Page 1 of 2 12 LastLast
Results 1 to 10 of 12

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

  1. #1
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    95,399

    Trump Foundation lacks the certification required for charities that solicit money

    Trump Foundation lacks the certification required for charities that solicit money

    By David A. Fahrenthold
    September 29


    Trump holds a rally in Des Moines in January. (Charles Ommanney/The Washington Post)


    Donald Trump’s charitable foundation — which has been sustained for years by donors outside the Trump family — has never obtained the certification that New York requires before charities can solicit money from the public, according to the state attorney general’s office.


    Under the laws in New York, where the Donald J. Trump Foundation is based, any charity that solicits more than $25,000 a year from the public must obtain a special kind of registration beforehand.

    Charities as large as Trump’s must also submit to a rigorous annual audit that asks — among other things — whether the charity spent any money for the personal benefit of its officers.


    If New York Attorney General Eric Schneiderman (D) finds that Trump’s foundation raised money in violation of the law, he could order the charity to stop raising money immediately.

    With a court’s permission, Schneiderman could also force Trump to return money that his foundation has already raised.


    The Trump campaign did not respond to a request for comment Thursday.


    How Donald Trump directed millions to his foundation


    Play Video2:3
    Schneiderman’s office declined to comment on whether it was investigating the lack of registration for the Trump Foundation. Schneiderman had previously launched an investigation of the foundation in the wake of reports by The Washington Post that Trump used his charity’s money to make a political gift, to buy paintings of himself and to settle legal disputes involving his for-profit businesses.

    Tax filings show that in each of the past 10 years for which there are records, the Trump Foundation raised more than $25,000 from outsiders. Tax records alone do not reveal whether the donations amounted to solicitations under New York law, but in several cases there is strong evidence that they did.


    For instance, the foundation has received more than $2.3 million from companies that owed money to Trump or one of his businesses — but that were instructed to pay the foundation instead, according to people familiar with those transactions.


    Donaldtrumpforvets.com in early 2016. (Obtained by The Washington Post)


    In the most obvious example of a public solicitation, the Trump Foundation set up a website early this year to collect small-dollar donations that it promised to pass along to veterans. In all, the website said, the Trump Foundation took in $1.67 million through that site.


    [Trump directed $2.3 million owed to him to his tax-exempt foundation instead]


    But, as of this week, the Trump Foundation had not obtained the state registration required to ask for donations, according to a spokesman for Schneiderman.


    Experts on charity law said they were surprised that Trump’s foundation — given its connections to a wealthy man and his complex corporation — did not register to solicit funds.


    “He’s a billionaire who acts like a thousandaire,” said James J. Fishman, a professor at Pace University’s law school in White Plains, N.Y. He said Trump’s foundation seemed to have made errors, including the lack of proper registration, that were more common among very small family foundations.


    “You wouldn’t expect somebody who’s supposed to be sophisticated, and brags about his business prowess, would run his foundation like this,” Fishman said.


    The Trump Foundation was established by Trump in 1987 to give away the proceeds of his book “The Art of the Deal.”

    Trump is still the foundation’s president.


    For many years, Trump was the foundation’s sole donor: He gave a total of $5.4 million between 1987 and 2006.


    Under state law, the foundation during that period was required to have only the *least-demanding kind of certification, referred to as “EPTL,” because it is governed by the Estates, Powers and Trusts Law.


    Under that registration, the Trump Foundation filed annual reports with the Internal Revenue Service and the state. But the state did not require an independent audit to ensure that the charity was handling its funds properly.


    [Trump is doing his foundation a favor by ‘storing’ its portrait on golf resort wall, adviser says]


    But starting in the early 2000s, Trump’s foundation began to change. It began to take in donations from other people.


    At first, it happened a little bit at a time. In 2004, for instance, an autograph seeker sent $25 to Trump Tower, along with a book he wanted Trump to sign. The book came back signed. The money was deposited in the Trump Foundation.


    Then, the gifts began to get larger.


    In 2005, Trump’s wife, Melania, was named “Godmother” of a new ship launched by Norwegian Cruise Lines. As part of its agreement with Melania Trump, the cruise lines said, it gave $100,000 to the Trump Foundation. The Trump campaign has not responded to requests for comment on the gift.


    In the meantime, Trump himself drastically reduced his gifts. After 2008, tax records show he stopped giving altogether. Since then, according to tax records, the Trump Foundation has received all of its incoming money — more than $4.3 million — from other donors.


