Multinational Non-Governmental Organizations Potentially Exploited in Aftermath of Earthquakes Affecting Turkey and Syria

SUMMARY

The FBI’s Counterterrorism Division assesses that Foreign Terrorist Organizations (FTOs), including ISIS and al-Qa’ida, continue to exploit non-governmental organizations (NGOs) and charities by diverting funds to subsidize FTO operations. The earthquake that struck Turkey and Syria on 6 February 2023 has resulted in more than 50,000 deaths and has been described as one of the strongest earthquakes to hit the region in the past century. Any diversion of funds intended to aid earthquake victims will exacerbate the existing humanitarian crisis in the region. Prior to the earthquakes, an estimated 4.1 million people in northwestern Syria alone — over 90 percent of the area’s population — already depended on humanitarian assistance following a decade of civil war in the country. FTOs operating in the region will attempt to capitalize on this tragedy in order to raise funds for their own violent objectives.

THREAT

FTOs and their supporters have been known to establish fraudulent charities or engage in fraudulent fundraising, often on social media platforms, to target unwitting individuals into providing funds to the FTOs. FTOs have also targeted established charities and NGOs to funnel funds or humanitarian relief items.

  • An al-Shabaab finance leader, who was designated as a Specially Designated Global Terrorist in 2015, was collecting money from NGOs as of early 2022.
  • An Australian citizen was indicted in 2017 in the United States for providing material support to a terrorist organization used a fraudulent charity called “Orphans Children and Human Care Foundation.” The charity claimed to be working in Syria to assist orphans, children, and the Syrian people by supplying food, water, medicines, and other commodities. One of the individuals who often appeared in the charity’s social media posts was later identified as a deceased member of al-Qa’ida’s then Syrian affiliate, Jabhat al-Nusra.
  • ISIS-Khorasan (ISIS-K) set up a fraudulent charity called “Nejaat Social Welfare Organization” to facilitate the transfer of funds to, and support the activities of, ISIS-K in 2016. Nejaat collected donations from individuals in Qatar, the United Arab Emirates, Iraq, and other Middle Eastern countries and transferred money via the global banking system to Asia, where ISIS-K used the Nejaat funds to recruit ISIS-K fighters in Kabul, Afghanistan.

RECOMMENDATIONS

While donating to NGOs and charities provides a means to help those in need, law enforcement officials recommend individuals consider the following mitigation strategies to avoid inadvertently providing funds to terrorist organizations:

  • Verify the legitimacy of the NGO and charity soliciting funds;
  • Look for secure site indicators, such as URLs beginning with “https” or a lock symbol. URLs beginning with “http” or that lack a lock symbol at the beginning of a URL could indicate an unsecure site.
  • Do not share personal account information or passwords with any groups soliciting funds; and
  • Do not click on links from unknown sources.

If you become aware of FTOs exploiting NGOs or charities to divert funds in support of terrorist operations or other nefarious activities, please contact your local FBI Field Office. Individuals associated with the above activities could be charged with violations including, but not limited to, 18 US Code § 2339(b), 18 U.S.C. § 1344, 18 U.S.C. § 1956, for provision and attempted provision of material support or resources to foreign terrorist organizations, bank fraud, or money laundering.

NASCO Conference Save the Date!

The annual NAAG NASCO Conference will be held October 11 and 12, 2023 at (wait for it) – AT YOUR DESK!

We are holding a virtual conference this year and we hope that means more of you than ever will be able to join. Current plans are for October 11 as the public day and October 12 for regulators. The NASCO annual meeting will likely be held separately, during the October monthly charity call.

Looking forward to seeing you then…..

AG Yost Shuts Down Eight ‘Knock-off’ Sham Charities

Five people involved in eight “charities” whose names were stolen from reputable organizations to lend credence to their scam have been ordered to pay a combined $190,000 in civil penalties and banned from associating with any charitable organization in the future, Attorney General Dave Yost announced today. 
 
As recommended in a complaint filed by Yost, a Franklin County Common Pleas judge has also ordered that the articles of incorporation be canceled for the following groups, none of which was affiliated with the established charities of similar names:

  • American Cancer Society of Cincinnati Inc.
  • American Cancer Society of Cleveland Inc.
  • American Cancer Society of Ohio Inc.
  • American Cancer Foundation of Cincinnati Inc.
  • American Cancer Foundation of Cleveland Inc.
  • American Cancer Foundation of Ohio Inc.
  • American Cancer Foundation of Columbus Inc.
  • United Way of Ohio Inc.

“These scammers were pretending to be big-time charities to swindle money from Ohioans,” Yost said. “But playtime is over, and the jig is up on your sham operation.”
 
In overseeing the charitable sector, the Ohio Attorney General’s Office works to protect charities and their beneficiaries and to ensure that donations are appropriately used for the missions of the organizations.
 
