The Attorney General’s Charitable Law Section investigates complaints about charities whose leaders fail to follow legal obligations that extend to all charitable organizations. If you are aware of fraudulent or inappropriate conduct taking place in a charity, please file a complaint with the attorney general’s office.
Champion City Athletic, Inc. – Champion City Athletic, Inc. entered into an Assurance of Discontinuance in August 2018. Following an investigation, it was determined that the Champion City Athletic was in need of proper board governance and oversight of cash transactions. The organization agreed to hold at least one board meeting every six months, complete a board governance training program within 90 days of the executed Agreement, remove the word “bingo” from their “Baseball Bingo Fundraiser”, and implement a written policy on paying umpires and the handling of any other cash transactions.
Greater Cincinnati Police Athletic Association –Timothy Mercurio, former leader of the Greater Cincinnati Police Athletic Association, entered into an Assurance of Discontinuance in September 2018. An investigation determined that Mercurio used the organization’s credit card to make over $14,000 of personal purchases. Additionally, little to no programming consistent with the organization’s purpose had occurred. Mercurio agreed to dissolve the Greater Cincinnati Police Athletic Association, repay the misappropriated funds, and disburse the remaining funds to the AGO. Additionally, a referral to the Hamilton County Prosecutor’s Office was made. The prosecutor’s office launched a criminal investigation which resulted in the filing of a felony theft charge against Mercurio; the case is pending in the Hamilton County Court of Common Pleas.
Amelia Youth Athletic Club – Andrew Lane is permanently prohibited from soliciting in the state of Ohio and incorporating or holding any position in a nonprofit per the terms of a September Assurance of Discontinuance. Lane served as the Treasurer of Amelia Youth Athletic Club and from 2009 until his resignation from the board in 2013. Between 2011 and 2013, Lane withdrew over $68,000 in charitable funds from the organization’s bank account and failed to provide receipts or an accounting of said withdrawn funds.
The Cat Crossing, Corp. – Mary Wawrytko, former President of The Cat Crossing, entered into an Assurance of Discontinuance in October 2018 under which she was prohibited from holding any position on a nonprofit board for a period of three years and soliciting for charitable purposes. Former Secretary and Treasurer Sandra J. Thomas also entered into an Assurance of Discontinuance and was prohibited from holding any position on a nonprofit board and soliciting for charitable purposes. The Cat Crossing was required to schedule an election for new board members by October 16, 2018, and the new board agreed to implement internal controls and board governance practices.
Lowellville Rod & Gun Charitable Trust & Fictitious Acting Officers & Agents – The Office received a complaint from the Lowellville Rod and Gun Club, Inc. regarding a separate charitable trust that the Rod and Gun Club had previously formed to raise money for high school scholarships. The complaint alleged, among other things, that the individuals responsible for the trust had ceased awarding scholarships, but continued to solicit donations and refused to provide information or updates to the Rod and Gun Club. In October 2018, the Office entered into an Assurance of Discontinuance with John and Clair Kopcsos and the Mill Creek 501(c)(3) Conservation Scholarships trust. Under the agreement, Mr. and Ms. Kopcsos were prohibited from holding any position in a charitable organization and participating in solicitations in the state of Ohio. Additionally, Mrs. and Mrs. Kopcsos agreed to dissolve the trust and pay a civil fine of $600.
Cleveland Turners STV – Upon review of Cleveland Turners STV’s bank accounts, most of the transactions were found to be questionable in nature. Brian Weaver, the organization’s Treasurer, withdrew large sums of cash, paid credit card bills from the general account, and made purchases from video game companies. Additionally, the investigation found that he had opened a personal account with the specific purpose of depositing organizational funds into. Weaver was unable to provide sufficient records to these money transfers. As such, he entered into an Assurance of Discontinuance in October that required repayment of $5,500. Weaver is also prohibited from being involved with any charity.
Cleveland Dog Rescue & Rehabilitation Center – Daniel Makara, former President of Cleveland Dog Rescue & Rehabilitation Center, entered into an Assurance of Discontinuance in October 2018. Although Makara claimed to operate a for-profit business, an investigation determined that he continuously misrepresented himself as a charitable entity by publishing fundraising campaigns through GoFundMe and Facebook. He also led potential donors to believe that their donations would be tax deductible, maintained incomplete records of charitable donations and expenses, and commingled charitable funds for Cleveland Dog Rescue & Rehabilitation Center with his for-profit animal rescue organization. Under the agreement, Makara is prohibited from incorporating or holding any position in a nonprofit and soliciting in the state of Ohio. Additionally, he was required to remove any remaining active rescue and donation websites.
Tri-Valley Youth League – Brian King entered into an assurance of discontinuance in November 2018, agreeing to maintain at least three board members at all times, complete a board governance training program and keep a written ledger detailing expenses and reimbursement payments. The agreement followed an investigation into an allegation that he was running Tri-Valley Youth League, a youth baseball team, unethically.
