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Aspen Mountain Press

mscelina

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It's a bad situation all around. The owner of AMP has been a dear friend of mine for several years and I know she's not a bad person. She hasn't been sitting there trying to think of new ways to rip off her authors. I honestly think--thought--that she's just so overwhelmed that she didn't know where to start.

BUT--that opinion has changed a little this morning. Now threats are being issued to at least one author who's spoken out publicly about what they're going through. For some reason, apparently this whole nasty affair is now the AUTHOR'S fault. I'm seeing no remorse or feelings of responsibility from AMP--only silence, now broken by a terse "reap what you sow" kind of message.

I'm starting to get that blogging feeling.
 

mscelina

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I doubt that she's all that overwhelmed. She wasn't so overwhelmed that she couldn't get that website back up within a few hours of the takedown by the domain host. But she can't answer emails? Cut a few checks? Even correspond with her authors?

No. That whole *overwhelmed* card she's been playing doesn't add up anymore. As I said, I thought she was overwhelmed. But now, I can't think that this is anything other than deliberate.
 

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You're right, Lynn.

I've seen a few publishers get overwhelmed with things, and it never goes well if they deny that it's all too much for them, or if they go silent, or if they start lashing out at their authors.

The person in charge of AMP (I don't know her name, sorry) needs to revert rights, pay what she can, and clean up her publishing house. It will be painful: but it will also be cathartic.

I send good wishes to everyone involved in this horrible mess, and hope it gets resolved soon.
 

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She's not overwhelmed. She's outright ignoring us and playing the "i haz a depwessed" victim card. People fell for it in the beginning but with the current turn of events, they're getting fed up and starting to fight back. It's almost as if she's daring us to lawyer up.
 

mscelina

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I don't know if she's watching my blog or not--I KNOW she's watching this thread b/c of a couple of references that have been made to things that have been said--but I'm organizing my notes, correspondence, spreadsheets, chat transcripts and what have you now.

As I said, I've pretty much given up on a fair and swift resolution here. I have personally urged Sandra Hicks to release the authors' books and close up shop numerous times in the last six months. I have assured her that most of the writers would just be so happy to get their rights back that a lot of things could be forgiven. I have warned her that being non-communicative with her authors will have the worst possible ramifications. Hell, I've even offered to do the royalties myself and I don't even WORK there anymore. Nothing. Zip. Nada.

I don't believe that anything other than the HARD way is going to be AMP's ultimate path. I don't believe she has any intention of paying her authors and staff. I don't believe she is ever going to even acknowledge that a problem exists. So I'm organizing my information and breaking my silence on my blog. It's the only thing I can think of to do, and I don't think it'll be enough. But I won't be able to forgive myself if I don't try.
 

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AMP's tragedy of errors

I'm one of the authors also, and I've kept silent because I own a small publishing company, and I'm trying to downplay the negative. There was a time when I looked up to his publisher and hoped I could learn from her.
I've gone months without royalty statements. I sent a certified letter requesting my rights back to Dark Side of the Moon, and sent emails to the AMP site. Like the other authors, my posts and letters were ignored. I felt bad for the woman because of her depression. But being able to put a site back up within an hour and posting about it tells me she's able.
In retrospect I have learned plenty from this woman. I've learned what NOT to do when publishing other people's work.
Barbara
 

Birol

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That's a good question right now.
Gravity, she has school-aged children and is separated from their father. If she runs, that would be an entirely different set of problems for her. So far, her responses have been reactive; running would be far more proactive and out-of-character with the actions she has (not) taken to date.
 

Soccer Mom

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Celina has a very brave post up on her blog where she details everything that went on. It's much worse than has been previously admitted. The owner was using author royalty money for personal expenses. I have seen the documentation. Her former staff hoped she would make things right but today she made it clear she has no intention of doing so. Those interested can read it all on the blog.

http://kaantira.blogspot.com/2011/10/breaking-my-silence-on-aspen-mountain.html
 

Stacia Kane

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Celina has a very brave post up on her blog where she details everything that went on. It's much worse than has been previously admitted. The owner was using author royalty money for personal expenses. I have seen the documentation. Her former staff hoped she would make things right but today she made it clear she has no intention of doing so. Those interested can read it all on the blog.

http://kaantira.blogspot.com/2011/10/breaking-my-silence-on-aspen-mountain.html



(Bolding mine.)

