
Now, if I were one of the victims who paid for this service, I would have felt very excited—as you all did. There was no way for you to know that this was a fraudulent set-up. This is where Lite Stone Entertainment falls into my conspiracy theory because they put up their website listing 20 Airleaf books in production or pre-production. Those were the 20 of you who believed you really had a chance after getting your books made into a movie. This gave more false hope for those of you who started investing in the Hollywood promotions. You were seeing actual Airleaf authors whose books were in production or pre-production—and you believed with the excellent marketing of Airleaf’s sales team that yours could be the next big hit. You were told that Jessie’s Girl was an Airleaf book being made into a major film—and the trailer for the film was at the top of the Airleaf website to make you believe that this could happen to you. You were duped by the best.
We all know the Lite Stone story. And the Cinemagic Story is well…magic—here today, gone tomorrow. Carl Lau hooked up with Brad Hung from Japan’s Cinemagic at one of these gatherings. The “magic” about Brad Hung is that he disappeared, never to be seen again except on the Airleaf website sitting with a few of our authors. That was the most visible he was in this country.
Then there was Cliff Miracle of Capstone Productions. I’ve tried researching this with no luck at all. I did find a Capstone Productions on the Internet and explained our situation. Their representative was kind enough to write back:
Bonnie,
Good morning. There are a number of Capstone production companies out there, but we’ve never been involved with any movie making. We specialize in TV and radio commercials and corporate videos. Feel free to call or write if you have any further questions.
Jeff Hayes
COO, Capstone Production Group
So if any of you have a clue how to find Cliff Miracle at Capstone, please let me know because I’d like to have a chat with him--if he really does exist. And that would truly be a “miracle.”
Each week, I send a copy of this update to various government officials. It has been brought to my attention that others also check this weekly update in our blog. It is important for us to keep telling the stories to pressure the authorities to take action. When you have a chance, please check out our blog. Here is the link:
BLOG LINK: Airleaf Victims
At the bottom of the blog there is a place for you to post comments. These comments are read by the people following our case—government officials, former Airleaf employees, and of course, Carl Lau. It’s important to start voicing your feelings when you have a chance. If you are willing to share your stories in this update, this is important as well to let others know they are not alone in being taken by Airleaf.
Next week, I’ll be sending you a questionnaire to fill out so I can systematically put all of this together to help the legal authorities in an organized manner. It is important for us to keep up the momentum as we move along. We don’t want the Airleaf fraudulence to be an issue that is overlooked or underrated as far as a priority. We must keep up our pressure on the federal agencies so that we can seek justice for the hundreds, if not thousands, of victims that are out there. And when this does get to trial, I look forward to meeting some of you as we celebrate our success.
Please feel free to write to me with any questions or concerns.
With love and hope,
Bonnie :)
Saturday, January 12, 2008
January 12, 2008
January 12, 2008
Dear Airleaf Victims and Friends,
First, I’d like to welcome our new group members. We now have 358 members in our Airleaf Victims family which grows daily. There are many sad stories of victims who have suffered from the anguish of broken Airleaf promises and contracts.
Before I give you the news for the week, I am in the process of working on our publicity campaign. I have some interest from NY FOX. I’ve asked you in the past if you would be interested in participating in a story, and I have a few of you who have agreed to do this. If any other people are from the NY, NJ, or CT area and you would be willing to participate, please email me at Bonkaye@aol.com. In the next week, I will let you know if this will proceed. Also, I am looking for people in Indiana who are willing to do publicity about their experiences with Airleaf. If you live in Indiana and you are willing, please let me know.
I have a local CBS affiliate in Philadelphia who is interested in the story, so if you live in the Philadelphia or surround areas and you are willing to participate, please contact me. It’s time for us to move ahead with bringing media attention to our cause.
And speaking of that, if you haven’t sent your request in to Oprah to help our Airleaf victims, please fill this form out. The more letters her producers receive, the more they will think about doing our story.
