 FOR IMMEDIATE RELEASE: June 4, 2024MEDIA CONTACT: Hannah Hundley: 614-906-9113 Yost Takes Legal Action to Protect Rare Book Collection at Hebrew Union College in Cincinnati (CINCINNATI, Ohio) — Ohio Attorney General Dave Yost is seeking a temporary restraining order to prevent the sale of copies of the Talmud and other ancient books housed in Cincinnati’s Klau Library at Hebrew Union College. Through the years, donors have given money to fund the library and care for the rare books and manuscripts.. “These sacred texts are invaluable artifacts — religious and cultural treasures.” AG Yost said. “Their sale would not only betray donor trust but also may violate legal restrictions placed on the gifts.” Yost’s legal action follows revelations that the college, the first permanent Jewish institution of higher learning in America, has indicated interest in selling some of the precious texts to offset its sizable deficits. The Klau Library collection includes 14,000 items in the Rare Book Room, some potentially worth millions of dollars. The texts were entrusted to the library with the understanding that they would be preserved and maintained for use by scholars and researchers worldwide. The academic community relies on access to these texts — an integral part of the library’s public service and educational roles. If sold to private collectors, the books would no longer be publicly available. Any sale could be a breach of the Hebrew Union board’s fiduciary duties to the library’s public beneficiaries. And, for books that can be sold, sale proceeds must be used to acquire other collection items. Using sale proceeds to reduce the college’s deficit could constitute an illegal use of assets donated expressly to fund the collection. In his filing yesterday in Hamilton County Common Pleas Court, Yost asks the court to halt any potential sale, highlighting the importance of honoring donor intent and preserving the integrity of institutional missions. A hearing on the matter will be held today at 11 a.m. “A library without its most precious artifacts and texts is like a body without a soul,” he said. “We are committed to ensuring that these irreplaceable items remain available to the public and are cared for as their donors intended.”–30–  |
NASCO/NAAG Conference Save the Date
Please save the date for our October 8, 2024 National Conference in Baltimore.
Attorney General Ellison reaches settlement with charter school over misuse of funds by three former leaders
Minnesota Attorney General Keith Ellison announced today that a Burnsville charter school will enact reforms to address issues involving its former leaders, including insufficient board oversight of the former executive director.
An investigation by the Charities Division of the Attorney General’s Office found that Abdiaziz Shafii Farah, founder and executive director of Gateway STEM Academy, violated his fiduciary duties to Gateway by steering nearly $300,000 to companies owned or controlled by three of the school’s directors or officers, including a company that Farah co-owned.
The investigation also found that previous directors or officers violated their fiduciary duties to Gateway by failing to sufficiently oversee Farah and failing to have policies and procedures that would have detected and prevented the conflicts of interests.
“Nonprofit charter schools must use their resources to further their educational mission, not to benefit insiders,” Attorney General Ellison said. “The clear self-dealing by Gateway’s former executive director and some members of its board is extremely disappointing, as are the governance failures that allowed the misuse of funds to happen. I am encouraged that Gateway’s new leadership cooperated with our Office’s investigation, put controls in place to protect the school and its charitable mission going forward, and agreed to additional measures proposed by my office to help ensure a strong fresh start for the school.”
Farah, a founder and longtime executive director of Gateway, was indicted last year by a federal grand jury on several charges related to improper acquisition and use of child-nutrition funds, including wire fraud, money laundering, and conspiracy to commit those offenses. After news went public in January 2022 of Farah’s alleged role in the food-fraud scandal, Gateway accepted his request for a leave of absence and then replaced him as executive director.
The AGO’s investigation, launched under Minnesota’s civil nonprofit corporation, charitable solicitation, and charitable trust laws, found that Gateway funds were paid to companies headed by Mahad Ibrahim ($173,602.65) and Mukhtar Mohamed Shariff ($117,255) while they served as Gateway board members in 2021 and 2022. Ibrahim and Shariff were charged in the same federal child nutrition fund-fraud indictment as Farah.
