AG Ferguson files lawsuit against founder of Vancouver charity for misusing more than $1.2 million meant to serve BIPOC communities

Attorney General Bob Ferguson today announced a lawsuit against Vancouver nonprofit Noble Foundation and its founder and executive director, Ophelia Noble, along with foundation directors, and Noble’s family and friends. Ferguson asserts since 2019, Noble misappropriated or failed to account for $1 million in charitable grants the foundation received to serve communities of color in southwest Washington. 

In a lawsuit filed in Clark County Superior Court, Ferguson asserts Noble paid herself hundreds of thousands of dollars from foundation funds, used foundation money to buy vehicles for herself and her mother and directed the foundation to buy her father’s house then resell it to her at a deep discount. The lawsuit names Noble, the Noble Foundation, foundation directors Douglas Noble (Noble’s father), Alice Prejean (Noble’s mother), Alyce Noble, Joann Hampton and Virginia Prioleau. 

Noble’s misconduct includes numerous violations of Washington’s Nonprofit Corporation Act, with potential penalties of up to $5,000 per violation. Ferguson will ask the court to order Noble and her co-defendants to return the diverted money so that it can be directed to an organization that can use it for its intended charitable purposes, dissolve the foundation and bar Noble and her other co-defendants from serving on the boards of any Washington nonprofit in the future. 

“Preying on the generosity of Washingtonians is shameful — and unlawful,” Ferguson said. “We will hold those responsible accountable and work to ensure the diverted money is paid back and directed towards its intended purpose: advancing racial equity and serving communities of color.”

Noble Foundation was founded to serve BIPOC communities

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

In 2019, the foundation 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. Operating as Our Place/Nuestra Casa Multicultural Center, the foundation provided emergency rent assistance, cash assistance for general household needs, and community education about the dangers of COVID-19 and the importance of vaccinations. It subsequently secured major contracts with counties and the state to facilitate the Treasury Rent Assistance Program and Eviction Rent Assistance Program, disbursing more than $1.3 million on behalf of Clark County and the Washington State Department of Commerce between 2021 and 2023.

As public attention focused more sharply on racial justice and policing issues, the foundation created Southwest Washington Communities United for Change, a tax-exempt social welfare organization. Southwest purportedly focused on organizing protests and trying to increase participation and political representation for BIPOC communities in Clark and Cowlitz counties. Southwest brought in several hundred thousand dollars from grantors interested in establishing a BIPOC-led political organization serving Southwest Washington.

It appears that most of the public dollars received by the foundation and its related entities were spent properly and not misappropriated. However, large grants from private and community foundations, were not subject to the same level of fiscal controls. The nonprofits raised approximately $1.5 million from such 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. 

Misappropriations go back years

Beginning in 2019, Noble used her position as executive director to misappropriate large sums of donated charitable funds from the foundation’s 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 foundation and Southwest to pay her $355,000 in “back pay,” for “contract services” purportedly provided between 2015 and 2021. There is no evidence that any contracts existed, any money was owed, or that these payments were approved by the entities’ boards.
  • The foundation paid Noble’s consulting company $310,000 for unspecified “executive director services” that were never approved by the board.
  • $200,000 was either withdrawn from the various foundation entities’ 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 foundation to purchase her father’s house for approximately $200,000, but she put her name on the deed as well as the foundation’s. The following year, she paid the foundation $100,000 for its interest in the home. When the foundation 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 foundation’s board reviewed and approved these transactions, which were clearly a conflict of interest for Noble. 
  • In 2020, Noble used foundation money to purchase a 2019 Nissan Armada, which she used as her personal vehicle. She used foundation funds to make upgrades to the vehicle and cover maintenance and gas. The foundation also purchased a second vehicle, which Noble later transferred to her mother.
  • Noble, her family, and other directors used foundation 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, cell phones, personal clothing, and even alcohol and cigarettes.

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 has three attorneys who specifically focus on charity cases involving the misuse or misappropriation of funds solicited for a charitable purpose.

Recent enforcement actions include:

AG Yost Recovers Donations from Phony Charity Claiming to Benefit East Palestine

Under a settlement reached with the Ohio Clean Water Fund, the sham charity must turn over more than $131,000 in pocketed donations so the money truly does benefit East Palestine residents, Ohio Attorney General Dave Yost announced today.

“I stand by my word to fight for the community of East Palestine,” AG Yost said. “We sued to make sure the contributions improperly solicited from well-intentioned donors get into the hands of people who will use them for their intended purposes. Our fight isn’t over, but this is a win.”

Yost’s initial lawsuit alleged that the Ohio Clean Water Fund (OCWF), while claiming to be operating on behalf of Second Harvest Food Bank, raised more than $141,000 to provide bottled water and emergency aid to the residents of East Palestine following the February train derailment disaster.

The food bank had not given OCWF permission to fundraise on its behalf, and Yost’s lawsuit revealed that the “charity” had pocketed at least $131,000 of the donated funds, while sending only $10,000 to the food bank.

SETTLEMENT REACHED WITH HUMANE SOCIETY OF HARRISBURG AREA REGARDING SUBSTANDARD RECORD-KEEPING AND REPORTING PRACTICES

Attorney General Michelle Henry today announced a settlement with the Humane Society of Harrisburg Area regarding the organization’s bookkeeping methods, specifically, a lack of internal oversight of purchases and reimbursements.

