Publisher’s Pick

 

The Scam, The Sting,

and The Dirty Little Secret

An Insider’s View of the Book Publishing Industry

 

 

Publisher’s Note: Thanks to the persistence of one of the three authors of this piece, the following true-life story caught the attention of not only the Attorney Generals of two states, but a major network news station in a large U.S. metropolitan city. The news station was so interested in the story that they sent a reporter on the trail of the literary agent in question, and ran a two-day feature of the story during their prime-time news hour. 

 

Though this story played out several years ago, it is as fresh and as salient today as ever before. The writers of the piece you are about to read have all gone on to become successfully published authors.  Their identities, as well as the identity of the literary agent, have been kept anonymous. The important point: they could be anyone.

 

 

The Secret

 

The book publishing industry has a dirty little secret.  It is a secret that is so well kept that few members of the book-buying public are aware of it. In fact, most readers curl up with a copy of their latest find, or browse the aisles of their favorite bookstore, completely oblivious to the pain and misery that is embedded within this industry.

 

The book publishing industry is really comprised of two businesses.  The first is in the business of producing and selling books to the general public.  The second arm of the industry is in the business of theft, deceit, and fraud.  This second, *scammy side* of the book publishing industry is surprisingly large, exceedingly profitable (conservative estimates are in the multi-million dollar range) and as protected from legal/penal consequences as their legitimate counterparts.

 

The legitimate side of the book publishing industry is a grueling one for most writers.  The vast majority of writers have realities that are nothing like the serene, confident, poised authors interviewed on television talk shows.  For most writers, the reality is one of constant rejection, negativity, and almost totally void of positive reinforcement.  With a business-as-usual 99% rejection rate by publishers and literary agents alike, it is a business that can cripple the faint of heart.  (Even for those writers who are fortunate enough to have their books published, the income from book sales for the majority of writers is usually far too meager to sustain life.) When you factor in the piranhas who prey on the already fragile hopes and dreams (not to mention bank accounts) of writers who have exposed their souls in their writing, well, let’s just say the effects can be devastating.  As one writer put it, “What is the most depressing to me now is that my writing self-esteem is completely deflated because the only agents I can land are scam artists who accept everybody!”

 

The book publishing industry’s alter-ego is not just causing financial loss to writers.  It is a grueling business filled with rejection.  (Overnight success stories are rare.) This makes writers an easy target.  With so much negative response to their work, many writers have a difficult time holding on to the hope of ever seeing their work successfully published.  Writers who fall prey to the all too common hustle of con-artists not only lose money, but pay a much higher emotional and spiritual price.  As one veteran writer and victim said, “I don’t remember how much she [the scam agent] bilked me out of.  It was too much. But even as a pretty broke writer, the killer for me is the way she played with my (and so many other people’s) hopes and dreams.  Writers, regardless of skill, invest hopes and dreams into every paragraph...I gave up a lucrative business career to become a struggling writer because of the hope she gave me.  I jeopardized retirement comforts, my kids’ college education, and, at times, undermined my own self-esteem...I remember my excitement over [hearing the scam agent’s talk of] best-seller and film possibilities, I felt vindicated. Now I know it was all bullshit.”

 

 

 

The Scam

 

The illegitimate side of the book publishing business is propagated by con-artists posing as literary agents, publishers, and independent editors.  Their victims are unsuspecting writers and their methods for financially duping and deceiving writers are very slick.

 

There are some commonly known scams that have been playing out within the book publishing industry for decades.  The first type is when the con-artist agent tells the writer that his/her work holds *a lot of potential, but needs some editing.*  In this same communication, the scam agent typically implies that once the editing services are sought out by the writer,  the agent will then represent the writer’s work.  These scam agents then recommend either their own editing services or an outside editing service which offers kick-backs to agents for the referrals.  The cost for these so-called, *editing services* often run anywhere from several hundred to several thousand dollars.  Once the editing services have been paid for, the scam agency just ignores all future communication efforts by the writer.  A similar scam has been popularized by unscrupulous literary agents who require a *reading fee* to consider manuscripts; after the fee is paid, the acceptance rate is zero percent for those who are true con-artists.  There are also scams run by a small percentage of unscrupulous publishers who charge entrance fees for questionable *writing contests* that never seem to be traceable.

