CHARITABLE OHIO

Nonprofit News

Enforcement Actions Help Protect Charitable Sector

March 16, 2016

To help protect the charitable sector, the Ohio Attorney General’s Charitable Law Section takes enforcement actions to ensure that charitable funds are used as intended and that Ohio’s charitable laws are followed.

Recent enforcement actions include:

  • Craft show operators agree to stop using charitable appeal for business: A northwest Ohio couple agreed not to solicit for charities in Ohio after an investigation by the Charitable Law Section found that they were unable to document charitable contributions. Tania O’Brien (also known as Tania Sieler) and Gary O’Brien had organized craft shows under the name “People Who Care,” claiming that the shows would benefit charities. However, the investigation determined that the O’Briens had failed to maintain true records of their solicitation activities and failed to provide complete and timely payment to charities. Under an Assurance of Discontinuance filed in February 2016, they agreed not to use charitable appeal for future business ventures.
  • Former humane society president agrees not to handle charitable funds: Donna M. Norfolk, a former president of the Holmes County Humane Society, agreed not to hold any position as an officer, trustee, or employee of any charitable organization in Ohio and not to solicit for charitable purposes in Ohio under a January 2016 Assurance of Discontinuance. Norfolk had served as the organization’s president between July 2009 and July 2011. For a period of time, she also assumed the responsibilities of treasurer. An investigation by the Attorney General’s Charitable Law Section determined that she had used charitable funds for personal expenses.
  • Indiana operation agrees to stop soliciting in Ohio: America Funding Communities Inc. and its operator, Kristie Jackson, both of Indianapolis, agreed to stop operating in Ohio after an investigation by the Charitable Law Section determined that the group used charitable donations for personal use. The organization had raised money by soliciting outside grocery and discount stores, claiming donations would provide care packages and support to enlisted men and women. Under a February 2016 Assurance of Discontinuance, if AFC or Jackson violate the agreement they will be required to pay $10,000 to the Ohio Attorney General’s Office.
  • Local diabetes organization agrees to provide disclosures: Lake County Juvenile Diabetes Walk Family (LCJDWF) agreed to add a disclosure to its marketing materials stating “LCJDWF is an independent non-profit that has no affiliation with Juvenile Diabetes Research Foundation or any of its chapters.” An investigation determined that LCJDWF had given donors the false impression that it was associated with the national organization Juvenile Diabetes Research Foundation. Under an Assurance of Discontinuance signed in February 2016, LCJDWF also agreed to have board members participate in board governance training and to be truthful when soliciting for donations.
  • Children’s charity operator agrees not to solicit for charity in Ohio. Emmanuel T. Mohammed agreed not to hold a position as an officer, trustee, or employee of a charity in Ohio and not to solicit for charitable purposes in Ohio under a January 2016 Assurance of Discontinuance. Mohammed had operated an organization called the Mission for Children’s Health Africa. An investigation by the Charitable Law Section determined that the organization did not properly register with the Ohio Attorney General’s Office and did not keep adequate records of charitable contributions.
  • Michigan professional solicitor agrees to $60,000 settlement. Under an Assurance of Discontinuance filed in March, Associated Community Services Inc., a professional solicitor based in Southfield, Michigan, agreed to pay $60,000 to the Ohio Attorney General’s Office, to hire a new director of compliance, and to stop soliciting in Ohio for one year if it’s more than 45 days late in making payments required under the assurance. An investigation by the Attorney General’s Charitable Law Section determined that Associated Community Services failed to timely register with the Attorney General, failed to provide timely notices of campaign changes, and failed to file timely financial reports in connection with multiple campaigns conducted in Ohio.

Anyone who suspects misuse of charitable funds should contact the Ohio Attorney General’s Charitable Law Section. Complaints can be filed online at www.OhioAttorneyGeneral.gov or by calling 800-282-0515.

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