    Under state law, charities that solicit donations from others in New York must register under a different law, called “7A” for its article heading.



    In this 2014 paperwork, filed with New York State’s attorney general, Donald Trump’s charitable foundation did not register as a “7A” charity.


    In that law, the definitions of “solicit” and “in New York” are both broad. Solicit means “to directly or indirectly make a request for a contribution, whether express or implied, through any medium.” The requirement covers any solicitation that happened in New York or involved a donor who was in New York when somebody called them and asked.


    “The only thing it wouldn’t cover is somebody giving money without being asked,” said Pamela Mann, a former head of the New York State charities bureau, who is now in private practice at Carter Ledyard & Milburn. “The law says that soliciting from the public in New York, without being registered to do so, is an illegal act.”


    The Trump Foundation has received more than $25,000 from people other than Trump in all of the past 10 years shown in tax records. In some cases, the donors have declined to comment, so it is not clear whether the donations were actually solicited and, if so, whether the solicitation happened in New York.


    [Trump used $258,00 from his charity to settle legal problems]


    But, in several cases, The Post’s reporting has indicated that the Trump Foundation or Trump himself did help bring in the money.


    In 2011, for instance, Trump was the star of a televised “roast” on Comedy Central in New York. He directed his $400,000 appearance fee to the Donald J. Trump Foundation, according to a Trump campaign staffer.


    Between 2011 and 2014, the Trump Foundation also received nearly $1.9 million from a New York businessman named Richard Ebers, who sells high-end tickets and one-of-a-kind experiences to wealthy clients.


    Two people familiar with those transactions told The Post that Ebers bought tickets and other goods and services from Trump, and was instructed — by Trump or someone at his company — to pay the Trump Foundation instead.


    Trump’s campaign has neither confirmed nor denied The Post’s reporting about the nature of the donations from Ebers. Ebers has declined to comment.


    Then, this year, Trump skipped a Republican primary debate in Iowa and instead held a televised fundraiser for veterans’ causes. As part of that effort, he set up a website, donaldtrumpforvets.com, which took donations via credit card — and sent them to the Donald J. Trump Foundation.


    “Over $1,670,000 raised online,” said the thank-you message from the Trump Foundation, after The Post made a $10 donation in March.


    The most important consequence of not registering under the more rigorous “7A” level was that the Trump Foundation was not required by the state to submit to an annual audit by outside accountants. In such an audit, charity-law experts said, the accountants might have checked the Trump Foundation’s books — comparing its records with its outgoing checks, and asking whether the foundation had engaged in any transactions that benefited Trump or his businesses.


    In recent years, The Post has reported, Trump’s foundation does appear to have violated tax laws in several instances.

    In 2013, it gave a donation to a political group supporting Florida Attorney General Pam Bondi (R) — despite a ban on nonprofit groups making political gifts. The Trump Foundation then filed an incorrect tax filing, which omitted any mention of that gift, and said incorrectly that the money had gone to a charity in Kansas. Trump paid a $2,500 penalty tax for that political gift this year.In two other instances, Trump’s foundation has made payments which appeared to help settle legal disputes involving Trump’s for-profit businesses. In 2007, Trump’s foundation paid $100,000 to settle a lawsuit involving his Mar-a-Lago Club in Florida. And in 2012, the foundation paid $158,000 to the charity of a New York man named Martin Greenberg on the day that Greenberg settled a lawsuit against one of Trump’s golf courses.

    Those two cases are under investigation by Schneiderman. Just this week, his office requested that a Florida attorney provide a copy of the foundation check that Trump had sent to settle the Mar-a-Lago case.


    Trump’s son Eric has his own foundation, also headquartered in New York, which raises money from the public through an annual golf tournament.

    Unlike his father’s charity, however, the Eric Trump Foundation has registered to solicit funds in the state and files an annual audit report. The two Trump foundations share an accountant, Donald Bender of the firm WeiserMazars. A spokeswoman for the firm declined to comment on Thursday.