 

The scam we will focus on here is just as insidious, but far more difficult to detect until the con has been run and the so-called agent becomes *unreachable.*

 

 

Method of Operation:  (a) The scam artist poses as a literary agent and pretends to read the potential client’s manuscript under the guise of possible representation.  (b) Next, s/he offers glowing letters about the book and offers a contract to represent the book for publication and requires the writer to pay a fee for (insert your favorite lie here:  administrative fees, fees for so-called *photocopies* to send off to publishers, long-distance calls with movie producers, etc.).  (c) After the check is cashed, the so-called *agent* then disappears, moving on to the next victim.

 

This scam is very hard to detect because unpublished writers are often told that legitimate agents do, indeed, charge for expenses.  In this way, the scam artist’s request for such fees does not seem unreasonable.  However, those knowledgeable in the business can tell you that such expenses are normally charged to the writer after they are incurred and the charges are substantiated with expense logs and receipts.  Experienced writers sometimes may negotiate having these expenses deducted from their first advance.  Neither of these scenarios includes paying an agent an undocumented, up-front fee.

 

Unfortunately, new writers often do not realize this distinction.  Furthermore, many writers who have been victimized later admit that they figured no person in their right mind would bother carrying out such an elaborate scam just to receive a check for a couple hundred dollars.  However, literary agents report receiving approximately 250 to 500 queries and requests from writers to be represented each and every month.  Some agencies report receiving 250-500 such requests EACH WEEK.  If only a small percentage of writers *accepted* by these scam-artists writes a check, these so-called, *agents* may pull in $250,000.00 a year, with the possibility of even MORE...even if the scam agent only makes $100.00 to $200.00 per manuscript.  Pretty good money for only writing a letter offering to *represent* someone!

 

 

 

 

THE STING

 

 

The Set-Up:  In order to fully appreciate the following documents surrounding the sting you will need a little background information.  We had been busy working to inform and assist several federal governmental law enforcement offices, state penal/legal agencies, and media organizations to investigate certain so-called literary agents for fraud.  One agent in particular, we will call her Ms. X, who worked her scam out of the Los Angeles, California area, appeared to us to be a master at this fraudulent technique and particularly insidious in her method of operation.

 

Throughout our communications with investigative agencies we were repeatedly reminded that they needed proof that this agent was engaging in a *systematic effort to commit fraud and deceive clients.* While there were numerous victims willing to step forward to give testimony to the practices of this agency, we needed additional evidence to clearly demonstrate our claims that this so-called, *agent* was indeed, in the business of committing fraud.

 

We needed something more.  A hook.  Something that could demonstrate without a doubt that this so-called, *literary agent* does not even READ the manuscripts sent to her. 

 

Enter Richard Hulligan…as good a pseudonym as any. 

 

And then…the product. Using our own money, time and resources, we took four long nights to write the most incoherent, most absurdly ridiculous, absolute worst piece of garbage that ever passed through a printer.

 

Two of us wrote straight through from about 7:00 in the evening until 3:00 in the morning for four consecutive nights to complete an entire manuscript of 239 pages.  We used a combination of four types of writing techniques:

 

(1) Bad voice-recognition software. Voice-recognition software that had been *untrained* and recognized only 25% to 50% of the words spoken.  The other 50% to 75% of the time, it printed

out a string of bizarre and strangely-connected words and non-words that were not even remotely close to what we had said.

 

(2) Plain old-fashioned plagiarism.  For the *factual* portions of the manuscript we did a direct copy-and-paste, lifted straight from Microsoft’s encyclopedia software, Encarta. This portion was intentionally written in such a way that even a grade school child could recognize this most obvious *lifting* of text.

 

(3) Repeat, repeat, repeat.  We filled in a lot of the pages of the story by simply copying large portions of texts, and then pasting them over and over again in random parts of the manuscript.

