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New Hampshire Attorney General Seeks Injunction Against Margarita Madness 5K Run/Walk

Attorney General Gordon J. MacDonald announced today that the State of New Hampshire has filed a civil action, seeking an injunction to prevent the Worldwide Push Foundation, Inc. (“WWPF”), a California corporation, from promoting or conducting road races in New Hampshire and to compel WWPF to refund race registration fees. WWPF purports to be a charitable, nonprofit organization, but it is not registered with the New Hampshire Attorney General, Director of Charitable Trusts in spite of a “cease and desist” letter issued by the Director in December 2019.


In 2019, WWPF promoted on social media a road race entitled “Margarita Madness 5K” which was scheduled to take place in Loudon, New Hampshire on October 12, 2019. The website and social media posts promised that the race was “Where you get to celebrate with Margaritas” and indicated that the race would benefit the “Worldwide Push (Push Until Success Happens) Scholarship Foundation.” WWPF collected thousands of dollars in registration fees but failed to obtain the necessary permits and licenses. In the weeks prior to the race date, WWPF notified the registrants that the race was “postponed” and failed or refused to refund registration fees.


In late 2019, WWPF began advertising on social media and its own website “Margarita Madness 5K” races to take place at “Rollings [sic] Park” in Concord, New Hampshire on July 11, 2020, and at “Surrette Battery [sic] Park” in Northfield, New Hampshire on October 24, 2020. The race on July 11 did not take place, and WWPF has failed to obtain the necessary permits and licenses for the October race. To date, WWPF has collected a total of over $30,000.00 in registration fees.

The State has alleged that WWPF has committed nine violations of New Hampshire charitable trust laws and the Consumer Protection Act. Each violation carries a civil penalty of up to $10,000. The State is also seeking injunctions to stop WWPF from advertising, promoting, and conducting road races in New Hampshire, to require WWPF to refund entry fees to all race participants, and to reimburse the State for the costs of investigating and litigating this case.


This matter came to the attention of the Attorney General’s office as a result of complaints made by individuals who registered for the race. Consumers who have registered for the Margarita Madness 5K Run/Walk in New Hampshire and have not received a refund can file a complaint with the Consumer Protection Bureau online at https://www.doj.nh.gov/consumer/complaints/index.htm.


This case is being jointly prosecuted by the Charitable Trusts Unit and the Consumer Protection and Antitrust Bureau. The State is represented by Assistant Director of Charitable Trusts, Diane Murphy Quinlan, and Assistant Attorney General John W. Garrigan of the Consumer Protection and Antitrust Bureau.

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CONSUMER ALERT: Beware of Charity Scams When Giving to Help Hurricane Sally Recovery Efforts

TALLAHASSEE, Fla.—Attorney General Ashley Moody is urging Floridians to use caution when donating to help those impacted by Hurricane Sally. As the recovery gets underway, charitable donations may be vital in helping restore the areas destroyed by the Category 2 storm. Attorney General Moody asks Floridians to take steps to ensure their donations actually reach those who need assistance and do not go to scammers using the crisis to steal from good-hearted donors.

Attorney General Ashley Moody said, “Hurricane Sally ripped through the western part of the Florida Panhandle, leaving a path of destruction and flooding that will take some time to repair. Charitable donations will play an important role in the recovery efforts, and I am asking everyone giving to this worthy cause to please take steps to ensure donations go to those in need and not fraudsters selfishly exploiting the crisis.”

Anyone wishing to donate can follow these tips to help ensure donations are used to assist victims and communities recovering from Hurricane Sally:

  • Be proactive and donate to a reputable organization, rather than waiting to be solicited;
  • Research a charity using Charity Navigator and by checking with the Florida Department of Agriculture and Consumer Services at FDACS.gov or 1(800) HELP-FLA, to determine whether the charity is registered to solicit donations in Florida;
  • Avoid solicitors using high-pressure tactics or who hesitate to provide more information about a charitable organization;
  • If donating online, be sure to confirm the identity of the recipient and be careful when providing any personal contact information;
  • Be wary of charities with similar sounding names. Some phony charities may attempt to use names that resemble legitimate, well-known charities; and
  • Call the Florida Attorney General’s Office at 1(866) 9NO-SCAM or the Better Business Bureau’s Wise Giving Alliance at 1(703) 276-0100 to determine if there are any complaints against a charity.

The state of emergency declared ahead of Hurricane Sally is still in effect and that means Florida’s price gouging law still applies to anyone who sells essential commodities or provides essential services to our consumers. For more on spotting and reporting price gouging, click here.

Earlier this week, Attorney General Moody warned those impacted by Hurricane Sally of potential for scams and other forms of fraud. Noting that after a natural disaster, consumers should be wary of tree service scams, building and home repair scams, disaster relief scams and water testing and treatment scams.

