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The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

Posted by Victoria Strauss for Writer Beware®


Early in 2019, seventeen writers were recruited to participate in a box set of medical thrillers, called (with unforeseen irony) Do No Harm.

The buy-in: $750, with net income from sales going to two designated charities, and participating writers receiving a pro-rated share of any net income above those contributions. The goal: through cooperative marketing efforts, to get the set on the USA Today bestseller list.

Here's how the opportunity was presented to potential participants (this is from an email that was shared with me):


In other words, right off the bat, authors were being primed not to expect to make money.

Helming the endeavor was a five-year-old PR company called Genius Media Inc., owned by a man called Wid Bastian (full name: Widtsoe T. Bastian). Per this long 2017 discussion on KBoards, one of Genius Media's not-so-genius MOs was to cold-contact writers by form email and offer glowingly-described Kindle Unlimited promotions. "For you, my estimate on an eBook promo is 10,000 plus downloads and 700 plus sales, positive ROI right out of the gate and huge page read income."

The cost: $2,000.

KBoards members urged caution, especially after expert analysis of Genius's claims indicated that its promotions weren't as successful as it advertised, and information offered by a writer who'd paid for a promo suggested that Genius was violating the TOS of the advertising platforms it used. Also noteworthy: this post from a writer who bought two promos from Genius, and lost money on each one. "That is what Genius Media told me to expect, that the first promo would not show a profit, but that by the second or third promo, they would show a profit." (The writer bought a third promo.)

As it turns out, these concerns were a sign of things to come.

Do No Harm was published, as promised, and made the USA Today bestseller list, also as promised. On October 3 (or possibly October 4), it was unpublished--three (or possibly four) days after the contractually-stipulated end date of September 30.

Per the contract (which you can see here), final reporting and payment was due to authors "no later than December 1". December 1 came...and went. Bastian promised anxious authors they'd get everything by December 15.

One day past that deadline, they did receive a report...but not from Genius Media. Between early December and December 16, with no notice or warning, a company called Kairos Phoenix had purportedly acquired Genius. Other than its business registration--in Wyoming, just like Genius's--and hometown--Logan, Utah, again just like Genius's--Kairos was a black box, with zero web presence. It had incorporated less than a month earlier, on November 22. (You can see the report here.)

That wasn't all that was suspicious. Here's Kairos's financial breakdown:


In other words, USA Today bestselling box set Do No Harm hadn't just failed to make a profit, it had lost money. But...where was the revenue from the $750 buy-in fees--which, with 17 authors, totaled $12,750? (Kairos's explanation: it wasn't included because it was "ordinary income" for Genius Media. "As stated in the contract, the fee was paid to 'participate' in DNH Collab by the author and for no other purpose".) Where were revenues for the days the set had been on sale past the unpublish deadline? (Kairos: "The contractual period for DNH Collab was strictly defined in the contract" as September 30, so any revenue past that date was "irrelevant".)

Equally troubling, why were there more than $15,000 in expenses--three-quarters of which were for "labor"--when the contract stipulated that expenses were not to exceed the total of the buy-in fees? According to Kairos, this wasn't really an expense cap: "This provision was specifically and intentionally included in the contract language to avoid the possibility of a 'cash call' – Genius Media asking authors to contribute more to DNH Collab to achieve the goal of making USA Today Bestseller status. No 'cash call' was ever made in the DNH Collab."

Here's the actual contract wording, though (my bolding):

For the purposes of the USA Today Bestseller Medical Thriller Author Publishing Collaborative Boxed Set program, Genius Media shall not incur any publication and promotion expenses of any nature in excess of the fees paid under the terms of its author agreements and shall have no power to obligate [redacted] or any other author for any publication and promotion expense above author fees paid whatsoever.

There's a "cash call" prohibition and an expense cap. But Kairos wanted writers to believe otherwise, so it could inflate expenses and ensure a loss.

It was obvious to Do No Harm participants that Kairos was taking the money and running--avoiding the substantial payouts it would otherwise have to make by retroactively interpreting contract language, and also enabling Bastian himself to claim he was blameless because of Genius's supposed takeover by an unrelated company. (No one was under any illusion that Kairos Phoenix was anything other than Bastian in a different guise.)

Authors were furious. On December 22, two of them, Christoph Fischer and Dan Alatorre, went public with their experience. Others posted warnings on Kairos's corporate business listing.

Do No Harm isn't the first time Bastian has run this scheme, either.