LINK TO OPRAH OPRAH LINK
On Wednesday, I received a call from Tom Irons, the new Assistant Attorney General in Indiana who has taken over our case. Many of you received letters from Raven Bobbio, paralegal, who was compiling the case. The created a major source of frustration for me on a personal level. Once Terry Tolliver left back in November, Raven was the contact person. I left messages for her several times, but never received a return phone call. Tom said on his message that he is now in charge of the case, and that he would reconnect with me after he had a chance to go through things.
I decided not to wait until that time and called him on Friday. He was very helpful, courteous, and understanding of our frustrations. He wasn’t very familiar with all of the specifics of our case, but he had read our Airleaf Victims website and blog, so he had an indication of the depth of the problem. When I spoke to him, he had just gotten off the phone with Detective Jeff Buskirk who was giving him some of the details of our case.
After speaking to him for nearly an hour, I had a much better understanding of how the government of Indiana plays out in this situation. Tom explained that the AG’s office can only go after someone for civil charges—not criminal charges. They have the power to ask for restitution when there is money that can be restored. At this point of time with Airleaf closed, it’s an involving process discovering assets, and we as a group may need to decide if we want to do something along those lines. If any of you are involved in this kind of legal, financial, or detective work and can lend a hand, please let me know.
I explained our frustration in this matter with AG’s office since they have been very unresponsive to us as a group. I told him that I hold their office responsible for allowing this company to continue in view of the problems that arose last year when an AVC or Assurance of Voluntary Compliance was issued to Airleaf. An AVC, according to the website of Steve Carter, AG of Indiana is:
An agreement reached between the State and one or more respondents stipulating the conditions under which the respondent(s) will conduct business in the future. An AVC may require the defendant(s) to pay consumer restitution and investigative costs to the attorney general’s office. The document is filed with the court but is not an admission of guilt or liability for any legal offense. The State has a legal right to go back to court if information becomes available that the defendant is not abiding by the terms of the AVC.
This happened to Airleaf on May 25, 2007. Two authors appealed to the AG’s office to help them, and they won. I’ve read through the document, and according to the decision, I cut and pasted some of the major points:
The terms of this Assurance apply to and are binding upon the Respondent, its employees, agents, representatives, successors, and assigns.
The Respondent acknowledges the jurisdiction of the Consumer Protection Division of the Office of the Attorney General to investigate matters hereinafter described, pursuant to the authority of the Indiana Code.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, the subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have, which the Respondent knows or reasonably should know it does not have.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, a consumer will be able to purchase an item as advertised by the Respondent, if the Respondent does not intend to sell it.
The Respondent shall fully cooperate with the Office of the Attorney General in the resolution of any future written complaints the Consumer Protection Division receives. This shall include, but is not limited to, the Respondent promptly resolving any additional valid consumer complaints brought to the Respondent's attention by the Office of the Attorney General, either prior to, or after the filing of, this Assurance with the Court.
The Respondent, in soliciting and/or contracting with consumers, agrees to fully comply with the Deceptive Consumer Sales Act, Ind. Code Upon execution of this Assurance, the Respondent shall pay consumer restitution, in the total amount of Six Thousand Nine Hundred and Ninety-Nine Dollars
($6,999.00), to the Office of the Attorney General for allocation and distribution to the following consumers in the following amounts:
(a) John L. Kostoryz of Kansas City, Missouri $5,500.00; and
(b) John K. Phillips of Baton Rouge, Louisiana $1,499.00.
Total: $6,999.00
Upon execution of this Assurance, the Respondent shall pay costs in the amount of One Thousand Dollars ($1,000.00) to the Office of the Attorney General. The Respondent shall fully cooperate with the Office of the Attorney General in the resolution of any future written complaints the Consumer Protection Division receives. This shall include, but is not limited to, the Respondent promptly resolving any additional valid consumer complaints brought to the Respondent's attention by the Office of the Attorney General, either prior to, or after the filing of, this Assurance with the Court.
I explained to Tom that we felt very angry that this order had been issued last May by THEIR office. They never followed through with it even though over 100 complaints have been processed.
I know that many more of you have sent in complaints to the AG’s office, but this is how their government works.
1. I filed a complaint online in August 2007.
2. I received written verification in September from the AG’s office and was asked to sign the online form. I sent it back immediately.
3. In December 10, 2007, I received a letter from Stephanie Medina in the AG’s office telling me that the letter confirms the receipt of the information I sent back, but says they are unable to process the complaint with the information submitted, and that now, I have to fill out another complaint form if my ICCC complaint has not been resolved. This is another long form with the same information as the original form filed in August. Why didn’t they just tell me this in September?
4. On December 31, 2007, I received a letter from paralegal Raven Bobbio stating that they have received my complaint and forwarded it to Airleaf. The form letter says, “I ask for your patience as our office attempts to mediate your complaint. We must allow a reasonable amount of time for Airleaf to reply.”
There is something really wrong here. In the five months since my initial complaint was filed along with a number of our early victims, many new people were defrauded. In as much as the AG’s office issued the Assurance of Voluntary Compliance in May, they should have immediately responded as soon as one more complaint was filed. I hold this office responsible for their negligence on acting on behalf of our victims who followed all of their rules but still had no help in stopping the criminal actions of Airleaf.
This proves to me more than ever that Carl Lau is truly a sociopath. The man believes he is “above the law.” Even when given directives to stop his unlawful business practices which I have highlighted in red for you, he continued even bigger and better to violate the rules. When his production department completely shut down in November, and there was not a printer in sight that would work with him because he owed out so much money, he continued to have publishing and promotional packages sold to unsuspecting victims. Let’s go back to the first part of the document also stated that:
The terms of this Assurance apply to and are binding upon the Respondent, its employees, agents, representatives, successors, and assigns.
This means that any person who worked for Airleaf who knowingly sold to you when they knew there was no way to deliver the promises is also legally responsible for violating this agreement. I plan to see what civil charges can be brought against those employees who are guilty, and I will keep you posted.
Tom Irons also explained that the federal agencies are the ones that need to bring the criminal charges. These are the FBI and Postal Inspector, so it’s vital that you fill out those forms.
Last week, I sent you the link to the postal forms. Some of you wrote to me and said that you didn’t save the documentation that Airleaf sent you. For those of you who don’t have the documentation, you can fill out an easy online complaint that only takes a few moments. Every complaint strengthens our case. Please drop me a note after you complete this step.
POSTAL ONLINE COMPLAINTS Here’s the link to the postal online form:
On Friday, I received a letter from Senator Lugar’s office. It stated that the Senator works with constituents from his state of Indiana, but they have sent my concerns to the Senator in my state of Pennsylvania, Arlen Specter, and I should be hearing from his office soon. Thanks, Senator Lugar. I appreciate the referral—NOT! I called Senator Specter’s office to give them a heads up, and had a nice conversation with a representative. We both agreed that Pennsylvania has no jurisdiction over the business dealings in Indiana. My office would be happy to send a request to the Indiana AG’s office on my behalf, and I will take that step just to follow protocol, but I know it won’t have any effect whatsoever. So once again, the government of Indiana is ignoring the pleas for help from victims of a company in their state. Is it any accident that so many Print-on-Demand publishing houses are located there?
Here’s an update on iUniverse back-in-print. A number of you contacted them after THEY contacted me soliciting our authors for their back-in-print package for $299.00. It sounded like a reasonable solution for many of our authors who wanted to keep their books in print. Then this week, one of our authors informed me that iUniverse would not do the reprints unless they received a letter from Airleaf stating there is a reversion of rights. They said the company could have sold off the rights to other companies causing legal issues. Get everyone together with a petition for a reversion of rights because they were a suspicious company and they are not sure if the authors still owned their rights. I spoke to Kaitlin at iUniverse on Thursday about the problem. She researched it for me and left me a message suggesting that we get a petition together and ask the Attorney General to provide this information for us. I will call her back on Monday to discuss how we have in our contracts that we retain the rights to our book and see if that changes anything. We all know what will happen if you have to wait for the Attorney General to act on our behalf, so I don’t want to go that route. However, if any of you would like to call Carl Lau and ask him to provide that statement for you, feel free to do so. His information is:
Carl Lau, 846 Burwick Trcem, Greenwood, IN 46143-1910 Phone: (317) 889-6063.
