Monday, July 26, 2010

Reporter involved in the PublishAmerica Sting Speaks out about Threats

This story keeps getting more interesting by the minute. I don't understand why this lawyer would think sending somebody's personal information through email to a third party would be a good idea, especially if he just sent it off to the "Contact Us" address, any one could have this lady's information by now.

The PublishAmerica Cease and Desist lolsuit Threat

A lolsuit is what you call those who threaten to sue you when they do not have legal grounds to sue and these are usually people who do not want the truth to be told. In our investigation, we not only told the truth, but provided links and evidence pertaining to our allegations. Victor Cretella, the attorney for PublishAmerica emailed the Examiner a Cease and Desist letter alleging that "PublishAmerica is greatly disturbed that you are publishing Reverend Sinthia {sic} Darkness' false and defamatory investigation of PublishAmerica. This multi-part special report is riddled with distortions and outright falsities. PublishAmerica demands that you cease and desist publication of this article immediately. ...it has already documented several glaring falsities.."

Okay, let's examine these so-called falsities, shall we? First of all the name game.

I clearly stated that the contract is written in the name other than my legal name and that I also contacted PublishAmerica regarding that fact. I suggested nothing. What I said is what is written.. nothing more and nothing less. Secondly and lets be very clear about this.

It is illegal to disclose a contract to a third party thus making it public information without prior consent of all parties to the contract. Mr. Cretella for some reason sent the Examiner a copy of this contract with my Social Security number written on it via email and Lord only knows who has this information now. He sent it to the "Contact Us" email address so the webmaster or whomever may now have my Social Security number and other privilaged information. Let this be a good lesson to all of you PublishAmerica authors.. your privacy means nothing with this company.

Fact is, a cease and desist letter would have sufficed under the circumstances. Nobody was disputing that a contract was signed. Therefore, no defamation on our behalf. "Darkness suggests that PublishAmerica is trying to hide the location of its offices." I did no such thing. I listed all known addresses and yes, the address that they use as their primary address 203 Patrick Street, is listed according to the tax assessor's office as residential. This is a statement of fact. No defamation these either. "

Fourthly, Darkness claims that the lease on PublishAmerica's printing equipmemt was terminated and the equipment was removed from the building. This creates the appearance that PublishAmerica cannot pay its debts or meet its obligations to print its books as the market demands. PublishAmerica still leases its printing equipment and its printing operations are running as smoothly as ever... to suggest that PublishAmerica is unable to pay its debts or to meet demand for its books is malicious and defamatory per se..."

Let me enlighten you. Defamatory per se is when somebody comes right out and calls you a crook or a thief in the absence of you actually being convicted for such an act. To "suggest" does not meet the criteria for defamation per se. As a matter of fact, Mr. Cretella's entire argument is false.

This link will take you to the the state of Maryland required financial statements regarding PublishAmerica's lease of the POD equipment at issue. The filing date of this document in the middle "termination" is misdated. The real date is 2010 not 2006 as you can tell by it the dates within the document itself. This would lead anyone believe their lease agreement was terminated. There is no record of PublishAmerica filing for a new lease anywhere.Last winter, a former PublishAmerica employee wrote on her website that she drove to the address of the PublishAmerica print shop and stated that she found it empty. There was no equipment there. If PublishAmerica has leased POD equipment,as Mr. Cretella has indicated in writing, it has certainly not been reported to the state of Maryland. Stay tuned for part four of our investigative report of PublishAmerica.

2 comments:

Anonymous said...

I would love to post my name but at the present time I can't please understand
back in 2009 I sign two contracts
with Publish America, for some reason or another i didn't check this company out before signing then on the first book I received $1 dollar then the problem begin with the acquistion depatment when i received the proof of the book back there was so many publishing errors, so i contacted Jennifer, and she got pissed off with me and stated in her emails that she were not going correct them. Then the second book this is where i thanks God I never did a revision so publish America is stuck with just a half written book plus they lied and said thre was someone their to corrected errors wrong this company is a scam now it's 2010 and still i have not seen any royalties but my bad copies is on Amazon. Now in the process it's not amazon it the people that work for publish America that actually keep putting the book on the site my personal note to all Authors with publish America don't gave up keep fighting and I am another that would like to join the Law suit if there a is actually is one my email is gwenboss45@yahoo.com

Reverend Sinthyia Moderator said...

I am another that would like to join the Law suit if there a is actually is one my email is gwenboss45@yahoo.com

Thank you for your comments. There is no class action lawsuit. Please do not let anyone tell you differently. This would never certify as a class. I suspect that somebody on the net may be telling PA authors differently, hoping to take their money and run... don't fall for it.