The box set in question appears to be Tales From Big Country, which was published around the same time as Do No Harm. A third set, Galaxia, was pubbed in September, with profits supposedly going to the Well Aware clean water charity. I've been told that Bastian is recruiting for other sets, including a collection of thrillers.

So who is Wid Bastian, a.k.a. Widtsoe T. Bastian?

His LinkedIn profile ("EXPOSE your new book to develop your author brand and sell more books!") identifies him as the owner of Genius Media, and also of an ebook promotion program called Book Dynamite. In an earlier profile on a freelancers' job site, he describes himself as a "published novelist and screenwriter" (more on that below) who "makes most of my daily bread as a ghostwriter." He also has an IMDB profile, presumably because of his efforts to make a film of the life of Greek Orthodox priest Fr. Themi Adamopoulos.

Genius Media's website has been taken offline, but traces remain in the form of cached pages, and here's how it looked in January 2016, courtesy of the Internet Archive (more recent versions haven't been archived). The company has a D+ rating from the BBB. Bastian also owned or was an officer with at least three other companies during the early to mid-1990s: Off & Flying, Prospex Interntaional [sic] (yes, it really was registered with a typo in the name), and Nevada Pension Investment Fund. Both Off & Flying and Prospex had their statuses "permanently revoked" a few years after incorporating. All three are long dead.

There is also a Widtsoe T. Bastian who pleaded guilty to 13 felony counts including embezzlement, money laundering, and bankruptcy fraud in US District Court in North Carolina, and in 2005 was sentenced to one hundred and forty-four months in prison and restitution of more than $3,000,000. Nothing I can find online directly connects Widtsoe T. Bastian of Genius Media to Widtsoe T. Bastian of North Carolina, so it may be a different person. But Widtsoe T. Bastian is quite an unusual name, as a websearch will make clear.

Finally...I can't say "what goes around comes around", since this pre-dates the ripoff that's the subject of this post, but it certainly seems like a case of advance karma: Bastian's own 2010 novel, Solomon's Porch, was published by none other than Tate Publishing & Enterprises, a notorious vanity publisher that scammed thousands of authors and a multitude of staff, and whose owners pleaded guilty in 2017 to an array of felony charges very similar to the ones described in the previous paragraph.

Tate authors suffered terribly at the hands of their unscrupulous publisher, but Wid Bastian is one Tate author I can't feel all that sorry for.

UPDATE 12/31/19: PACER was down yesterday, so I wasn't able to do a case search. I did so this morning, and here's what's there for Widtsoe T. Bastian:


Some of the listings are redundant, and several cite court documents without any links to those documents. But there's enough available to paint a tangled picture of a 1995 Chapter 11 bankruptcy in Nevada involving several companies in addition to the three mentioned above (the case was finally closed in 2002); a 1999 indictment in Nevada "on charges related to the operation of [Bastian's] venture capital firm"; failure to appear in a Nevada court in 2001; and a 2002 arrest in North Carolina, leading to the plea of guilty on 13 felony counts referenced above.

In 2012, Bastian was placed on probation or supervised release, and jurisdiction over his case was transferred to US District Court for Utah. His probation ended on May 4, 2015.

UPDATE 2/21/19: I'm featuring this comment from yesterday, as it's more indication of a pattern (the commenter has shared documentation with me that confirms what they say below):

In 2013-15, I hired Mr. Bastian as a ghost writer and later co-author of a novel we wrote together called Henry and Tom, sold through Amazon/Kindle Direct Publishing (KDP).

In mid 2015, Mr. Bastian embezzled money from a joint bank account we opened to pay for marketing campaigns for Henry and Tom. Rather than pursue embezzlement charges, I hired an expensive lawyer in Washington DC to transfer all rights for Henry and Tom to me in exchange for a $4K payment to Wid and a non-disparagement clause for both of us. This seemed at the time like the most expedient and cost effective way to deal with all the problems Mr. Bastian had caused.

I thought this matter was concluded until recently when Amazon/KDP informed me that a debt collection firm had placed a lien on Henry and Tom due to a bankruptcy filed by Wid Bastian/Genius Media Inc. KDP is currently sending my royalties to the collector per the lien. I have filed formal complaints with Attorneys General in Connecticut, New Jersey, and New York in an attempt to have the lien removed in states where the debt collectors are registered. I have also filed formal complaints against Wid and Genius Media Inc. with the Attorney General of Utah and the County Attorneys Office in Providence, Utah.