Kaitlin also stated you could pay more money for their new publishing package and publish your book as a “second edition.” I decided to pass that on to you, but I am not suggesting it because there are companies that are more reasonable to work with than iUniverse for regular publishing packages.
I wanted to share some information with you from our fellow author Anthony Laurento. Tony has written a children’s book. He paid Airleaf over $5,000.00 for publishing, illustrations, and promotions. Now he has decided to take control over his own project and get it done on his own. He explained the process he used to find an illustrator. Some of you have written to me that you have the same issue of finding an illustrator for your books. I asked Tony to fill us in on how he found his illustrator.
Hi Bonnie,
The website is http://www.elance.com/
It is free and a very easy step-by-step program after you register and post your project. The whole bidding process took about 10 days and you can alter the time for the bidding as well as stipulate many parameters, including only local Illustrators or no international companies, and you ask for the price that you want to pay. All of the contracts go through Elance, and any changes between you and the illustrator go through Elance. I really enjoyed the process. The illustration company that I chose was called Deskcube, but it was a tough decision after I got down to the final 3. At least I felt in control the entire time, unlike with Airleaf.
I want to thank Tony for sharing this information, and if any of you have other suggestions that can help authors, please feel free to let me know.
With love and hope,
Bonnie Kaye
Dear Airleaf Victims and Friends,
First, I’d like to welcome our new group members. We now have 358 members in our Airleaf Victims family which grows daily. There are many sad stories of victims who have suffered from the anguish of broken Airleaf promises and contracts.
Before I give you the news for the week, I am in the process of working on our publicity campaign. I have some interest from NY FOX. I’ve asked you in the past if you would be interested in participating in a story, and I have a few of you who have agreed to do this. If any other people are from the NY, NJ, or CT area and you would be willing to participate, please email me at Bonkaye@aol.com. In the next week, I will let you know if this will proceed. Also, I am looking for people in Indiana who are willing to do publicity about their experiences with Airleaf. If you live in Indiana and you are willing, please let me know.
I have a local CBS affiliate in Philadelphia who is interested in the story, so if you live in the Philadelphia or surround areas and you are willing to participate, please contact me. It’s time for us to move ahead with bringing media attention to our cause.
And speaking of that, if you haven’t sent your request in to Oprah to help our Airleaf victims, please fill this form out. The more letters her producers receive, the more they will think about doing our story.
LINK TO OPRAH OPRAH LINK
On Wednesday, I received a call from Tom Irons, the new Assistant Attorney General in Indiana who has taken over our case. Many of you received letters from Raven Bobbio, paralegal, who was compiling the case. The created a major source of frustration for me on a personal level. Once Terry Tolliver left back in November, Raven was the contact person. I left messages for her several times, but never received a return phone call. Tom said on his message that he is now in charge of the case, and that he would reconnect with me after he had a chance to go through things.
I decided not to wait until that time and called him on Friday. He was very helpful, courteous, and understanding of our frustrations. He wasn’t very familiar with all of the specifics of our case, but he had read our Airleaf Victims website and blog, so he had an indication of the depth of the problem. When I spoke to him, he had just gotten off the phone with Detective Jeff Buskirk who was giving him some of the details of our case.
After speaking to him for nearly an hour, I had a much better understanding of how the government of Indiana plays out in this situation. Tom explained that the AG’s office can only go after someone for civil charges—not criminal charges. They have the power to ask for restitution when there is money that can be restored. At this point of time with Airleaf closed, it’s an involving process discovering assets, and we as a group may need to decide if we want to do something along those lines. If any of you are involved in this kind of legal, financial, or detective work and can lend a hand, please let me know.
I explained our frustration in this matter with AG’s office since they have been very unresponsive to us as a group. I told him that I hold their office responsible for allowing this company to continue in view of the problems that arose last year when an AVC or Assurance of Voluntary Compliance was issued to Airleaf. An AVC, according to the website of Steve Carter, AG of Indiana is:
An agreement reached between the State and one or more respondents stipulating the conditions under which the respondent(s) will conduct business in the future. An AVC may require the defendant(s) to pay consumer restitution and investigative costs to the attorney general’s office. The document is filed with the court but is not an admission of guilt or liability for any legal offense. The State has a legal right to go back to court if information becomes available that the defendant is not abiding by the terms of the AVC.
This happened to Airleaf on May 25, 2007. Two authors appealed to the AG’s office to help them, and they won. I’ve read through the document, and according to the decision, I cut and pasted some of the major points:
The terms of this Assurance apply to and are binding upon the Respondent, its employees, agents, representatives, successors, and assigns.
The Respondent acknowledges the jurisdiction of the Consumer Protection Division of the Office of the Attorney General to investigate matters hereinafter described, pursuant to the authority of the Indiana Code.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, the subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have, which the Respondent knows or reasonably should know it does not have.
The Respondent, in soliciting and/or contracting with consumers, agrees to refrain from representing, either orally or in writing, a consumer will be able to purchase an item as advertised by the Respondent, if the Respondent does not intend to sell it.
The Respondent shall fully cooperate with the Office of the Attorney General in the resolution of any future written complaints the Consumer Protection Division receives. This shall include, but is not limited to, the Respondent promptly resolving any additional valid consumer complaints brought to the Respondent's attention by the Office of the Attorney General, either prior to, or after the filing of, this Assurance with the Court.
The Respondent, in soliciting and/or contracting with consumers, agrees to fully comply with the Deceptive Consumer Sales Act, Ind. Code Upon execution of this Assurance, the Respondent shall pay consumer restitution, in the total amount of Six Thousand Nine Hundred and Ninety-Nine Dollars
($6,999.00), to the Office of the Attorney General for allocation and distribution to the following consumers in the following amounts:
(a) John L. Kostoryz of Kansas City, Missouri $5,500.00; and
(b) John K. Phillips of Baton Rouge, Louisiana $1,499.00.
Total: $6,999.00
Upon execution of this Assurance, the Respondent shall pay costs in the amount of One Thousand Dollars ($1,000.00) to the Office of the Attorney General. The Respondent shall fully cooperate with the Office of the Attorney General in the resolution of any future written complaints the Consumer Protection Division receives. This shall include, but is not limited to, the Respondent promptly resolving any additional valid consumer complaints brought to the Respondent's attention by the Office of the Attorney General, either prior to, or after the filing of, this Assurance with the Court.
I explained to Tom that we felt very angry that this order had been issued last May by THEIR office. They never followed through with it even though over 100 complaints have been processed.
I know that many more of you have sent in complaints to the AG’s office, but this is how their government works.
1. I filed a complaint online in August 2007.
2. I received written verification in September from the AG’s office and was asked to sign the online form. I sent it back immediately.
3. In December 10, 2007, I received a letter from Stephanie Medina in the AG’s office telling me that the letter confirms the receipt of the information I sent back, but says they are unable to process the complaint with the information submitted, and that now, I have to fill out another complaint form if my ICCC complaint has not been resolved. This is another long form with the same information as the original form filed in August. Why didn’t they just tell me this in September?
4. On December 31, 2007, I received a letter from paralegal Raven Bobbio stating that they have received my complaint and forwarded it to Airleaf. The form letter says, “I ask for your patience as our office attempts to mediate your complaint. We must allow a reasonable amount of time for Airleaf to reply.”
There is something really wrong here. In the five months since my initial complaint was filed along with a number of our early victims, many new people were defrauded. In as much as the AG’s office issued the Assurance of Voluntary Compliance in May, they should have immediately responded as soon as one more complaint was filed. I hold this office responsible for their negligence on acting on behalf of our victims who followed all of their rules but still had no help in stopping the criminal actions of Airleaf.
This proves to me more than ever that Carl Lau is truly a sociopath. The man believes he is “above the law.” Even when given directives to stop his unlawful business practices which I have highlighted in red for you, he continued even bigger and better to violate the rules. When his production department completely shut down in November, and there was not a printer in sight that would work with him because he owed out so much money, he continued to have publishing and promotional packages sold to unsuspecting victims. Let’s go back to the first part of the document also stated that:
The terms of this Assurance apply to and are binding upon the Respondent, its employees, agents, representatives, successors, and assigns.
