Silver Publishing

But that's exactly what's happening to authors who are speaking out. I doubt the people who are trying to quiet the whistle-blowers will show up to defend what is, in essence, a morally indefensible series of actions. This is why we have whistle-blower laws in this country.

And, seriously? Is there any rational adult who, based on the publisher's constantly changing word, REALLY believes they'll get what's due them? He came onto this forum and LIED about what was going on. He's now trying to open a new YA arm when he is in blatant breach of contract in multiple incidents. He's putting out cattle calls for new victims...eh, submissions.

WHEN has he told the truth???

Any author who still believes he won't screw them just because he hasn't screwed them yet is living in a fantasy world.

It doesn't mean the victims shouldn't speak up loudly and often to warn others.

madmumbler said:

But that's exactly what's happening to authors who are speaking out. I doubt the people who are trying to quiet the whistle-blowers will show up to defend what is, in essence, a morally indefensible series of actions. This is why we have whistle-blower laws in this country.

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No it isn't. No one is going to 'blacklist' anyone, no one is going to tar and feather anyone. I can't speak for those authors, I'm just calling it as I see it. My guess is that they'd rather not have to defend themselves against unprofessional, baseless attacks on why they want their money. Facetious remarks about 'kids vacation plans' don't help anyone, unless Eden happens to have hard and fast evidence on what this cabal of five authors plan on spending their royalties on.

firedrake said:

No it isn't. No one is going to 'blacklist' anyone, no one is going to tar and feather anyone. I can't speak for those authors, I'm just calling it as I see it. My guess is that they'd rather not have to defend themselves against unprofessional, baseless attacks on why they want their money. Facetious remarks about 'kids vacation plans' don't help anyone, unless Eden happens to have hard and fast evidence on what this cabal of five authors plan on spending their royalties on.

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It already HAS happened. And I've had my friends report to me that they tried to speak up and were shouted down by fellow Silver authors. And look at your own initial response to Eden.

Sorry but you weren't all fluffy bunny to her. You're nitpicking one aspect of her post. I personally took it as a generalization but you're jumping her as if it's truth.

firedrake said:

No it isn't. No one is going to 'blacklist' anyone, no one is going to tar and feather anyone. I can't speak for those authors, I'm just calling it as I see it. My guess is that they'd rather not have to defend themselves against unprofessional, baseless attacks on why they want their money. Facetious remarks about 'kids vacation plans' don't help anyone, unless Eden happens to have hard and fast evidence on what this cabal of five authors plan on spending their royalties on.

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I think it's time to let the "kids' vacation" thing go. I don't think Eden meant as a mortal insult to anyone.

Wisteria Vine said:

I think it's time to let the "kids' vacation" thing go. I don't think Eden meant as a mortal insult to anyone.

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I calls it as I sees it.

*shrugs*

And refer to post #125 of this thread by Michael B:

Deleted this post because the authors at Silver are up in arms over me speaking out. They feel they've been stabbed in the back over me taking this public. They're convinced if we stay quiet everyone will be paid.

Time will tell, won't it?

I'm not betting on them seeing their money post or no post.

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Not happening, huh?

Meh. I'll accept the blame for ill-chosen words in the heat of the moment, and offer an apology to those who feel they were insulted.

Everyone at SP wants to get paid. The point has been made previously in a different forum, no one should have to justify why they want their money. In truth, a child's vacation is no more or no less important than any other allotment of income. I don't answer to anyone about where my income goes, and no one answers to me regarding theirs. If your goal is to get what you are due from SP in order to set the money on fire and watch it burn, I support your right to have them in hand. I will hand you my lighter. I will not hand you my silent complicity in what I feel is a further breach of trust in order to help you obtain those dollars.

The point being obscured by seizing on that part of my post is the one that has been obscured all along. The publisher has undermined the dreams and hard work of each and every one of us. He violated his duty to safeguard author royalties. That pain will linger far into the future. This mess may never be cleared up. Yet how can we justify allowing him to latch on to others, in the hopes he can borrow from one to give to us? I have listened to the rhetoric telling me all the reasons why I should be a 'good soldier' and give up 75% of my royalties, in hopes that others, closer to the front of the line and owed a larger amount, can recoup 25% of what is due them. "Because that's his only way to pay us what he owes" is not cutting it with me. The idea anyone feels it's their due to allow him to take from everyone else to pay back what HE ALONE owes them is what I have issue with.

As I stated, I'm stuck. I hope he takes my royalties and transfers them to the people he borrowed from ahead of me. Heck, I will state clearly, I have no idea how much money I'm tossing into the till. No one does. But I will not condone the process by which I've been forced to accept less than I'm due, no matter whose figures are used.

