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 

Saturday, May 3, 2008

AIRLEAF VICTIMS UPDATE MAY 3, 2008

AIRLEAF VICTIMS UPDATE MAY 3, 2008
Dear Airleaf Victims and Friends:
This week, I'd like to welcome our three new members. We now have 434 members in our group. I have taken down the Google advertising at this point because we have more than enough victims in our group to move forward with governmental legal proceedings. If people go to Google and look up Airleaf, they will find our site fairly close to the top so they can still find us. I also have additional names to contact if more are needed to make our case with the authorities. Although I am not at liberty to discuss the case at this moment, some official public news should be forthcoming in the next few weeks—so hang in!
At this time, we have to put our faith in the Indiana federal and civil authorities whom I am confident are giving good attention to our case. Although Detective Buskirk was very instrumental in putting our case together, the city of Martinsville can't afford to prosecute our case. The last I heard was that their prosecutor has been called away on active duty overseas, and this is okay. I would much prefer to have the larger agencies prosecute this case than the local Martinsville office which would have limited consequences.
I told you two weeks ago that I would share some of the results of my research with you after I completed it. Nearly half of the people who have been in touch with me in our group are senior citizens. Some of them are well into their 80's and one just turned 90. I mention this because a former Airleaf employee told someone off the record that Airleaf did target older people. I found this horrifying because those "golden years" have now been tarnished by Airleaf for so many of our authors. Many of these people wanted to leave a legacy behind for their families and invested all their spare money in promises that were never kept.
Some of our victims are disabled and a number of them live on meager incomes. They gave whatever money they saved to Airleaf with the promise that they would enter the hall of fame. Instead, they are now members of Airleaf's "Hall of Shame."
It was very interesting to see how many people were solicited by Airleaf with letters that said, "We Want Your Book (Name of Book) in Airports All Over America!" The salesmanship was incredible. For those of us who are trusting and naïve, it's easy to see how we could be fooled into believing that this could happen. Airleaf gave the illusion of hit books being sold in book stores all over America. It was a pyramid scheme where some authors—including me—were asked to bring other unsuspecting authors into the "family." I have mentioned this before and I'll mention it again—when I was on my Airleaf "high" in the early days, I was asked to call other potential authors to woo them in. These were big spenders only—people looking to spend between $5,000 and $8,000. I was the recent acquisition that Airleaf was using for their propaganda, sending letters out that one of their authors was on CNN. Yes, I was a compelling case. What Airleaf didn't mention was that I arranged that interview—NOT THEM. They weren't part of that equation at all. Based on my success, they asked me to speak to three different people to try to convince them to come with the company. Sad to say, I did. No doubt, those authors ended up the same way as the rest of us—ripped off.
By the way, there's an off-shoot predatory publishing company of Airleaf's that I will leave unnamed at this moment which most of you have written to me about. This company is having potential victims called by loyal friends of the company to convince them to publish with this company. That's why I strongly advise you before you do anything, feel free to check with me and I will give you honest feedback. Remember the old saying, "Hit my once, shame on you—hit me twice, shame on me!"
Last week, someone posted on our Airleaf Victim's blog a private personal conversation between two former Airleaf employees. I found this despicable. The purpose of our blog is for you to put in comments about your experience—not for employees to embarrass and humiliate each other. I removed the posting as soon as it was brought to my attention by one of our members.
I'd like to congratulate Terri Levine whose book "Coaching is for Everyone" hit the market this week. Terri is excellent at doing marketing. She sent out an email blast asking people to make her book number 1 on Amazon on the date of release, May 1. In return, she offered free workshops to anyone who bought the book. She generated so much excitement that even I bought the book on May 1! I checked her Amazon rating several times that day, and at one point, it was 200! This is an amazing accomplishment that came from some great marketing. If you have any marketing strategies that have worked for you, please send them to me and share them with the group.
In a few weeks, I'll be formulating our new Author Co-op venture where we can all support each other's book sales. Stay tuned!
This week, we have three books I'd like to share with you from our authors who now have them out in print.
From Floriana HallFRANCIS, NOT THE SAINT is a true story of a family’s triumph over adversity during The Great Depression and World War II. It is an important part of history.
It is a mesmerizing story of a wonderful mother who taught her three children morals and manners and was sometimes thought of as a saint, and a father who was anything but a saint, though his religious background gnawed at his very soul.
It is a story of a man who tried to juggle three families at the same time and found out that it cannot be done--a man who lied and cheated and made his children victims of his lies. None of the families had enough food or the necessities of life.
It is a spiritual story of forgiveness which is a criteria for complete and peaceful existence. But most of all, it is a story to help warn young women to beware of egotistical men who flatter too much, flirt too much, cry too much, and who lust for too many.

From Patti Harlow:
Rock With Rodney & Party with Perky to Preserve Wildlife is a book for ages 8 to 18+, because we all need to know! We all need to know about the many assaults happening to Our Environment; affecting our lives! Before it s too late! Rodney the rock n' roll Rabbit, Perky the powerful partying Panther, Dylan the dancing Dog, Courtney the creative Cougar, Taffy the totally tubular Turtle, Fanny the fun-loving Fox, Hart the hilarious Hippo and Sam Slimey Snake get together for a party at Rodney's. While playing a game from Perky s bag of fun, "Way Out Yonder"; a game of the beauty and misfortunes of Our National Parks and Historical Landmarks spread across the USA, they decide to stop playing with fictional plans, and take action with their newly learned knowledge in helping to save Our fragile America the Beautiful!
From Kathy and Mike Staran:
Conch Waves is our latest book, featuring the same main characters of Karen and Mark Stevens as in our earlier book, Palm Monday. In this book, the main characters decide to buy a home in Key West, FL, as a vacation home. They head to Key West, to take ownership and move into their new home, and upon their arrival there, the excitement begins! They both end up taking an incredibly interesting journey throughout the Keys, with a group of characters who will surprise the reader at every twist and turn of the plot. This book features mystery, intrigue, the dark sides of the character's emotions, all amid beautiful scenery in a tropical setting."