I think blogs like this are creating awareness of the depth and extent of Wid’s continuing criminal activities so we can all work together to stop him from doing this to others and get him to face justice.

You'll note a reference to a bankruptcy. Wid Bastian filed a Chapter 7 bankruptcy petition on January 13, 2020.


A number of victims of his box set schemes are listed as unsecured creditors; if you're one of them, you should have received a snail mail notice, but if you haven't, and are wondering if you're included, here's the Certificate of Notice, with all Bastian's claimed creditors.

The bankruptcy filings also confirm what everybody already knew: Kairos Phoenix was Wid Bastian. The reason he set up this company probably won't surprise you, either.

The last few weeks have seen Virginia racked by government scandals, including Democratic Gov. Ralph Northam and Attorney General Mark Herring’s histories with blackface, and allegations of sexual assault against Lt. Gov. Justin Fairfax. Democratic Party leadership has since swiftly called for the resignations of Northam and Fairfax — demands that some on both sides of the aisle […]

Cosmoooo

HELLO

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Second member of banned folk group dies in country where few political protest options remain

İbrahim Gökçek died at an Istanbul hospital after almost a year on hunger strike protesting against the detention of his wife, Sultan. She was still in prison, rather than at his side, when he died in intensive care on Thursday, two days after abandoning his strike.

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Cherished figures from pillar of country’s culture among the dead, as virus hits working-class areas

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From that initial cold forkful to just the right amount of cheese, we’ve settled it – this is how you should be enjoying your beans

Forget whether the dress was blue or white, or if there was room for Jack on that floating debris – the most heated debates of our generation revolve around food. Does the jam or cream go on a scone first (and how do you pronounce scone)? Does pineapple belong on a pizza? And should your Heinz ketchup be kept in the fridge? (For the record: jam then cream; rhyme it with “gone”; certainly not; and yes, definitely. Glad we cleared that up.)

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Labour’s shadow foreign secretary says coronavirus crisis exposes ‘myth of exceptionalism’

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Lisa Nandy has said the government’s “go it alone” approach left Britain unable to to prepare for the coronavirus crisis as she urged Boris Johnson to spearhead international cooperation to create and distribute a vaccine.

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When councils were instructed to provide accommodation for their homeless population to protect them from coronavirus, Mike Matthews, owner of the Prince Rupert hotel in Shrewsbury, was one of the first to step in. The decision was part business decision to save his hotel, part philanthropy to help homeless people he admits he usually ignored. The new residents, including a former employee, feel it has given them some dignity back and offered them a rare feeling of family and safety. They also know this cannot be a permanent change to their lives, so what happens next?

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Lebanon’s coronavirus lockdown has sent an economy already in deep trouble into freefall, and many are struggling to survive. Gino Raidy is an activist who was prominent during the October 2019 anti-government corruption protests. Now, with many fearing hunger and believing there is nothing left to lose, he is helping to keep demonstrators safe as they demand real and lasting change

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Have you been keeping up with the news?

What reason did the government give for not joining the EU procurement scheme on four separate occasions?

Brussels had the wrong address so we never got the email

We weren’t allowed to because we had left the EU.

All the European ventilators had the wrong plugs.

In her evidence to the home affairs select committee, did Priti Patel say that the reason passengers weren’t tested on arrival at airports was because...

The UK had too many international air passengers

The UK had too few international air passengers

The UK had both too many and too few international air passengers

The communities secretary, Robert Jenrick, owns three homes, two of which are in London. Where is the third which he visited in contravention of lockdown rules?

Exmoor

His constituency of Newark

Herefordshire

What did the Daily Mail think VE Day stood for in its readers’ offer for a 75th Anniversary Celebration coin?

Victory in Europe

Victory for Europe

Victory over Europe

Who was visited by the police after breaking lockdown to go to Dover to make a video about his failure to find any illegal immigrants?

Richard Tice

John Redwood

Nigel Farage

How many people in South Korea (population 52 million) have died from the coronavirus?

256

2,560

25,600

What did Donald Trump suggest people should think about using to help them beat coronavirus?

Sunbed courses

Dettol

Chloroquine

What is France selling to help pay for the coronavirus crisis?

The Arc de Triomphe

The wine cellar of the Elysee Palace

Its national collection of antique furniture

How long do you get on a free Zoom conference call?

30 minutes

40 minutes

60 minutes

What was Boris Johnson doing when he took 10 days off in Chequers in February during the early days of the coronavirus pandemic?

Recovering from his 10-day break to Mustique at the New Year.