To act as though one is entitled to my silent participation in a conspiracy after the fact to recoup and replace missing funds is unacceptable. I hurt for each of us equally, but no more or no less than I do for that next eager writer wandering unawares through the door, ready to hand over his or her dreams, not knowing their hard work is already mortgaged.

firedrake said:

I think we're talking about authors who are relying on their royalties to pay their bills. If you were faced with losing income that you needed for the important things in life like mortgages, rent, food, bills, you'd probably do all you could to find a solution, wouldn't you?

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Okay, I've been silent about this whole mess because I don't have a dog in this fight. But I take offense to this. Suggesting that it's okay for these authors to shout down and try to hush up problems and get pissed at the people who don't fall in line - yes, money is important, but so is integrity. I would never agree to be quiet and lure unknowing authors into a trap just so I could get my hands on some money.

If you don't see why that's morally disgusting, then I just don't even know what to say.

there was no 'shouting down'.

I do not think that defending people who aren't here, is morally reprehensible. I do think that inventing an evil cabal of 'five authors' is questionable.

firedrake said:

there was no 'shouting down'.

I do not think that defending people who aren't here, is morally reprehensible. I do think that inventing an evil cabal of 'five authors' is questionable.

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How do you know it's an "invention?" I've heard similar claims from several sources. If those sources choose to come here and out themselves, that's up to them.

I think it sounds suspiciously like you're trying to defend Silver's thief of a publisher and call the whistle-blowers' integrity into question.

And YOU are the only one saying there's an "evil cabal."

Believe me, I am not defending Silver or it's CEO. He's turned a sorry mess into a complete and utter balls up. I would tell people to sub anywhere but Silver.

Evil cabal is clearly my own wording. Forgive my snark.

I'd thank you to try not to interpret my own posts for me in future.
Thanks.

Well, that's exactly what you're doing to Eden's post.

Calmly, everyone.

firedrake said:

I take great objection to Eden's snide reference to 'cars, houses and kid's vacation plans'. That was not needed. I agree that it's gone past trying to keep a lid on the mess and there have been rumours for ages, but when what amounts to someone's annual income is on the line, can you blame people for hoping that things work out before speaking out?

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Whether someone wants to speak out and remain silent is their own call. What I have a problem with is the attacks that those who have spoken out say they have received from those who have not.

And kudos to those who ARE speaking out to warn other authors away from this mess.

And this isn't "criticizing those who aren't here to defend themselves", because I have no idea who does or does not fall into this category. No one is assuming that everyone who is remaining silent is also lashing out at those who are speaking up.

Raises hand. When I spoke out in November a group of authors went on a public tirade against me. They called for shunning me to the extent that their readers should pass on and boycott my books. I didn't see but a couple before the posts were removed from Facebook and blog sites. I was informed of the existence. I can quote some of the wonderfully colorful things authors said about me in public and I can name names. But I haven't because it serves no purpose. The fact is, we are being paid 10% of 2012 third quarter royalties on a monthly basis until such time as he is caught up. No mention of fourth quarter royalties and when if ever those monies will ever be seen. He has had months to fix this mess. He does not seem interested in fixing, only continuing on as if nothing happened and there are no consequences. Because to him there have been no consequences. He has no intention of letting anyone else into those books, because then it be revealed just how much he has misappropriated. If you're looking to boycott any authors start with Leiland Dale, the pen name of the owner of Silver Publishing. All of the rest of us are victims.

I'm no mathematician, but it doesn't make sense to me how Silver Publishing will think they will *ever* "catch up" on royalties.

If the money is gone whether through mismanagement or theft, it's gone. Period. There's no "getting it back".

But, again, I'm just a writer. So how does the math work for those Silver authors still thinking they're going to eventually get what's owed them?

What's the math???

The original monies are probably long gone. To be blunt in a Bernie Madoff way, the only hope for the first tier authors is to boost sales of existing work and bring in fresh authors. This explains the recent publicity push for Silver authors. But even with both revenue streams, I don't see how they can make up for at least a quarter of a million dollars.

Filigree said:

The original monies are probably long gone. To be blunt in a Bernie Madoff way, the only hope for the first tier authors is to boost sales of existing work and bring in fresh authors. This explains the recent publicity push for Silver authors. But even with both revenue streams, I don't see how they can make up for at least a quarter of a million dollars.

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That's what I mean.

Even with the best of business abilities (and, to be honest, I don't think Silver Publishing has a lot of that as well) I don't see how logically these lost monies can ever be retrieved.