That's the news for today. Hang in—better days are ahead!
Love, Bonnie

Saturday, April 26, 2008

AIRLEAF VICTIMS UPDATE APRIL 26, 2008

AIRLEAF VICTIMS UPDATE APRIL 26, 2008

Dear 431 Members of the Airleaf Victims Group and Friends,
This was an interesting week for me on a personal level. I took off this week from work to thoroughly go through files that over 150 of you have sent to me. It was truly a depressing experience to see how many people were connived into so many non-existent services through Airleaf. Even though I've heard the stories each time you send them to me, going through all of this for four days truly gave a comprehensive view of the ongoing fraudulence against our authors.

Thanks to many of your meticulous tracking and record keeping, I was able to send the authorities solid information to prove our case of fraudulence. Many of you sent me email correspondences between you and other Airleaf employees which also proved that promotions were sold to you that were never delivered. One of you even sent me an email of a private conversation between two Airleaf employees who were romantically involved which also talked about Airleaf fraud in the conversation. Incidentally, this email was meant to turn people against one of the employees who left last year. Normally, I would be amazed at a company that has employees who would stoop so low to cut and paste private conversations and email them to authors deliberately, but nothing amazes me at Airleaf.

If you didn't send me your information and you think you have proof or evidence of fraudulence, it is not too late. Please email me at Bonkaye@aol.com and I will let you know how to proceed to get it to me.

Last week, I reprinted the story for you from the Martinsville Reporter about the Airleaf update. I also sent you the response I posted to the paper. Can you believe that later that night I was CENSORED?? The Martinsville Reporter took down my posting because one former employee was so incensed by this comment:
The employees of Airleaf profited off of our innocence. Two of them for sure were in Hollywood having great sex in a hotel while they were supposed to be selling our books to Hollywood producers. Those escapades were paid for by our hard earned money.Did you see me mention anyone's name here? Of course not. But this former employee was so distraught seeing this comment that she insisted it be removed. Now, I don't quite understand this unless she is guilty of the accusation and paranoid to think that people will assume it is her I'm talking about. So, I had to redo the response to the paper and remove the sexual comment in order for it to stand. Ironically, that former employee in her hysteria posted the following message on my Airleaf Victims blog:
Anonymous said...
Unless you were there, I am not sure where the ad hominem comment about someone having 'great sex' originated. We may have to start a new web site == victims of Bonnie Kaye.

I'm not sure what an "ad hominem" that the anonymous party stated is, but let me rephrase my comment about the former employees "having great sex." I would like to apologize for making assumptions, so I'll correct the statement by just saying "having sex." The "great" description was obviously the assumption on my part.

One of our victims wrote to me about checking with Bob Denton before you pay any money to Carl Lau for ANYTHING. If you are notified that you have books for sale at Airleaf that you can buy back, ask Bob Denton first if this is true. I believe you can actually negotiate to buy your books back more cheaply than Carl is asking for. I base this on one author who was offered her books back for approximately 60 cents each. Once again, I have no clue why some people are being charged 60 cents vs. a dollar vs. two dollars and more. Authors continue to tell me how responsive Bob Denton is towards helping them get back their books and materials. We greatly appreciate this Bob.

NEW BOOK OF THE WEEK:
One of our new author victims, Doris Christian, had her new book "A Daughter's Cry" released this week.

Doris sent us this information about her new book:
A Daughter's Cry was born out of my own experiences. First, my mother's sexual abuse at the hands of her dad, left many victims--not only my mother and several of her sisters, but also for me and my 4 siblings. Due to the bitterness and I'm sure the shame my mother harbored inside, she was a very unhappy person. This resulted in her many years of negativity, harsh criticism and overall strained relationships with everyone. And, it left us, her children, feeling unloved and unwanted.

Then, years later, my own two daughters were sexual molested by their stepfather, my second husband. From this heartache came a powerful story line in A Daughter's Cry. In it, my heroine, Ellie, learns there IS life after such traumatic attacks and our life's purpose can still be attained.

This is my fifth novel and the most compelling. Already, I've heard positive reports from women who were abuse victims. There is no greater reward than to hear
our hard work has delivered the intended results. I feel very blessed, indeed!

I am a single, senior citizen whose passion is writing. I retired from the medical field and now enjoy travel, my two wonderful daughters and numerous friends.
Writing has opened many doors for me and I'm currently teaching a creative writing course for single men and women.

To my fellow authors: I believe the injustice we've been dealt through Airleaf can be somewhat nullified when we support each other. What Airleaf failed to do, we can perhaps do and do it far better. There is strength in numbers and marketing our work successful requires those numbers. Certainly, not everyone will buy each book shared here, yet, it's an opportunity we didn't have before. Like making lemonade out of all those lemons? Here we can share the positive amid the negative which, I believe, is always a good thing. Because of our dedicated leader, Bonnie Kaye, we have this wonderful opportunity to share, care and repair. Share our work, care about each other, and repair the damage Airleaf and Carl Lau has caused each one of us. Thank you in advance for helping get A Daughter's Cry into the hands of those who've been used, abused, or neglected by someone they know and trusted. The release date is April 22nd and available on Amazon.com as well as Tate publishing.com

I'd like to wish Doris the best of luck with her new book. Soon we'll be discussing our Airleaf Author's co-op to help each other sell our books.

That's all the news for today! Please send me any questions or concerns you may have about any issue.

Love, Bonnie