Sorting out his complicated private life.

Helping Carrie Symonds arrange a baby shower for her friends.

What was the name of the two doctors who cared for Boris Johnson in St Thomas’ after whom he named his son?

Imran

Ranjit

Nicholas

What aliases did the transport secretary, Grant Shapps, use for his second job as an internet marketeer when first elected as an MP?

Maurice Blue and Archie Stoat

Mostyn Orange and Torquil Beaver

Michael Green and Sebastian Fox

How many coronavirus tests did Priti Patel tell a Downing Street press conference had been carried out?

300,034,974,000

3,000,349,740,000

30,034,974,000

Who is being lined up to take the blame for the inevitable public inquiry into the government’s handling of the pandemic?

The EU

Matt Hancock

Meghan and Harry

How much will a mug of coronavirus breakout star, Chris Whitty, cost you from the ‘Chris Whitty Appreciation Society’?

£8

£10

£12

What did deputy chief medical officer, Jenny Harries, tell a Downing Street press conference in March that couples should do?

Separate

Stop being so needy

Move in together

Banksy has donated a new artwork to Southampton general hospital. It depicts a boy holding up

A testing kit

A Boris Action man

A nurse doll

Where is Tom Cruise’s new film set to be shot?

The International Space Station

Richard Branson’s Necker Island

The Nightingale Hospital in London

What was Meghan reading to her son Archie in his first birthday video

Lights! Camera! Action!

Duck! Rabbit!

Duck! Never!

15 and above.

Excellent: give yourself a round of applause

11 and above.

Well done: you seem to have been paying attention to the news

7 and above.

Not bad: you appear to have been trying to keep with events

0 and above.

Risible: were you trying to get the answers wrong?

3 and above.

Very poor: do you follow the news at all?

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Security council had spent weeks seeking resolution but Trump administration opposed mention of organization

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When @JoshuaPotash shared this cute video on twitter, people couldn't handle the thought of a cute little squirrel going to a place where everybody knows its name.

This video is from 2017 but it just makes us feel so warm and happy that we had to let it surface once more! 

The video is only a bit over a minute but filled with a lot of emotions, excitement, and love, that you can just feel. 

Elephants are truly remarkable animals, so intelligent and gentle, you can just tell they have a big heart. 

It’s the end of the academic semester for many students around the globe, so here comes the flurry of DIY projects. Always a great time to check out all the cool hacks from our readers all over the world. One project that piques our interest comes courtesy of [Jason Ummel] …read more

[a-RN-au-D] was looking for something fun to do with his son and dreamed up a laser blaster game that ought to put him in the running for father of the year. It was originally just going to be made of cardboard, but you know how these things go. We’re happy …read more

Trailer previews sci-fi action game from Tales of Vesperia team

Butt Detective also wins judges committee award

Out-of-studio recordings continue from cast, crew's homes

This video is an oldie but goldie. Joseph Gordon-Levitt turns the tables on the paparazzi that were bombarding him with cameras and questions. It's a curious thing to see how the paparazzi react when being fed a ration of their own medicine. It's almost as if they don't like it, like really don't like it. 

Yay, this fun little Tumblr thread involves a barista dude talking about his overwhelmingly positive antics, at the cafe. Sounds like some people get with that energetic flow, while others want nothing to do with the bubbly optimism. Either way, it sounds like this barista is completely at peace with where they are in the game of life, and thus decided to have fun with the moment as it is. Those drink nicknames are something else. 

If you're like anyone else, it's hard to escape garbage moments made possible by shortsighted people who aren't thinking with everyone's best interest in mind. There are crook landlords, people stealing crap, and some massive disrespect just floating around the world. This trashiness belongs on Garbage Island.

Get ready to soak up all this random knowledge about just how wild medieval battle tactics were. It's a true rollercoaster. 

We try to stick to our “no more than once a week” posting pattern out of respect for your overstuffed inboxes, but I think you’ll see why we had to deviate. Jim’s publisher has revealed Chris McGrath’s gorgeous cover art for the second of the two Dresden novels coming out this year, Battle Ground! Battle [...]

via http://deutscheundjapaner.com/projects/ucon_dj

via http://deutscheundjapaner.com/projects/ucon_dj

Artificial intelligence can tell whether a human or a bot is posting on Twitter based on how regularly they post and how much they reply to others, which could help identify fake accounts

People born prematurely may have weaker hearts that recover less well after exercise, potentially explaining their increased risk of heart disease