 

(4) Good ol'-fashioned bad story-telling.  We created a story-line that rested on the premise of the Russian Revolution, as told from the perspective of a Cabbage.  We called our epic tale, *Quoth the Cabbage.* The plot unfolds as a poor cabbage farmer and his family enter into desperate times as the revolution nears.  The farmer grows mad from worry, leaving his wife and ten children to pick up the pieces. 

 

Meanwhile, the cabbages in the farmer’s field see they are the only ones who can save the Russian people, and begin to create a plan.  When a band of runaway orphans escape to the cabbage field one night, the vegetables seize the moment...as the orphans huddle together to stay warm, small dolls begin to emerge from the center of the Cabbage Patch and tell the orphans of the cabbages' plans. 

 

As the story unfolds, the orphans are instructed by the dolls from the Cabbage Patch to instigate and orchestrate the Russian Revolution.  Once this accomplished, the orphans are caught and banished to Siberia.  Coincidentally, this is precisely where the farmer's wife has brought her children and husband she has reunited with to start a new life.  The story ends as the orphans (who now live with the farmer and his family) guard their special dolls from the Cabbage Patch and share hot bowls of sauerkraut.

 

 

DID WE MENTION THAT THIS MANUSCRIPT WAS REALLY  BAD??

 

 

 

The Good, The Bad, and the Editorially-Impaired:  We sent a query for this piece-of-garbage manuscript out to five *good* agents (agents with a long-standing reputation of being legitimate) and five suspected *bad* (or questionable) agents, including Ms. X and her Publication Group.

 

Not surprisingly, all five of the *good* (legitimate) agents took a major pass, while all five of the *bad* (questionable) agents requested to see either the entire manuscript or portions thereof.  Some were especially enthusiastic.  We couldn’t resist.  We packaged up copies of that manuscript and in a New York second headed for our local post office with the following:

 

COVER LETTER accompanying the manuscript, "Quoth the Cabbage":

 

 Dear Agent,

 

     Thank you for asking to review my book, Quoth the Cabbage.  It is lucky

for me to have found an agent who recognizes something good when it comes

along.

     I am sure you are going to think it is good.  Several of the guys over

here at the VFW think it is great, along with three of my neighbors.  The wife

thinks it is sure to be a bestselling novel and that it is the best way to

learn about such important history because the story is so interesting. 

   I have done many years of research on the Russian Revolution and the novel

is jam-packed with historical yet entertaining (according to the wife) facts.

At the same time, you will note I have taken artistic license in creating a

stream of conscousness type style to depict the insanity of the times.  I also

might say that I think I have done an excellent job at capturing what the

thoughts and feelings might be of a cabbage existing during these trying times.

     As for the future film rights, I am thinking that someone like that Steven

Spielberger fellow might really take a shine to it.  If you know him, you

migght want to think about contacting him first.  Though the Disney people

might also be a good possibility.

     I’ll close here because I am sure you are anxious to get to reading it

right away.  I have supplied a SASE for you to tell me how you like it.  I did

not put in one of those large envelopes because I am that sure you are going to

love it and will therefore not need to be returning it to me.

     I will be looking forward to hearing what you think

 

Sincerely, 

Richard Hulligan

 

 

 

 

 

Response to Our Manuscript:  Three of the questionable agents responded by referring the manuscript to an infamous editing service.  (This editing service was later busted by the New York Attorney General’s Office.)

 

Even better, two of the agents receiving the entire manuscript absolutely loved it!  But of these two, Ms. X took the cake. Ms. X and her Publication Group sent a contract offer for *Quoth the Cabbage* and wrote a rave review.  Here is an excerpt of what this so-called, *literary agent* said holds the potential for being the next Best Seller and Block-Buster Hit:

 

 

 

EXCERPT FROM THE NOVEL MANUSCRIPT “Quoth the Cabbage”

Page 9 (ms.  239 pgs.) 