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Indiana AG Curtis Hill vows to complete removal of animals from nonprofit group that allegedly mistreated and neglected them

The Office of the Attorney General (OAG) filed an emergency motion asking a court to issue a judgment against Timothy Stark — director of the nonprofit organization Wildlife in Need (WIN) — for allegedly removing animals this month and/or concealing them from authorities; and for allegedly inciting violence toward the Indianapolis Zoological Society. A judge gave Stark until 4 p.m. Tuesday to tell authorities the locations of all missing animals.

In court documents, OAG attorneys cited the absence of many animals documented to be at WIN’s Charlestown properties just a week earlier. These animals include six spider monkeys, two toucans, one pied crow, one African grey parrot, two macaws, one wolf, one caracal, one ocelot, three fishing cats, two cougars, two Asian small clawed otters, one prehensile porcupine and two African crested porcupines. Also cited was the concealment of several animals including one sloth, two Debrazza monkeys and three booted macaques.

All told, OAG staff cited the absence or concealment of approximately $169,500 worth of animals that had been at WIN’s properties just days earlier. Some of the animals were later found in the back of a closed box truck located off of WIN’s premises on a neighbor’s property. The animals lacked food, water, lights and ventilation. An Indianapolis Zoo veterinary team gave them prompt attention upon their discovery.

According to court documents, Stark also posted a Facebook video in which he called upon followers to obstruct authorities’ efforts to remove animals, saying they should “go in there and tear the f—–g place up.” He chided followers based on his apparent perception that they were displaying cowardice. “No one wants to get into it because they think they might get arrested or whatever,” he said. “For what? Standing your f—–g ground? All of these worthless n—–s out there f—–g protesting, rioting right now. They’re not getting arrested.”

This week, meanwhile, OAG staff members have continued to monitor the removal of animals from the Charlestown properties as Indianapolis Zoo officials take them into custody.

Removal of the animals began Sept. 11 and remains ongoing. In addition to OAG and Indianapolis Zoo staff, authorities from the Indiana State Police and Clark County Sheriff’s Office are helping facilitate the animals’ removal.

On Aug. 28, a Marion Superior Court judge approved the state’s removal of all WIN’s animals except large cat species, which are set to be removed in the near future as a result of a ruling in a federal lawsuit brought by People for the Ethical Treatment of Animals (PETA).

Starting at 9 a.m. Sept. 11 and for nearly two hours thereafter, Stark refused access to the animal removal team, yelling at them and demanding a conference with the court. Later that afternoon, a Marion Superior Court judge instructed Stark by phone to comply with the court’s order and stop obstructing the removal of animals.

A court order issued Sept. 10 directed law enforcement personnel to “take all measures deemed in their discretion to be necessary to ensure the safety of all involved in the animal removal.”

WIN’s directors have claimed over the years to rescue and rehabilitate wildlife before returning animals to their native habitats. In reality, Attorney General Hill said, the nonprofit organization has a history of abusing animals, neglecting to provide basic necessities to animals and forcing animals to live in deplorable conditions. Many of WIN’s animals have been exotic species native to other countries.

Further, contrary to its stated purpose as a nonprofit corporation, WIN allegedly has failed to return animals to their native habitats and misapplied assets purportedly collected for animal care.

In February, following a months-long investigation, Attorney General Hill took legal action against WIN, alleging that the nonprofit for years has been used by its director, defendant Stark, to embezzle assets for his own purposes. The lawsuit also seeks WIN’s dissolution and the return of embezzled assets.

As a part of this case, the OAG is taking steps for preliminary relief and seeking to ensure that the animals receive proper care.

“Our presence at WIN’s properties is to ensure that the court’s orders are carried out,” Attorney General Hill said. “The order is to preserve the assets of a nonprofit that are at risk, and in this case those assets are the animals. The removal of the animals ensures their preservation and welfare. Our office is moving as quickly as we can to get this case to trial.”

According to court documents, Stark has a history of hoarding animals in deplorable living conditions, abusing and neglecting animals, trafficking animals, hiding animals from government authorities and attempting to move WIN animals out of state. The state’s allegations include horrifying details related to Stark’s methods of “euthanasia” and his abuse of animals in his care.

Between 2012 and 2018, WIN’s number of animals reported to the U.S. Department of Agriculture increased from 43 to 293. On Feb. 3, 2020, that agency ordered Stark’s USDA exhibitor license revoked based on repeated violations of the Animal Welfare Act and a history of willful non-compliance.

https://apnews.com/346d4c1586614866d05af2971445c1af

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FTC Joins Four States in Action to Shut Down Alleged Sham Charity Funding Operation That Bilked Millions From Consumers | Federal Trade Commission

A sprawling fundraising operation that allegedly scammed consumers out of millions of dollars will be permanently banned from charitable fundraising along with its owner and others involved in its operation as a result of a lawsuit brought by the Federal Trade Commission and Attorneys General of New York, Virginia, Minnesota, and New Jersey.

The operation is made up of multiple companies all under the control of owner Mark Gelvan, along with his associates Thomas Berkenbush, William English, and Damian Muziani. The complaint filed by the FTC and the states alleges that the defendants served as the primary fundraisers for a number of sham charities that were the subject of numerous law enforcement actions.