Humane Society of Harrisburg Area is a charitable organization and therefore is required to maintain record-keeping standards. The Office of Attorney General’s Assurance of Voluntary Compliance, or settlement, requires the organization to maintain those standards and pay $45,055.25 to the Office of Attorney General. This amount includes a $5,000 civil penalty with the remainder being collected to recoup investigative costs. The settlement also requires that the Humane Society of Harrisburg Area file amended IRS forms 990 for 2021, 2022, and going forward.

“It is essential that Pennsylvania’s non-profit and charitable organizations keep accurate records so we can ensure every aspect of the Charities Act and Nonprofit Corporation Law is being followed,” said Attorney General Henry. “It is part of my constitutional mandate as Attorney General to verify that a level of public transparency is maintained by these organizations.”

The investigation focused solely on the Humane Society of Harrisburg Area’s record-keeping as required by the Charities Act and Nonprofit Corporation Law. The investigation produced no evidence of abuse or mistreatment of animals and no such allegations are contained within the settlement.

Since being contacted by the Office of Attorney General, the organization has already taken steps to improve financial control procedures and keep records up to standard, including contracting with an outside auditor and enforcement of credit card and check-writing policies.

The settlement arose from an investigation into the Humane Society of Harrisburg Area’s failure to disclose the Executive Director’s housing stipend in the organization’s required yearly reporting. Further violations by the Humane Society include a lack of appropriate internal oversight with regard to the use of business credit cards, purchasing, travel, and reimbursement policies.

AG Campbell Amends Filing Requirements for Small Charities and Requires Online Filing for All Charities in Massachusetts

Charities with Annual Gross Support and Revenue of $25,000 or Less No Longer Required to Submit Federal Form 990 to AGO; All Charity Registrations and Annual Filings Must Be Submitted Online Starting September 1, 2023

In an effort to ease the administrative burden on smaller charities, effective immediately Attorney General Andrea Joy Campbell will no longer require nonprofit organizations with gross support and revenue of $25,000 or less to submit a Federal Form 990 as part of their annual filings and disclosures. AG Campbell hopes this change will help to facilitate compliance and transparency from smaller, often volunteer-run organizations. This revision also places Massachusetts in closer alignment with other states that require public charities to submit annual financial filings and allows AG Campbell’s Non-Profit Organizations/Public Charities Division and the public to continue to access the important supplemental information from charities with gross support and revenue over $25,000.

“Our vibrant nonprofit community works hard every day to support those in need and improve the quality of life here in Massachusetts,” said AG Campbell. “We’re excited to make it easier and more efficient for charities to fulfill their regulatory obligations, which ensure transparency to the public about their operations while allowing those organizations to spend more time on their critical missions.”

“This is a big step forward,” said Jim Klocke, CEO of the Massachusetts Nonprofit Network. “It will give small non-profits a clear, manageable path for reporting and transparency, without overburdening them. It will be particularly helpful to the smallest nonprofits, and startup nonprofits, who come from every part of Massachusetts and every segment of our communities. We appreciate the Attorney General’s work on this issue.”

In an additional effort to promote efficiency in the completion and processing of charities filings, effective September 1, 2023, charities will need to fulfill their regulatory filing obligations to the AG’s Office using the online Charity Portal, launched in 2022; the Office will no longer accept paper submissions. This online filing mandate provides a more efficient way for charities to comply with annual filing obligations and enables the Office to more quickly make the information available to the public on the Office’s website.

To support the sector through this transition, the Non-Profit Organizations/Public Charities Division will run several in-person filing clinics at locations around the Commonwealth and will host monthly online webinars to demonstrate the use of the Charity Portal and respond live to questions from users about the filing process. These learning opportunities are in addition to the live hotline, in-Portal support, and instructional materials and videos already available on the AG’s website. For more details about these training materials or to learn more about the webinars and filing clinics and sign up to attend, please visit the AG’s website.

Attorney General Josh Stein Cautions North Carolinians About Charity Scams

Attorney General Josh Stein today reminded North Carolinians to be on the lookout for charity scams and shared tips to help avoid charity scammers ahead of the holiday season as part of National Charity Fraud Awareness Week. So far in 2022, more than 4,538 reports about charitable solicitation scams have been filed with the Federal Trade Commission.

“When you donate of your hard-earned money, you should feel confident that it’ll help others, not line some scammer’s pocket,” said Attorney General Josh Stein. “As we near the holidays, please take care so scammers don’t exploit your goodwill.”

Here are some tips to make sure your donation helps those in need:

  • Choose charities you know and want to support, or whose work is local to your community.
  • Don’t just give to a charity because it sent you a letter, called, or emailed you – it may not be legitimate.
  • If you’re feeling pressured to give immediately, don’t. Legitimate charities won’t pressure you.
  • Ask questions about how much of your donation actually goes to help those in need. Sometimes, telephone solicitors will pocket a large percentage of a donation.
  • Research a charity before you commit to giving them money. You can determine whether charities are licensed in North Carolina and look up their annual reports on the North Carolina Secretary of State Charities & Fundraisers Search (sosnc.gov). You can also check with Better Business Bureau’s (BBB) Wise Giving AllianceCharity NavigatorCharity Watch, or GuideStar, or call the North Carolina Department of Justice at 1-877-5-NOSCAM.
  • When you’re making your donation, pay with a credit card through the charity’s website or by calling a phone number you know to be legitimate. Credit cards are best for security and tax purposes, and so you can dispute the charge later if there’s a concern.