 

Starving children, to a well who've cabbage and Leopold amazement.  Leopold

side than he called to who is why beliefs can lock them normal room me a half

that factor.  Let's see what to take that route.  It calls.  " What we see what

the bizarre how can this powerhouse so much what we absolute rule! It is there

is not right it stands now rights of blocked astounded.  Then they had

conducted a job as a Leopold rather

 

And they willing to ~ together in Moscow and the assault at a packed in army

troops of nails.  But now you weep, and their guns the law's ban.  It is true.

All is easy to see what color was up wheat belt will it.  It.  Why it's up and

what's it's to be?  What is the Russian way of life to come to?   It's yours to

uncover,  Leopold thought.  For as we meet state appears to get harsher and

harsher for the common man just trying to put food onto the table.

 

Ahh, but then the rotten colder to draw the snow in the Russian winter wheat

went by the wayside.  He would recall.  Leopold with that lot of vegetables;

and ten markets expect to win the cabbage.  Are cabbage happily for him was not

to meet all was nine and the cabbage can Play a news didn't a vegetable ago at

the wheel lock and Leopold would be quite happy but never to retire the

vegetables rate it seemed to want to Wall replies maybe they went to a better,

his colleagues cabbage tempo " toward new pair to cabbage wanted to use,

vegetables perhaps weeks Jacobs also lives.  Then what's the word.  It was

beaten disappear insulted a clever in its ability to help the czar."

 

 

(Quite a piece of work, huh?)

 

 

 

Ms. X’s RESPONSE TO THE MANUSCRIPT  “Quoth the Cabbage”:

 

Mr. Hulligan,

 

    I enjoyed "Quoth The Cabbage" immensely.  It has wit, and a charming

style, and considerable and fascinating information.  It is joyful and exciting

reading.

Congratulations!

     Contract is enclosed and self explanatory.

     I will do a multiple submission to five of the majors; it has become an

acceptable practice among my confreres, and it also tends toward possible

negotiating benefits in the event two or more express interest.

     We have a long-term arrangement with a copier who, at the rate of .10

cents per page, uses my signature quality heavy paper and includes packaging,

addressing and FedEx-ing (I pay the Fed-Ex).  Five copies of this manuscript of

239 pages (five copies = 1185 pages) at .10 cents per page is $118.50.  Adding

California's sales tax of $9.75 raises the total to $128.25.  If this

figure is comfortable for you, with the return of my copy of the signed

contract, please include a check in this amount, made payable to The XXX

Publication Group.

     There may be film possibilities, with a little luck.  Please--no

hurry--prepare a one page synopsis, and a more detailed one of perhaps eight

pages, for use as a screen presentation; we submit to both venues simultaneously.

 Warmest regards,

 

 (Ms. X’s signature)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

 

(Wow!  Film possibilities?  Now that adaptation we would have paid to seen.)

 

 

 

Not so funny if it happens to you:  Responses such as the one from the scam literary agent featured here speak for themselves.  Less obvious are the voices of the writers ripped off by these con-artists who pose as literary agents.  Those people whose confidence, trust and self-esteem have been seriously damaged by piranhas who prey on the hopes and dreams of others.  As one of the victims of the previously-mentioned agent said, *It’s not so much the money you lose.  That you can get over.  It’s really the way these scam agents leave a writer completely ‘Mind-F%&^ed’.*

 

 

A Final Word:  The proof is in the cabbage soup.  As hard as it may be to do, when somebody tells you that your work has charm, wit, and film possibilities, don’t go writing that check and rehearsing your Daily Show interview until you check them out thoroughly.  There are a lot of sharks out there, and some of them are hardwired to bite at anything that moves. 

 

 

 

 

©Razor’s Edge Publishing, Inc.

 

Publisher’s Note: Razor’s Edge Publishing, Inc.  has been granted the rights to use that brilliantly horrible manuscript, *Quoth the Cabbage* for the purposes of uncovering other scams within the book publishing industry.  If you know of a questionable agent or publisher who you believe should get the *Cabbage Test*, send your request to: info@razorsedgepublishing.com

 

 

 

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