State Regulation of Fraud in the Charitable Sector February 7-8, 2013
Discussion touched on the ways in which state regulators and federal regulators could better support each other, the shared challenge of pursuing fraud under resource constraints, potential legislation to extend the FTC’s jurisdiction over charitable entities, and the need to resolve the (legislatively imposed) restrictions on information-sharing with the states.
Your browser doesn't support video. Please download the file: video/mp4 Panelists: , M. Ruth M. Madrigal Attorney Advisor, Office of Tax Policy, U.S. Department of Treasury , David Vladeck Professor of Law,Georgetown Law School, Former Director of the Bureau of Consumer Protection, Federal Trade Commission Moderator: Cindy M. Lott , Senior Counsel, National State Attorney General Program, Columbia Law School View Panel Resources January 22-24, 2009 Resource Materials
Marion R. Fremont-Smith,
“Pillaging of Charitable Assets: Embezzlement and Fraud,” Tax Analysts Special Report, December 2004 (PDF) Andras Kosaras and Marion R. Fremont-Smith, “Wrongdoing by Officers and Directors of Charities: A Survey of Press Reports 1995-2002,” The Hauser Center for Nonprofit Organizations, The Kennedy School of Government, Harvard University, September 2003 (PDF) Janet Greenlee et al, "An Investigation of Fraud in Nonprofit Organizations: Occurrences and Deterrents," Nonprofit and Voluntary Sector Quarterly, December 2007 (PDF) Janet Greenlee and Mary Fischer, “Nonprofit Fraud: Cost and Damage Assessment” (PowerPoint) Proskauer Rose LLP, "A Discussion of Investment Management Practices in the Wake of Madoff" (PDF) Michael DeLucia, “Preventing Fraud: From Fiduciary Duty to Practical Strategies,” New Hampshire Bar Journal (PDF) State Reports
Attorney General’s 19th Annual Report on Commercial Fundraisers (2010) Colorado: Annual Report on Charitable Solicitations (2011) Massachusetts: Report on Professional Solicitations for Charity in 2011 Michigan: Professional Fundraising Charitable Solicitation Report (2012) New York: The Attorney General's Report on Fundraisers in New York New York: Revitalizing Nonprofits, Renewing New York: Report to Attorney General Eric T. Schneiderman New York: Pennies for Charity - Where Your Money Goes North Carolina: Charitable Solicitation Licensing Division Annual Report (2011/2012) Oregon: Charitable Giving; It Makes a Difference. (2006) South Carolina: Scrooges and Angels for 2012 Vermont: Where Have All the Dollars Gone? (2012) Publications and News Articles
Can States prosecute solicitors for misrepresenting fundraising costs?
Illinois ex rel. Madigan v. Telemarketing Associates, Inc. - 538 U.S. 600 (2003)
Meacham, Augusta. "
To Call or Not to Call? An Analysis of Current Charitable Telemarketing Regulations." 12 CommLaw Conspectus 61, The Catholic University of America, 2004 Regulation of Charitable Solicitations in the United States of America Citation: Barber, Putnam. “ Regulation of Charitable Solicitations in the United States of America.” Prepared for Presentation at the 9th International Conference of the International Society for Third-Sector Research, Istanbul, Turkey, July 7-10, 2010.
Evan, David. “
Charities Deceive Donors Unaware Money Goes to a Telemarketer” Bloomberg Markets Magazine, September 20, 2012