If there is indeed documented proof of that, then this is fraud and theft, and the police should be called immediately.

Seriously. These people who start these small presses and steal and hide need to be held accountable, and I really hope someone will do so. Call the District Attorney for your city or county; call around until you find someone who'll talk to you. I'm not sure if there will be some kind of Mail/Wire or Computer Fraud division or what, but find someone to speak to. If the AP owner is in a different state from you call the FBI in her area and speak to them. Don't give up.

Maybe if she has the police or the Feds at her door she'll decide rather than go to jail she'd rather just pay back the money and give everyone their rights back.

Either way, the authorities need to be notified. This isn't the time to be "nice."
 

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amergina

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My heart goes out to all AMP authors. What a horrible situation.

The whole "same account for personal and business" bit has me going :eek: .

There's just so much that could (and looks like did) go wrong with that...
 

Sheryl Nantus

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Either way, the authorities need to be notified. This isn't the time to be "nice."

So true.

I see so many small presses pulling the "family" card when the going gets rough - oh, we're just like family, she treats me like a sister, we're all in this together...

This is business.

Call the cops.
 

ajkjd01

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mscelina-

I spoke to you at RT last year in Columbus. I don't know if you remember me, but I can absolutely tell you that I queried AMP based on my interaction with you.

Let me say, as someone with some background in law and law enforcement...you ABSOLUTELY need to be contacting the FBI. I'm assuming that employees and authors are in more than one state, and that all of the affected employees and authors are more than one state. Because this is crossing state lines, the FBI is the agency to contact. Hands down.

I understand not wanting to cause a former friend that kind of grief. On the other hand, this is no longer about being overwhelmed. It's no longer about empathy. And it's no longer about her daring people to "lawyer up". Right now, it's about fraud.

PM me if you want to chat about this.
 

Dani

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I absolutely agree with the above posters who are urging for law enforcement involvement. I think also lawyers should be getting involve at this point as well. I realize some of the authors and mscelina have somewhat of a heavy heart because this person was a friend/mentor/advisor etc, but this situation is unforgivable.

The authors caught up in this mess need some closure, their rights back and compensation. And if the last part isn't possible, the first two parts are vital.

My heart goes out to all of you, including the staff who have been burned by non-payment of wages. I don't know what I'd do about the electricity, phone, internet, child care, food, medical bills and student loans if my monthly paycheck wasn't here. I can only imagine what you're all going through.

Terribly sorry this happened to you all. I hope AMP thinks about your lives, your children, your financial situations. She/they would have to be heartless not to take care of her/their obligations.
 

Dani

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Actually I wanted to add something else, now that I've read mscelina's blog post. As someone who owns her own business and filed taxes recently for that business, you might also consider contacting the IRS about Ms. Hicks use of company funds for personal accounts.

It was a sticky business with me because I had done the same thing. Although, I don't have anyone I pay out to except myself. I'm not entirely sure, but I think you may be able to sue her individually, not just the company, because she used the business account for personal use. It might make small claims court a more viable option. The damage there are 5k max (though i'm sure that varies state-by-state and district-by-district).

This means that should the company go bankrupt, you might be able to recoup your losses by suing her. Something that wouldn't have been an option if she had kept the accounts separate. This is based on what my accountant had to say to me when she saw I had been mixing my accounts. The information could have been wrong. (but she's a smart cookie, so I doubt it)

PS: the cost in colorado (denver) to file a small claims case can be found here: http://www.denvergov.org/GeneralInf...sSurchargesandCosts/tabid/430789/Default.aspx

It's about $55. I think that's worth it.
 
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gianni pezzano

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Hi Dani,

thanks for the contribution, but this would not resolve the issues for authors such as myself who have a contract, the books have not been edited, we do not know when, nor if they will be.

At this stage we have no faith left and would simply like the rights returned to us to look for another publisher...

I sent my letter over a month ago(others have done so much sooner) and we have had no reply...

I definitely believe a group action would be best. Those owed money are more options, but civil action will probably take longer to resolve...

Gianni
 

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I've read Celina's blog post now and am horrified by how bad things have become at AMP.

Ms Hicks' behaviour does seem to me to be consistent with someone who is severely depressed. I don't think that depression would excuse her behaviour: but it would explain it, and so despite the awfulness of the situation I can't quite bring myself to condemn Ms Hicks just yet. If I'm right, and Ms Hicks is severely depressed, she simply won't be able to understand how badly she's been behaving, how unacceptable her actions have been, or how she could possibly put things right now.

I'm no doctor, so this is just my personal opinion. But my opinion has been informed by my having struggled with depression for most of my life, and by my having watched a very close and dear friend almost ruin his business and his marriage because of depression-led obsessions.

Don't underestimate how depression can transform someone. It's a terrible disease, which is dreadfully misunderstood. I know this doesn't make it any easier for anyone who has been affected by Ms Hicks' actions to cope without the money they're owed, or anything like that: but it might explain why things have got as bad as they have, and it might explain why Ms Hicks' behaviour has been so erratic and extreme.
 

Dani

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Hi Dani,

thanks for the contribution, but this would not resolve the issues for authors such as myself who have a contract, the books have not been edited, we do not know when, nor if they will be.

At this stage we have no faith left and would simply like the rights returned to us to look for another publisher...

I sent my letter over a month ago(others have done so much sooner) and we have had no reply...

I definitely believe a group action would be best. Those owed money are more options, but civil action will probably take longer to resolve...

Gianni

I agree about the group action for authors, but my small claims advice was more for the reclamation of funds for the staff whose wages were unpaid. In their case they have a definitive amount of damages which they can prove.

I don't know about the authors and what remedy they can take other than civil suit. Does anyone know if winning a small claims case - even if monetary amounts are negligible also prove breach of contract? If you even win a penny in court, does that not null the contract which reverts rights to the author/s? (I'm speculating)

Truth is that if she's missing deadlines and cannot work, my guess is she will miss court dates and such and thereby grant the plaintiff judgement by default.

@OldHack I know depression is debhilitating and it destroys lives and business etc, but in this case, when Miss Hicks can manage to cash checks and spend money from her business account, I think we can probably say that she's not too deeply depressed to be non-functioning.
 

gianni pezzano

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In many ways AMP is in breach of contract with ALL the authors. However, the contracts do give protection in both directions and we have to follow the contract which allow for termination in case of breaches by the publisher.

We cannot approach other publishers until we have done this. I do not complain about this as not doing things probably cuold lead to problems not only for the authors, but also for the new publisher.

For those who think we should just go ahead and "do our own thing", if we do not observe/conform with the contract how can we complain if someone else does so?

I also think your right about Ms Hicks. Her depression no doubt exists, but from her behaviour it seems to be very, very selective...
 

gianni pezzano

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"For those who think we should just go ahead and "do our own thing", if we do not observe/conform with the contract how can we complain if someone else does so?"

Badly worded and not quite what I wanted to say. Contracts should be respected by both sides. If we ourselves do not respect the contract is no reason we ourselves should not.

In the long run the consequences fall on those who break not on those who respect them...
 

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Celina has a very brave post up on her blog where she details everything that went on. It's much worse than has been previously admitted. The owner was using author royalty money for personal expenses. I have seen the documentation. Her former staff hoped she would make things right but today she made it clear she has no intention of doing so. Those interested can read it all on the blog.

http://kaantira.blogspot.com/2011/10/breaking-my-silence-on-aspen-mountain.html

Jesus... that, what she's done, it's heartbreaking. I feel for the ex-staff, the authors, but also for AMP itself. You can see it taking its last few breaths, but she won't stop beating it and allow the dignity it deserves....

I only hope all authors get back their rights.
 

Dani

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For those who think we should just go ahead and "do our own thing", if we do not observe/conform with the contract how can we complain if someone else does so?

I'm not sure anyone feels you should go ahead and do your own thing. I think all of us just are heartbroken for the authors with AMP whose intellectual property has been stolen and whose trust has been abused.

I wish I had a magic answer for you all. Or even that I had gone to law school to offer up some advice. It's just sickening that this could happen.

<3 to you all.