    The Washington Post has contacted more than 250 charities with some ties to the GOP nominee in an effort to find proof of the millions he has said he donated. We've been mostly unsuccessful. VIEW GRAPHIC




    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

  2. #2
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    95,399
    www.nymag.com

    As Trump Rails Against Clinton Foundation, Report Finds His Own Charity Is Operating Illegally


    By Margaret Hartmann

    Print
    “I didn’t mean follow my money.” Photo: Bloomberg/Bloomberg via Getty Images

    Donald Trump reportedly found it hard to pay attention during debate prep, but when it comes to attacks on Hillary Clinton that are likely to backfire, the man is laser-focused.

    This week, Trump has been pushing a new attack line regarding the Clinton Foundation,saying, “With her it’s about ‘follow the money.’ Remember that phrase.”

    Meanwhile, a new report from the Washington Post’s David Fahrenthold — who has been doggedly “following the money” flowing through the Donald J. Trump Foundation for months — says that the charity does not even have the certification required to legally solicit donations in New York.

    Earlier this month, New York Attorney General Eric Schneiderman confirmed that he has opened an investigation into the Trump Foundation “to make sure it’s complying with the laws governing charities in New York.”

    Now, Fahrenthold reports that the Trump Foundation never obtained the state registration required in New York for any charity that solicits more than $25,000 per year.


    A spokesman for Schneiderman confirmed that the Trump Foundation is not registered, but would not comment whether that’s part of its ongoing investigation. (In a separate report released Thursday, a lawyer for the town of Palm Beach, Florida confirmed that Schneiderman’s office has asked for documents related to Trump using foundation money to settle a legal dispute with the town, which may amount to illegal self-dealing.)

    If Schneiderman finds that the Trump Foundation is soliciting donations though it isn’t registered, the attorney general could order the charity to halt its fundraising efforts, and seek a court order to make Trump to return the donations he’s already collected.

    It shouldn’t be too hard for Schneiderman to make his case, thanks to Fahrenthold’s previous reporting. The New York law that applies to large charities, called “7A,” defines “solicit” broadly, saying it means “to directly or indirectly make a request for a contribution, whether express or implied, through any medium.”

    Tax documents show that in the past 10 years the Trump Foundation has raised more than $25,000 from outside donors (in fact, Trump stopped donating to his charity after 2008). And to cite just two examples that would appear to constitute “soliciting” donations, Trump directed Comedy Central to donate the $400,000 appearance fee for his 2011 TV “roast” to his foundation, and when he skipped a primary debate and held a televised fundraiser for veterans instead, the $1.6 million collected went to the Trump Foundation.

    It’s surprising that a sophisticated businessman such as Trump wouldn’t know that his charity needs to be registered — particularly because the Eric Trump Foundation, which uses the same accountant, filed the necessary paperwork.

    Failing to register isn’t just an insignificant clerical error.

    Since the foundation wasn’t registered, the state did not require an independent annual audit that might have discovered charity funds were being handled improperly — like, for instance, to personally benefit the man running the foundation.

    http://nymag.com/daily/intelligencer...illegally.html
    Last edited by JohnDoe2; 10-02-2016 at 08:17 PM.
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

  3. #3
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    95,399
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

  4. #4
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    95,399
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

  5. #5
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    95,399
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

  6. #6
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    95,399
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

  7. #7
    MW
    MW is offline
    Senior Member MW's Avatar
    Join Date
    Jun 2006
    Location
    North Carolina
    Posts
    25,606

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts athttps://eepurl.com/cktGTn

  8. #8
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    95,399
    Original post: 10-02-2016, 03:06 PM
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

  9. #9
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    95,399
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

  10. #10
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    95,399
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

Page 1 of 2 12 LastLast

Similar Threads

  1. Replies: 1
    Last Post: 08-25-2016, 10:44 PM
  2. New Low. Cop Robs a Terminally Ill 3 Year old of her Make-A-Wish Foundation Money
    By AirborneSapper7 in forum Other Topics News and Issues
    Replies: 0
    Last Post: 07-10-2014, 04:27 PM
  3. Hanoi Jane has a charitable foundation that keeps all its money
    By Newmexican in forum Other Topics News and Issues
    Replies: 0
    Last Post: 12-14-2013, 01:54 PM
  4. Charities : The 50 worst, ranked by money blown on soliciting costs
    By florgal in forum Other Topics News and Issues
    Replies: 1
    Last Post: 06-21-2013, 12:37 PM
  5. Holy Land Foundation case puts burden on Muslim charities
    By cvangel in forum Other Topics News and Issues
    Replies: 1
    Last Post: 01-04-2009, 03:28 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •