Dateline: February 6, 2007, Chicago
We have been waiting for over a year to see whether Pat Meehan, the United States Attorney for the Eastern District of Pennsylvania would indict Pennsylvania State Senator Vincent J. Fumo. The indictment came down today. Our very own Jack Siegel wrote about Fumo in his article, The Wild, the Innocent, and the E-Street Shuffle: Interactions Between Charities and Politicians, which first appeared in the November 2006 issue of the Exempt Organization Tax Review. Jack characterized the allegations reported in news accounts as falling within Category II, New Patronage. Scanning the indictment quickly, it appears that the allegations may also place this story in Category III, Soft Landings.
Here is what the U.S. Attorney had to say...
| The Desktop Guide is Quickly Becoming the Must Have Guide for Nonprofit Executives Jack Siegel's new book, A Desktop Guide for Nonprofit Directors, Officers, and Advisors: Avoiding Trouble While Doing Good, has quickly become the go to guide for nonprofit executives and advisors. So what are people saying about the Guide? When our Jack Siegel introduced himself to one of the leading authorities on the law of federal tax exemption after she had made a presentation at a recent conference, the speaker said, "You're the 'Jack' in the Guide! We are fighting over your Guide in our office." A second speaker held the book up to two people who were asking questions after her presentation, exclaiming "I love this book. I tell everyone at conferences to buy it." One state charity regulator has indicated that the Guide is great and has recommended it to her fellow regulators. Some of our readers have followed the link to the Amazon.com Web site, but apparently have not bought the Guide. If they were turned off by the price, they should reconsider. One prominent attorney in the exempt organization field grabbed a review copy of the Guide and couldn't put it down. She has instructed a number of her clients to buy it, pointing out to them that for less than 1/2 hour of her billable time, they receive a lesson (and resource) that tells it like she would like it told. If you are starting a new charity, the Guide could save you thousands of dollars in legal fees by teaching you how to better utilize your legal counsel and framing the issues so you don't spin your wheels at $400 an hour. Buy your copy today at Amazon.com, Barnes & Noble, or John Wiley (the publisher). |
in his press release.
The indictment, which supersedes an indictment of two Fumo aides returned on June 27, 2006, alleges the following four sets of crimes:...
2. Senator Fumo defrauded a nonprofit, tax-exempt organization, Citizens Alliance for
Better Neighborhoods, which he and his aides established to improve neighborhoods in the City and County of Philadelphia. The indictment charges that Fumo, along with defendant Ruth Arnao, the executive director of Citizens Alliance from 1999 to 2005, persistently used funds and employees of Citizens Alliance for their personal and political benefit. The indictment alleges that this fraud on Citizens Alliance caused a loss substantially in excess of $1 million.3. Senator Fumo defrauded the Independence Seaport Museum, on whose board of directors he sat, by using yachts and other property of the museum solely for his personal benefit. The indictment alleges that this fraud caused a loss to the museum of more than $100,000.
4. Senator Fumo, aided by Arnao and two Senate computer aides, Leonard P. Luchko and Mark C. Eister, engaged in extensive obstruction of justice, by endeavoring to destroy e-mails and other electronic evidence on Senate and Citizens Alliance computers once they learned of this federal investigation.
For the press release and the specific allegations, click here.
It will be interesting to see whether the IRS decides to invoke the intermediate sanctions. Moreover, there are allegations that Fumo caused Citizens Alliance to intervene in political campaigns. It also will be interesting to see whether the IRS decides to revoke Citizens Alliance's tax-exempt status.
We have previously reported on the record retention issues posed by the indictment.
Internal Revenue Service - Circular 230 Disclosure: As provided for in
Treasury regulations, any advice (but none is intended) relating to
federal taxes that is contained in this communication is not intended
or written to be used, and cannot be used, for the purpose of (1)
avoiding penalties under the Internal Revenue Code or (2) promoting,
marketing or recommending to another party any plan or arrangement
addressed herein.
THE FOREGOING IS NOT AND SHOULD NOT BE TAKEN AS LEGAL ADVICE. IF LEGAL ADVICE IS REQUIRED, THE NON-PROFIT OR OTHER PARTY IN QUESTION SHOULD SEEK THE ADVICE OF QUALIFIED LEGAL COUNSEL. If you liked this post, please visit http://www.charitygovernance.com for a description of our training and consulting services. You will also want to acquire a copy of Jack Siegel's book, A Desktop Guide for Nonprofit Directors, Officers, and Advisors: Avoiding Trouble While Doing Good."
Copyright 2007, Charity Governance Consulting LLC. All Rights Reserved. You may not copy any portion of this post to a computer "clipboard" for re-posting anywhere or e-mailing, or otherwise reproduce this post. If you want others to review this post, you may provide them with a link to this web blog. Any use of the material or ideas in this post by reporters or other publishers shall make reference to Jack Siegel, author of "A Guide for Non-Profit Directors, Officers and Advisors: Avoiding Trouble While Doing Good" and this web blog. For additional information call 773-325-2124