The five individuals named in the lawsuit are:

  • Ian R. Hosang
  • Jomar Holmes
  • Rhett McIntosh
  • Judith A. Culzac
  • Claudia Stephen

Legal action has also been taken against Hosang in Michigan, Washington, New York and other states where he set up dozens of similar fake charities.

The Franklin County judgment bans all five defendants from incorporating, organizing or serving in any fiduciary capacity for a charitable organization. 

“I’m extremely proud of the ongoing work our team does to protect Ohioans’ wallets,” Yost said.  

Before donating to a charity, Attorney General Yost encourages Ohioans to use the online tools provided by the Charitable Law Section of his office, including:

  • Checking whether a charity is in compliance with Ohio’s registration requirements.
  • Reviewing a charity’s annual reports to see how it spends your donations.
  • Seeing whether the charity employs professional fundraisers and finding out what percentage of donations actually goes to charity.
  • Reviewing tips for safe giving.

Also, complaints about charitable organizations – including misuse of charitable funds, fraudulent fundraising activities, violations of professional solicitation standards, bingo and charitable gaming issues, nonprofit theft and embezzlement, and breaches of fiduciary duty by nonprofit leaders – can be filed on the Ohio Attorney General’s website.

The NASCO Board responds to The 50-State Index of Charity Regulations, released by Philanthropy Roundtable

The NASCO Board responds to The 50-State Index of Charity Regulations, released by Philanthropy Roundtable in January, as follows:

We are concerned that some of the information contained in the report about current state laws and rules may be incomplete. We encourage charities to be in direct contact with their state charity regulatory offices if they have questions about specific laws or regulations in their states.

We join the report’s recognition of the need for more research related to charity regulations and charitable activity, especially with regard to causation and correlation. Our view is that, although regulation may be one factor contributing to the formation and operation of more charitable organizations, there are likely other factors that are also significant. We look forward to more research in this area.

We believe that the report’s key assumption that the number of charitable organizations is a good measure for the volume of actual charitable activity needs further analysis and study. For example, having multiple small charities with the same purpose could be an inefficient and ineffective use of charitable dollars, resulting in more funds being used for administration and fewer dollars for actual charitable activity.

Relatedly, our experience as regulators tells us that there are tax-exempt organizations in existence that might be counted as charities for purposes of this report, but that not actually operating for charitable purposes but rather are fraudulently misrepresenting themselves as charities.

Attorney General Bonta Conditionally Approves Sale of Four Retirement Communities to Pacifica Companies LLC

California Attorney General Rob Bonta today conditionally approved the sale of four continuing care retirement communities (CCRCs) located in Northern and Southern California. The CCRCs in Auburn, Long Beach, Placerville, and Sacramento are currently owned by Retirement Housing Foundation (RHF), a nonprofit public benefit corporation. The conditional approval will allow them to come under the ownership of Pacifica Companies LLC (Pacifica). Under California law, any transaction involving the sale or transfer of control of a healthcare facility owned by a nonprofit corporation must secure the approval of the Attorney General. The conditions of Attorney General Bonta’s approval preserve access to high-quality care and services for the residents of these communities.
 
“When reviewing healthcare transactions, the safety of all Californians remains our top priority,” said Attorney General Bonta. “Thanks to the strong conditions we imposed today, hundreds of residents of these four communities can safely continue living and receiving care in the place they call home. At the California Department of Justice, we remain committed to placing vulnerable communities at the forefront of our work and ensuring continuous, uninterrupted quality care for residents across the state.”

The four CCRCs are the Auburn Ravine Terrace facility, which is located in Auburn and includes a 59 licensed-bed skilled nursing facility (SNF); the Bixby Knolls Towers facility, which is located in Long Beach and includes a 99 licensed-bed SNF; the Gold Country Retirement Center facility, which is located in Placerville and includes a 68 licensed-bed SNF; and Pioneer House, which is located in Sacramento and includes a 49 licensed-bed SNF. 
 
The expert report identified safety issues at other Pacifica facilities. Between 2017 and 2022, Pacifica’s rate of citations was significantly higher than the average rate for all RCFEs in California. 
 
Therefore, as part of his conditional approval, Attorney General Bonta has imposed specific conditions for the proposed $48.5 million sale, which will require Pacifica to, among other things:

  • Appoint a monitor to ensure resident safety;
  • Report semi-annually on safety;
  • Preserve access to skilled nursing facility services for the community;
  • Consult with a Community Advisory Board at each facility on a quarterly basis;
  • Pay off debt, including existing bond debt and existing lines of credit; and
  • Honor residents’ contracts.

The California Department of Justice’s Healthcare Rights and Access Section (HRA) works proactively to increase and protect the affordability, accessibility, and quality of healthcare in California. HRA’s attorneys monitor and contribute to various areas of the Attorney General’s healthcare work, including nonprofit healthcare transactions; consumer rights; anticompetitive consolidation in the healthcare market; anticompetitive drug pricing; privacy issues; civil rights, such as reproductive rights and LGBTQ healthcare-related rights; and public health work on tobacco, e-cigarettes, and other products.