AG Ferguson wins $1.4M judgment against Vancouver-area charity directors who misused charitable funds

FOR IMMEDIATE RELEASE:

Nov 13 2024

The Noble Foundation founder Ophelia Noble must sell and pay proceeds from house and car she purchased with charities’ money

VANCOUVER — A Clark County Superior Court judge has approved a judgment of more than $1.4 million against former directors of three Vancouver-area charities as a result of Attorney General Bob Ferguson’s lawsuit. Founder Ophelia Noble and the former directors of The Noble Foundation misused charitable funds that were meant to serve communities of color and low-income individuals in southwest Washington.

The foundation and its charities almost exclusively raised money from state grants and major philanthropic organizations.

Noble failed to account for more than $1 million of the foundation’s charitable funds in violation of Washington’s Nonprofit Corporation Act. Examples of Noble’s misuse of charitable funds include paying herself hundreds of thousands of dollars, using charity money to buy a vehicle for her personal use, and directing The Noble Foundation to buy her father’s house and reselling it to her at a deep discount. The other directors — Douglas Noble (Noble’s father), Alice Prejean (Noble’s mother), Joann Hampton and Alyce Noble (Noble’s daughter) — violated their own responsibilities to the organization by enabling Noble’s misconduct, approving and at times financially benefiting from it.

The order requires Noble and the other directors to jointly pay $25,000 for misusing the charitable funds. Noble must sell the house and car she unlawfully purchased with the charitable funds and repay the proceeds — a combined value of approximately $400,000. Those resources will cover part of the cost of the Attorney General’s investigation and lawsuit. They will be used toward future enforcement of laws protecting charitable assets.

Noble is also banned for life from operating or managing a charity in Washington. The other directors are banned from charity management in Washington for the next 10 years. The remaining $1 million in civil penalties are suspended as long as Noble and the other directors follow the law and comply with the terms of the judgment. If they do not, they will be required to pay the $1 million, plus interest.

“Ophelia Noble and the charities’ directors failed the communities they were supposed to serve,” Ferguson said. “My office will continue to be a watchdog ensuring that charities follow the law.”

Assistant Attorneys General Rose Duffy, Robby Staley and Joshua Studor; Paralegals Savannah Krug, Kristina Winfield, Lauretta Dunn, Mary Barber and Ashley Totten; Legal Assistants Nathan Pinard and Avery Gault; and Investigators Bau Vang, Michelle Bigos-Taylor and Rebecca Hartsock handled the case for Washington.

Ophelia Noble, family benefited from nearly $1 million in misused funds

Ophelia Noble started The Noble Foundation in 2012 to serve communities of color in Vancouver, Kelso and Longview.

In 2019, the charity expanded rapidly, securing hundreds of thousands of dollars from the Washington State Office of Financial Management as part of a state effort to encourage members of undercounted Black, Indigenous and People of Color (BIPOC) communities to register for the 2020 Census.

The foundation continued to grow when the pandemic hit. Its directors created and managed a second charity, Our Place/Nuestra Casa Multicultural Center. Our Place established community centers and provided emergency rent assistance, vaccine outreach and other pandemic relief services.

With increased attention around racial justice and policing issues, the charities’ directors created a third charity, Southwest Washington Communities United for Change. Southwest purportedly focused on organizing protests and trying to increase participation and political representation for BIPOC communities in Clark and Cowlitz counties. It brought in several hundred thousand dollars from grantors interested in establishing a BIPOC-led political organization serving southwest Washington.

The charities received approximately $1.5 million from major philanthropic foundations, including the Northwest Health Foundation, Social Justice Fund Northwest, the Satterberg Foundation, the Community Foundation for Southwest Washington, Group Health/Inatai Foundation and the Seattle Foundation.

Beginning in 2019, Noble used her position as executive director to misappropriate large sums of donated charitable funds from the charities’ accounts.

The Attorney General’s investigation revealed that Noble and her family received direct, documented payments or benefits of nearly $1 million. Some examples:

  • In July 2021, Noble caused the charities to pay her $355,000 in “back pay” for “contract services” purportedly provided between 2015 and 2021. There is no documentation that any lawful contracts existed, any money was owed, or that these payments were approved by the entities’ boards.
  • The charities paid Noble’s consulting company $310,000 for unspecified “executive director services” that were never approved by the entities’ boards.
  • $200,000 was either withdrawn from the various charities’ bank accounts without explanation or issued to unknown individuals in the form of cashier’s checks. Only Noble and the directors were authorized signers on these accounts.
  • In 2020, Noble directed The Noble Foundation to purchase her father’s house for approximately $200,000, but she put her name on the deed as well as the charity’s. The following year, she paid the charity $100,000 for its interest in the home. When the charity transferred title to Noble in 2022, the house was worth at least $324,000, meaning Noble gained $224,000 in equity. There is no evidence the charity’s board appropriately reviewed and approved these transactions, which were clearly a conflict of interest for Noble.
  • In 2020, Noble used The Noble Foundation’s money to purchase a 2019 Nissan Armada, which she used as her personal vehicle. She used the charity’s funds to make upgrades to the vehicle and cover maintenance and gas.
  • Noble, her family and other directors used the charities’ money to fund over $65,000 in additional purchases that lack a clear connection to the entities’ charitable purposes, including for gift cards, meals, groceries, gas, travel, cellphones and personal clothing.

Other charity lawsuits

The Legislature identified the Attorney General’s Office as the agency tasked with enforcing the Nonprofit Corporation, Charitable Solicitations and Charitable Trust Acts. These laws ensure that nonprofits and entities that solicit charitable donations or manage charitable assets follow the laws adopted by the Legislature. These laws ensure that funds intended for charity are not misused.

The Attorney General’s Office’s Charitable Assets Protection Team specifically focuses on charity cases involving the misuse or misappropriation of funds solicited for a charitable purpose.

Other enforcement actions include:

Visit ftc.gov/charities for more information on how to avoid charity scams. Consumers who believe they have been affected by a charity’s deceptive conduct may file a complaint with the Attorney General’s Office at https://www.atg.wa.gov/file-complaint.

-30-

Washington’s Attorney General serves the people and the state of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington’s 39 counties. Visit www.atg.wa.gov to learn more.

Media Contact:

Brionna Aho, Communications Director, (360) 753-2727; Brionna.aho@atg.wa.gov

General contacts: Click here

KARIN KUNSTLER-GOLDMAN RECEIVES INAUGUARAL AWARD FOR EXCELLENCE FROM NASCO

The NASCO Board of Directors is pleased to announce the creation of the Karin Kunstler-Goldman Award for Excellence in the field of charity oversight and regulation. The inaugural “KKG Award” was presented to its namesake, Karin Kunstler-Goldman, on October 8, 2024, at the NAAG/NASCO Annual Charity Conference in Baltimore, Maryland.

About Karin Kunstler-Goldman

Karin Kunstler Goldman is the Deputy Bureau Chief in the New York State Attorney General’s Charities Bureau.  Karin was the 2001-2002 president of the National Association of State Charity Officials and is a founding member of the Governance Matters. 

She has served on the advisory board of New York University’s National Center on Philanthropy and the Internal Revenue Service’s Advisory Committee on Tax Exempt Entities. As a volunteer, Karin participated in training programs conducted for charity regulators throughout the country by the National State Attorneys General Program at Columbia University Law School. 

As an Eisenhower Exchange Fellow in Hungary, Karin worked with nonprofit organizations, government officials and legislative drafters in developing the law and regulations affecting Hungary’s nonprofit sector.  She has consulted with government officials in Ukraine and China on the development of statutory regulation of charitable organizations in those countries.  Karin was a guest of the People’s Republic of China at its 2007 International Symposium on Charity Legislation in China at which she was a speaker, and in 2015 she participated in workshops in China on the developing nonprofit law. 

Prior to joining the New York Attorney General’s office, Karin was a Reginald Heber Smith Fellow and a staff attorney at South Brooklyn Legal Services Corporation. 

Karin attended Tougaloo Southern Christian College in Mississippi during the fall semester of the 1962 – 1963 academic year and participated Freedom Summer, the 1964 voter registration project in Mississippi. Karin and her husband, Neal, spent two years as Peace Corps volunteers in Senegal, West Africa.  Karin has a law degree from Rutgers University Law School, a BA from Connecticut College and an MA from Columbia University.

In 2024, Karin received the Vanguard Award for distinguished lifetime achievement in the nonprofit sector from the Nonprofit Organizations Committee of the American Bar Association, Business Law Section.

