Dr. Sol Adoni
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Amazon Payments VIOLATE State Laws
By The Dr. Rabbi Sol Adoni
This is my OPINION on Amazon and how the company intentionally violates the state laws that govern all the state licenses that Amazon has obtained for Amazon Payments as a MONEY TRANSMITTER.
First Amazon is a money transmitter and they obtained state licenses as such in almost every state in the USA. Amazon ADMITS such at their site explaining all the money transmitter licenses they have.
Amazon is based in Seattle Washington and as such they clearly fall under the jurisdiction of Washington State Laws in regards to the money transmitter license they have in Washington State. They also fall under the jurisdiction of almost every state in the USA as well since they have money transmitter licenses in almost every state and do online commerce in all 50 states.
The applicable LAW in Washington State is RCW 19.230.330 (Revised Code of Washington State). This LAW controls the 10 Day MUST PAY to merchants clause in Washington State. While I’m sure the ‘lawyers’ that Amazon will use to defend its abuse and criminal violations of this LAW the provision of RCW 19.230.330 (b) and will say they are selling 3rd Party goods.
Well, they are not, they are the defacto PUBLISHER of every eBook Title on their site due to they convert files into proprietary KINDLE FILES and they sell these Amazon created digital FILES they created from the IP assets (Intellectual Property) of others and they collect payment as a MONEY TRANSMITTER for what THEY CREATED based on the work of authors and as such they must PAY THE AUTHORS and PUBLISHERS as the LAW requires within 10 days.
They are not selling 3rd Party goods, they are selling unique digital files Amazon created from the work of others and the LAW IS CLEAR due to Amazon obtaining a money transmitter license in almost every state they are in the eyes of the court MONEY TRANSMITTERS and in their home state of Washington RCW 19.230.330 is the applicable RULE OF LAW in this matter.
I have six cites in the US Supreme Court.
The following statement by me is what I view as the civil and criminal FRAUD that Amazon and CEO Jeff Bezos is engaging in from my review of the entire Amazon payment system to authors and publishers. As the founder of a small publishing company I am personally involved in this process with Amazon but I have the eyes of an international JUDGE to see how Amazon knowingly abuses THE LAW and harms all authors and publishers in their KDP division.
Amazon is illegally withholding money due to every Indie Author and Publishing company they sell books and ebooks for, by illegally not disbursing any monies Amazon collects from sales of books and ebooks to authors and or publishers within 10 days of a sale.
That IS THE LAW for all licensed money transmitters in the state of Washington and Amazon is a licensed money transmitter in Washington. So the money transmitter law in Washington state is the proper law to apply in this matter.
Amazon has a defacto illegal contract with all Indie Authors and publishers via its KDP division. Kindle Direct Publishing is KDP.
The Amazon KDP contract illegally violates Washington state law for money transmitters in regards to stating Amazon not having to disburse monies due to Indie authors and publishers under their KDP contracts in a period of time STATE LAW MANDATES that Amazon must pay monies within as a licensed money transmitter.
When parties enter into a contract any provision that is illegal or against state or federal law is deemed in the eyes of a court to be an illegal provision and the LAW is subject to be enforced instead of enforcing the illegal provision that violates the law made by Amazon to scam or commit fraud upon authors and publishers in regards to paying them as LAW MANDATES they must as a money transmitter.
A royalty payments or ‘monies’ from a book sold by Amazon on say the first day of a month subject to Amazon’s illegal contract might not be paid by Amazon to the Indie Author or publisher for almost 90 days. The LAW is clear Amazon MUST PAY THE MONIES within 10 days after collected.
The LAW doesn’t care what the contract states, such illegal provisions that violate a LAW are null provisions, the parties must obey THE LAW not what a contract states.
THE LAW IS THE LAW
Amazon’s illegal late payments of monies due by LAW to Authors and Publishers amounts to BILLIONS OF DOLLARS each year being paid months late by Amazon that is used by Amazon to collect interest illegally on monies due to others. Amazon is illegally others property or money in this matter to collect interest illegally and the interest is done via FRAUD and ILLEGAL ACTIVITY and Amazon should be subject to RICO laws in my legal opinion since they are clearly a CRIMINAL ENTERPRISE operating in multiple states within the USA and as such they are major criminals under the jurisdiction of federal RICO laws.
All money earned by Amazon on literally BILLIONS OF DOLLARS each year that properly belonged to authors and publishers are illegal gains gotten by Amazon by harming authors and publishers whose monies were used illegally by Amazon for on average almost 80 days illegally.
The interest illegally collected by Amazon was done knowingly and intentionally by Amazon so the actual damages are under the legal doctrine of Treble Damages.
That means Amazon should be found guilty and ordered to pay the authors and publishers triple the amount of interest Amazon illegally earned by withholding monies due to authors and publishers.
Amazon is also subject to a major punitive damage award due to the intentional criminal violation of state laws in this matter. If this case came before me as a Judge, I would levy a multi-billion dollar judgement against Amazon to set a legal precedent that such egregious corporate criminal behavior should be deterred by the penalty being so large to set an example that prevents other corporate criminal enterprises from commuting such behavior.
Thus far a class action against Amazon where the plaintiffs are sellers of goods on Amazon has been filed, but my opinion in this article is about how Amazon is intentionally harming a specific class of people those being authors and publishers with an illegal contract provision in the KDP operation of Amazon.
Authors and publishers need to file criminal complaints with the Washington Attorney Generals Office in regards to Amazon intentionally violating the laws that govern their Washington State license as a money transmitter. They should also file criminal complaints with the US AGO.
Amazon is simply one of the most abusive corporate criminal enterprises I have ever reviewed.