Columbus Restoration Church – Complaints were received against Columbus Restoration Church alleging that the organization was soliciting in front of Walmart stores without having 501(c)(3) status and misrepresenting the use of its funds. According to another complaint, Columbus Restoration Church used groups to solicit donations under false organization names, paying them with the funds collected. The Office entered into an Assurance of Discontinuance with Columbus Restoration Church and Henry and Esther Llausas in December 2018. The Assurance of Discontinuance requires Mr. and Ms. Llausas to pay restitution in the amount of $70,000, with $35,000 upfront, and the remainder over a four-year period. Mr. and Ms. Llausas also agreed to dissolve Columbus Restoration Church and are prohibited from incorporating or operating a nonprofit in the state of Ohio in the future.
Ethnic Voice of America – In December 2018, Irene Smirnov entered into an Assurance of Discontinuance prohibiting her from holding any position in a charitable organization in the state of Ohio and from the solicitation of charitable funds (with the exception of charitable activities of her church). Per a previous order in April 2010, Smirnov, the founder and President of Ethnic Voice, was barred from serving on a charitable board or having any involvement with bingo. Our investigation found that Smirnov had been using past bingo proceeds to pay herself and her late husband a monthly salary, yet no charitable programming was occurring. The organization also lacked a proper board structure. Smirnov agreed to immediately dissolve Ethnic Voice.
Wings of Love Crusades, Inc. – An investigation found that Wings of Love Crusaders, Inc. had accumulated an extensive amount of questionable expenses that could not be properly accounted for and/or justified. Under a February 2019 Assurance of Discontinuance, Wings of Love Crusaders, Inc. agreed to maintain a board of five members, attend board governance training, pay a civil penalty of $1,000 for its misuse of funds, and implement policies and procedures to prevent future misuse of funds.
Kelly Youth Services, Inc. – Kelly Youth Services, Joe Kelly, and Tiffany Kelly entered into Assurances of Discontinuance with this Office in February 2019. An investigation found that Mr. and Mrs. Kelly failed to comply with the requirements of ORC 1716. Further findings indicated that Mr. and Mrs. Kelly breached their fiduciary duties of care to properly manage accounts, to comply with the law, and to act in the best interest of the charity. Kelly Youth Services failed to act to safeguard its charitable assets. The Assurances of Discontinuance agreed upon by Kelly Youth Services, Joe Kelly, and Tiffany Kelly require the organization to adopt proper internal controls to better safeguard its charitable assets.
Highland County Dog Pound Volunteer Program – Cathy Seifer entered into an Assurance of Discontinuance in February 2019. The Office’s investigation uncovered discovered the organization’s lack of board governance, theft of donated items, and over $8,200 in possible misappropriated funds. Ms. Seifer agreed to pay a civil fine of $4,000 and dissolve Highland County Dog Pound Volunteer Program. She is also prohibited from solicitation in Ohio for charitable purposes, incorporating a non-profit organization, and serving on a non-profit organization’s board.
Liberty Township Baseball Association, Inc. – Anthony Patrone entered into an Assurance of Discontinuance in March, agreeing not to hold any position as an officer or trustee of any charity in Ohio and not to solicit for any charitable purposes in Ohio. Patrone also agreed to pay a $2,000 civil fine. The settlement followed an investigation into allegations that he had mishandled funds of Liberty Township Baseball Association, Inc. and Liberty Little Leopards Association, Inc., two youth sports organizations.
Cops for Kids/Telcom Enterprises Ohio, Inc. – The Office filed a lawsuit against the children’s charity, Cops for Kids, Inc., its two operators, Charles Hitzel and Thomas Duffy, and its professional fundraiser, Telcom Enterprises Ohio, Inc., in November 2017. It was alleged that Cops for Kids and Telcom defrauded Ohio donors and misled them about how their money would be spent. In January of this year, Telcom entered into an Agreed Entry and Order with the Office. Telcom agreed to permanently cease all charitable solicitations on behalf of any charity in the State of Ohio and dissolve by the dates specified in the Agreed Entry. Telcom also agreed to a civil penalty in the amount of $125,000. Of that amount, $85,000 is suspended on the condition of no further violations of either Ohio law or the Agreed Entry. In March, the Office entered into an Agreed Entry and Order to settle claims against Cops for Kids, Inc., Charles Hitzel, and Thomas Duffy. Cops for Kids and Charles Hitzel agreed to permanently cease all charitable solicitations in Ohio. Cops for Kids will be dissolved within sixty days and will not incorporate any charitable organization or hold any position as an officer, trustee, employee, agent, or volunteer of any charity in Ohio. Cops for Kids and Charles Hitzel also agreed to pay civil penalties in the amount of $2,500 each.