This means that any person who worked for Airleaf who knowingly sold to you when they knew there was no way to deliver the promises is also legally responsible for violating this agreement. I plan to see what civil charges can be brought against those employees who are guilty, and I will keep you posted.
Tom Irons also explained that the federal agencies are the ones that need to bring the criminal charges. These are the FBI and Postal Inspector, so it’s vital that you fill out those forms.
Last week, I sent you the link to the postal forms. Some of you wrote to me and said that you didn’t save the documentation that Airleaf sent you. For those of you who don’t have the documentation, you can fill out an easy online complaint that only takes a few moments. Every complaint strengthens our case. Please drop me a note after you complete this step.
POSTAL ONLINE COMPLAINTS Here’s the link to the postal online form:
On Friday, I received a letter from Senator Lugar’s office. It stated that the Senator works with constituents from his state of Indiana, but they have sent my concerns to the Senator in my state of Pennsylvania, Arlen Specter, and I should be hearing from his office soon. Thanks, Senator Lugar. I appreciate the referral—NOT! I called Senator Specter’s office to give them a heads up, and had a nice conversation with a representative. We both agreed that Pennsylvania has no jurisdiction over the business dealings in Indiana. My office would be happy to send a request to the Indiana AG’s office on my behalf, and I will take that step just to follow protocol, but I know it won’t have any effect whatsoever. So once again, the government of Indiana is ignoring the pleas for help from victims of a company in their state. Is it any accident that so many Print-on-Demand publishing houses are located there?
Here’s an update on iUniverse back-in-print. A number of you contacted them after THEY contacted me soliciting our authors for their back-in-print package for $299.00. It sounded like a reasonable solution for many of our authors who wanted to keep their books in print. Then this week, one of our authors informed me that iUniverse would not do the reprints unless they received a letter from Airleaf stating there is a reversion of rights. They said the company could have sold off the rights to other companies causing legal issues. Get everyone together with a petition for a reversion of rights because they were a suspicious company and they are not sure if the authors still owned their rights. I spoke to Kaitlin at iUniverse on Thursday about the problem. She researched it for me and left me a message suggesting that we get a petition together and ask the Attorney General to provide this information for us. I will call her back on Monday to discuss how we have in our contracts that we retain the rights to our book and see if that changes anything. We all know what will happen if you have to wait for the Attorney General to act on our behalf, so I don’t want to go that route. However, if any of you would like to call Carl Lau and ask him to provide that statement for you, feel free to do so. His information is:
Carl Lau, 846 Burwick Trcem, Greenwood, IN 46143-1910 Phone: (317) 889-6063.
Kaitlin also stated you could pay more money for their new publishing package and publish your book as a “second edition.” I decided to pass that on to you, but I am not suggesting it because there are companies that are more reasonable to work with than iUniverse for regular publishing packages.
I wanted to share some information with you from our fellow author Anthony Laurento. Tony has written a children’s book. He paid Airleaf over $5,000.00 for publishing, illustrations, and promotions. Now he has decided to take control over his own project and get it done on his own. He explained the process he used to find an illustrator. Some of you have written to me that you have the same issue of finding an illustrator for your books. I asked Tony to fill us in on how he found his illustrator.
Hi Bonnie,
The website is http://www.elance.com/
It is free and a very easy step-by-step program after you register and post your project. The whole bidding process took about 10 days and you can alter the time for the bidding as well as stipulate many parameters, including only local Illustrators or no international companies, and you ask for the price that you want to pay. All of the contracts go through Elance, and any changes between you and the illustrator go through Elance. I really enjoyed the process. The illustration company that I chose was called Deskcube, but it was a tough decision after I got down to the final 3. At least I felt in control the entire time, unlike with Airleaf.
I want to thank Tony for sharing this information, and if any of you have other suggestions that can help authors, please feel free to let me know.
With love and hope,
Bonnie Kaye
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