Under the terms of an Assurance of Discontinuance (“Assurance”) filed in Dakota County, Gateway agrees to, among other actions, work with its charter-school authorizer to perform an internal investigation of how the improper transactions occurred; ensure sufficient training for directors and officers regarding their duties under state and federal law; and not work again with the former directors and officers named in the Assurance.
The AGO’s Charities Division has civil enforcement authority over the state’s nonprofit corporation, charitable-solicitation, and charitable-trust laws. The Charities Division does not enforce criminal laws. Under Minnesota law, nonprofit board members and executives owe fiduciary duties to act in the best interests of the charities that they serve, including putting the interests of the nonprofit above any personal financial interests. Information about these fiduciary duties, and other resources to help nonprofit leaders properly serve their organizations, is on the AGO’s website at www.ag.state.mn.us/Charity/InfoNonProfits.asp.
Watch out for puppy scams!
Michigan Attorney General Dana Nessel and the Humane Society of the United States are urging consumers to be wary of puppy scams as many people seek to purchase or adopt dogs during the holiday season.
Many people enjoy gifting kittens, puppies and other pets to loved ones during the holidays, which creates an atmosphere ripe for scammers to exploit. Michigan residents in recent years have been tricked into paying for pets that do not exist or have adopted pets with undisclosed health or behavioral complications. And because these thieves are often outside the country or selling independently, the prospects of getting money back are extremely low.
“Scammers are looking for any way to take advantage of consumers during the holidays and puppies are unfortunately not exempt,” Nessel said. “While many people may be eager to gift a furry friend during this time, I urge residents to be vigilant in their search to avoid being scammed. My office continues to prioritize protecting residents from predatory and deceptive business practices, and these puppy scams will ultimately result in heartbreak and financial loss. Always do your homework before making any purchase online to avoid being taken advantage of.”
In addition to the deceptive practices of advertising puppies that do not exist or charging exorbitant fees, scammers are taking advantage of the holiday season as they use it as a reason to avoid in-person visits and demand additional fees.
“Taking advantage of the holiday season by exploiting Michiganders’ love of animals is as cruel to people as it is to the dogs. For families looking to confidently adopt a happy, healthy pet, we encourage folks to skip pet stores and online sellers and visit one of our state’s many shelters or rescues, which are full of animals looking for their forever homes,” said Blake Goodman, Michigan State Director for the Humane Society of the United States. “HSUS is happy to partner with Attorney General Nessel to warn residents about pet scams to keep families and pets safe.”
Attorney General Nessel released a Public Service Announcement in 2020 with tips to help consumers spot and avoid puppy scams. Consumers should remain hyper-vigilant and use these best practices:
- Make sure the person you’re gifting the pet to wants the pet and is ready for ownership.
- Research the breed and breeder.
- If the breeder claims to have registered the puppy, research the pet.
- Do not purchase a puppy sight-unseen.
- Arrange for safe transport of the pet.
- Use a credit card to make the purchase.
- Retain all documents and communications from the breeder.
- Consider contacting your local shelter for adoption.
Each year, consumers in the U.S. spend more than $1 billion buying puppies without realizing they may be doing business with scammers, puppy mill operators, or both. Puppy mills are inhumane dog breeding operations that keep dogs in overcrowded and unhealthy conditions and, depending on location, many are not regulated or inspected. Breeders hide their poor conditions by meeting buyers at offsite locations or selling through pet stores or online.
NASCO comments on 1023 EZ
Please find below NASCO’s Board letter to the IRS in response to the IRS’s solicitation for comments on its forms. In the letter, we underscore NASCO’s longstanding position that the 1023-EZ should be revisited and reiterate the need for timely availability of Forms 990. We highlight how the use of the Form 1023-EZ combined with the IRS’s retroactive reinstatement procedures under section 4 of Rev. Proc. 2014-11 can harm the public interest and enable scam charities to fly under the radar with serious consequences for donors, public funds, and confidence in the charitable sector.