The complaint alleges that the sham charities claimed to use consumers’ donations to help homeless veterans, retired and disabled law enforcement officers, breast cancer survivors, and others in need. In fact, these organizations spent almost none of the donations on the promised activities.

“This action puts fundraisers on notice:  the FTC will not only shut down sham charities, it will aggressively pursue their fundraisers who participate in the deception,” said Andrew Smith, Director of the FTC’s Bureau of Consumer Protection. “If you’re giving to charity and want to make sure your donations count, start at ftc.gov/charity to learn how to spot the scams.”

“It is critically important that donors are able to trust that their contributions are being used as they intended, and not to line the pockets of individuals who exploit the generosity of others,” said New York Attorney General Letitia James. “My office will continue to work with partners such as the FTC and other states to take action that protects donors and charitable entities.”

The complaint alleges that as much as 90 percent of the money raised by the defendants for these sham charities went to the defendants themselves as payment for their fundraising services. What little money the charities did receive was rarely spent on any of their supposedly charitable missions, sometimes less than two percent.

According to the complaint, the defendants orchestrated the sham charities’ fundraising operations by soliciting donations, writing fundraising materials, and providing other key support to the sham charities. Defendants placed calls misrepresenting how donations would be used, and in many instances, the calls violated consumers’ do-not-call requests.

The defendants in the case, who have worked with each other for as long as 30 years, have been subject to numerous law enforcement actions dating back as far as 1996.

Under the proposed settlements, all of the defendants will be permanently prohibited from participating in any charity fundraising, and from deceiving consumers in any other fundraising effort, including for political action committees (PACs). The defendants will be required to clearly inform consumers at the time they ask for money that any donations are not charitable and not eligible for tax deductions. In addition, the defendants will be subject to significant monetary judgments and required to surrender assets as follows:

Gelvan, Outreach Calling, Inc., Outsource 3000, Inc., and Production Consulting Corp.: These defendants will be subject to a monetary judgment of $56,023,481, which is partially suspended based on their inability to pay. The corporate defendants will be required to surrender $45,386. Gelvan will be required to surrender $800,000, and will be required to sell two New Jersey properties he has a stake in and surrender any net proceeds of those sales.

Damian Muziani: Muziani will be subject to a monetary judgment of $484,172, which is partially suspended due to his inability to pay. He will be required to surrender $12,369.

Thomas Berkenbush: Berkenbush will be subject to a monetary judgment of $1,132,155, which is partiall suspended due to his inability to pay. He will be required to surrender $5,000.

William English: English will be subject to a monetary judgment of $873,293, which is partially suspended due to his inability to pay. He will be required to surrender $30,000. The terms of his settlement also prohibit him from participating in any fundraising activity of any kind.

The funds being surrendered by the defendants will be paid to the State of New York, which will contribute the funds on behalf of New York, Virginia, and New Jersey to legitimate charities that perform services that mirror those promised by the sham charities.

In the event any of the defendants either fails to surrender the amounts they owe or is found to have misrepresented their ability to pay, the full amount of their judgment would become payable immediately.

https://www.ftc.gov/news-events/press-releases/2020/09/ftc-joins-four-states-to-shut-down-alleged-sham-charity-operation

https://ag.ny.gov/press-release/2020/attorney-general-james-shuts-down-fundraising-operation-solicited-donations

https://www.oag.state.va.us/media-center/news-releases/1822-september-16-2020-herring-shuts-down-sham-charity-fundraising-operation-that-bilked-millions-from-consumers

https://www.nj.gov/oag/newsreleases20/pr20200916b.html

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Attorney General’s Office – State of Alabama Attorney General Steve Marshall Announces Arrest of Geneva County Man for Theft from Slocomb High School FFA Fund

(MONTGOMERY)—Attorney General Steve Marshall announced the arrest today of a Geneva County man for stealing from the Slocomb High School Future Farmers of America.

Tommy Wayne Baxley, 72, a Slocomb farmer and a trustee for the high school FFA’s Blue Chapter trust, surrendered to the Geneva County Sheriff’s Office this morning and was subsequently released on bond.

Attorney General Marshall’s Special Prosecutions Division presented evidence to a Geneva County grand jury on August 6, resulting in Baxley’s indictment* for first-degree theft of funds well in excess of $2,500. Baxley was one of three trustees appointed to oversee a trust account intended to be used for the benefit of Slocomb High School’s Future Farmers chapter.

No further information about the investigation or about Baxley’s alleged crimes other than that stated in the indictment may be released at this time.

Attorney General Marshall thanked the Montgomery and Dothan offices of the Federal Bureau of Investigation for assistance provided during the investigation of Baxley, and commended the work performed by his Special Prosecutions Division. Additionally, the Attorney General expressed appreciation for the generous assistance provided by Geneva County District Attorney Kirke Adams and his office during the presentation of Baxley’s case to the grand jury.

If convicted, Baxley faces a penalty of two to 20 years imprisonment for first-degree theft of property, which is a class B felony.