Unless through legal means.

I'm open to any Silver authors trying to reason this out with me. Prove to me how you're ever going to get all the money you're owed and I'll listen.

Otherwise I'd say those staying with Silver are just being puffed smoke and mirrors. And providing yet more money for the black hole of accounting that seems to exist there.

If the money's gone, it's gone. And trying to get it back by getting *more* authors is not only unlikely, it's also probably impossible because *THOSE* authors are then not going to get paid.

Yeah, it's a cluster.

Just my two cents here, but this is sounding more and more like a pyramid scheme that is on track for the inevitable thunderous crash.

IMHO, new authors need to stay far from this place and existing authors need to begin legal proceedings to get their rights back and place their work elsewhere while trying to get as much of what they are owed (it will likely never be close to 100%) as possible.

What this outfit is doing to try to "save" themselves is akin to trying to bail out the Titanic with a shot glass after the ship had sunk.

Again, just my two cents.......

Sounds like SP is offering a Ponzi scheme...

Sheryl Nantus said:

I'm no mathematician, but it doesn't make sense to me how Silver Publishing will think they will *ever* "catch up" on royalties.

If the money is gone whether through mismanagement or theft, it's gone. Period. There's no "getting it back".

But, again, I'm just a writer. So how does the math work for those Silver authors still thinking they're going to eventually get what's owed them?

What's the math???

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Hell if I know what the math is. I'm getting 10% of only 3rd quarter royalties until those royalties are paid off. My 3rd qtr started at $3300. I've received $610 in two months. I'm owed money dating back to February of 2012. At this rate it'll be a year before he pays me all of one quarter.

Mercy Celeste said:

Hell if I know what the math is. I'm getting 10% of only 3rd quarter royalties until those royalties are paid off. My 3rd qtr started at $3300. I've received $610 in two months. I'm owed money dating back to February of 2012. At this rate it'll be a year before he pays me all of one quarter.

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Exactly.

And then he still owes you for the other THREE quarters of that year.

Meanwhile he's also getting interest off the money, since I'm pretty sure it's in some bank account earning interest. If it's a large amount he's making money.

For those Silver authors still considering staying quiet or perhaps hoping that they'll make money if they stay the course... I suggest they do the math. They'll be constantly behind the eight-ball while this man continues to keep the money *and* make interest. I'm assuming he's not about to take out a mortgage on his house or a personal loan to do the right thing and pay his authors what they're owed.

Yes, it's better to get paid something rather than nothing - but if he's intent on using this business scheme for a long time it's going to break down somewhere.

Ponzi scheme indeed.

Out of curiosity, do the contracts at Silver have audit clauses? Every reputable publisher should have a clause in their contract that allows the authors to independently hire an auditor to review the finances of that publisher regarding their titles. So... if there's an audit clause, why don't a bunch of you unhappy authors pool your resources and hire an auditor from a firm to address all this?

If there's no audit clause... then I don't know what to say other than that really really sucks.

If there is an audit clause, though, a little bit of research that I just looked up:

The owner of Silver Publishing (Lodewyk) lives in Michigan (that info is listed on Silver's website, given as the business address at the bottom of the page). Grose Pointe Farms, Michigan. There's your starting point.

From there, I went to the Michigan Secretary of State website and looked up Silver Publishing in their entity search. Every business has to register within the state in which they do business. So, no matter where Lodewyk is from, because he is doing business in Michigan, it has to be listed there. The type of business is registered as a "Foreign Limited Liability Company" (aka LLC). This doesn't mean that the company itself is out of the United States jurisdiction when it comes to taking legal action. It does mean that the company was formed in a state that was not Michigan.

Lower on that same screen, it tells the jurisdiction of origin for the company. In the case of Silver Publishing, it was originally registered in Delaware. Delaware, y'all... not Africa.

This led me to Delaware's Secretary of State website, which I searched the entity list again. The original formation for Silver Publishing was listed there as DOMESTIC. That means that the business is, indeed, within United States jurisdiction. It was also officially founded on January 24th, 2011, so it's not like Silver's been around forever.

These are all public records that I was able to access with... truly... minimal effort. And I'm not even an author with Silver.

If you want to go into a class action suit against Silver Publishing, you can. You can file it in either Delaware, where the business was originally established (and still has an active LLC), or in Michigan (where the current LLC is located).

Publishers like this will continue to do stuff like this until authors stop letting them and fight back.

Go for it! Play hardball!

--Kara--

Just wanted to get that information out there for everyone.