About the Karin Kunstler Goldman Award for Excellence

The Karin Kunstler Goldman Award, created in 2024, recognizes excellence in the field of state charity regulation and oversight. The award, made periodically and at the discretion of the NASCO board of directors, honors select charity regulators who demonstrate many of the qualities and achievements of the award’s namesake including, but not limited to:

  • Long-term professional commitment to charity regulation
  • Success and innovation in charity regulatory practice
  • Significant contribution to the education and training of state charity regulators and the nonprofit sector, in the U.S. and internationally
  • National recognition as a leader among state charity regulators
  • Generosity of spirit and enthusiasm for the work of charity regulation and oversight

Former Columbus Zoo CEO Sentenced to Prison

FOR IMMEDIATE RELEASE:
Oct. 14, 2024
MEDIA CONTACT:
Steve Irwin: 614-728-5417


Former Columbus Zoo CEO Sentenced to Prison

(DELAWARE, Ohio) — The former chief executive officer of the Columbus Zoo and Aquarium was sentenced to 7 years in prison today for his role in a scheme that defrauded the zoo of at least $2.3 million, Ohio Attorney General Dave Yost announced.

Tom Stalf had pleaded guilty on July 23 to 15 felonies, including aggravated theft, conspiracy, telecommunications fraud and tampering with records.

“The zoo has long been a crown jewel of Central Ohio, but this pretender stole the jewels right out of that crown,” Yost said. “Cages can hold more than zoo animals.”

As the zoo’s CEO, Stalf took advantage of his position to enrich himself, his family and his friends by scheming to defraud the zoo through a pattern of corrupt activity and lying through financial forms to cover up the wrongdoing.

He and two other former zoo executives – Marketing Director Pete Fingerhut and Chief Financial Officer Greg Bell – were named in a Sept. 18, 2023, indictment, accused of manipulating credit-card and check-authorization forms for more than a decade and using the nonprofit’s public funds for personal use. Since their indictment, two additional former zoo employees were also charged.

The stolen money was spent on lavish times unrelated to the zoo, including suites and tickets to concerts and sporting events; golf memberships; trips to multiple states and foreign countries; meals, beverages and alcohol; and motor vehicles.

In a sentencing memorandum filed with the court, prosecutors suggested that Stalf and his co-conspirators had failed in their fiduciary obligations to the zoo and taxpayers.

“Leaders of charities and nonprofits in Ohio undertake the responsibility to support the charitable missions of the organizations they lead and set an example to the employees they oversee to be stewards of the organization and its assets,” the memo said.

As part of the sentencing, Stalf will be required to pay $315,572.65 in criminal restitution to the Columbus Zoo, state of Ohio and Internal Revenue Service. The amount is in addition to $400,000 in restitution that was already been paid on his behalf.

Of the four others charged in the scheme, all but Fingerhut have been sentenced:
Greg Bell was sentenced to three years in prison and ordered to pay $583,697.44 in criminal restitution.
Former purchasing agent Tracy Murnane was sentenced to 60 days in jail and three years of probation. Murnane paid $101,000 in civil and criminal restitution.
Grant Bell, a former purchasing assistant and the son of Greg Bell, pleaded guilty and was sentenced to two years of probation and ordered to pay $8,554.61 in criminal restitution. Fingerhut, who pleaded guilty on July 2, is scheduled to be sentenced on Oct. 28.

The Ohio Attorney General’s Special Prosecutions Section led the prosecution at the request of Delaware County Prosecutor Melissa Schiffel. The Ohio Auditor’s Office assisted with the investigation and prosecution.

Mass. Tax Board OKs Exemption For Senior Home

By Sanjay Talwani ·  Listen to article

Law360 (October 2, 2024, 6:05 PM EDT) — A senior home on Martha’s Vineyard is exempt from property taxes, a Massachusetts tax panel said in a decision released Wednesday, ruling that the owner, a charitable nonprofit, had a sufficient presence at the property for the exemption.

The Massachusetts Appellate Tax Board agreed with nonprofit Havenside Corp. that its four-building property was owned and operated in furtherance of its charitable goals. The property was therefore exempt from property taxation, the board said, reversing the determination of the Tisbury Board of Assessors and striking down the $12,000 tax bill the organization paid pursuant to its 2021 valuation.

The town assessment board had determined that the approximately 30 residents of the complex occupied the property in traditional landlord-tenant relationships. But the appellate board disagreed, noting that the owner provided extensive social and health services as well as affordable housing to residents who did not qualify for housing assistance and could not otherwise afford to own or rent in the community.

The owner employed a full-time manager who provided numerous services to residents in coordination with a local nursing association and other organizations, the decision said.

State law allows the tax exemption on real estate occupied by a charitable group or its officers “for the purposes for which it is organized,” the decision noted.

The decision was promulgated Sept. 24.

The case is Havenside Corp. v. Board of Assessors of the Town of Tisbury, case number F347297, before the Massachusetts Appellate Tax Board.

–Editing by Aaron Pelc.