Studies Of Charity Regulation and Oversight of Nonprofits Is Not Working, Duplicative and Fragmented

by Gary Snyder

Major findings include the following:

• ·         No single state law of charities oversight exists; instead, oversight involves a complex mix of substantive areas, including charitable trust law, governance, criminal law, solicitation and registration requirements and compliance, corporate transaction review, and conservation easements.

• ·       Organization and staffing of state charity offices vary greatly across the country; in 41 percent of states one office has primary responsibility, but in 59 percent of states responsibility is shared with other agencies or offices.

• ·       Within an attorney general’s office, 13 jurisdictions have a charities bureau , and 14 jurisdictions house charities oversight within the consumer protection division of the office.

• ·       Most registration oversight is lodged in state attorney s’ general offices (21 states), followed by secretary of state offices (15) and other state - level charity offices, typically, consumer affairs or business/financial regulation (8).

• ·       Lawyers and non -legal staff who oversee charities number approximately 355 in the 48 reporting jurisdictions.

• ·       Thirty - one percent of jurisdictions have less than one full- time – equivalent staff, 51 percent have between 1 and 9.9 full – time - equivalent staff, and 19 percent have 10 or more full – time - equivalent staff.

• ·       Training state charities staff is a mix of internal and external provision with the smallest offices less likely to provide any training and the largest offices providing in - house training

This has resulted in fragmented oversight of nonprofits in the United States. Another study has raised concerns and has recommended that improvements need to take place because the best practices (one-size-fits all) approach simply does not work.

The IRS is starved for resources, both financially and politically. (kentlaw)

Nonprofit Imperative gathers its information principally from public documents...some of which are directly quoted. Virtually all cited are in some phase of criminal proceedings; some have not been charged, however. Cites in various media: Featured in print, broadcast, and online media outlets, including: Charity Navigator, Vermont Public Radio, Miami Herald, National Public Radio (NPR), Huffington Post, The Sun News, Atlanta Journal Constitution, Wall Street Journal (Profile, News and Photos), “Betrayal”, (a movie), NBC (on Charity Fraud…TBD), FOX2, ABC Spotlight on the News, WWJ Radio, Marie Claire, Ethics World, Aspen Philanthropy Newsletter, Harvard Business Review, Current Affairs, Charity Navigator, The Chronicle of Philanthropy, St. Petersburg Times, Board Room Insider, USA Today Topics, Accountants News, Newsweek.com, Responsive Philanthropy Magazine, New York Times, Portfolio Magazine, The Virgin Islands Daily News, NANKAI (China) BUSINESS REVIEW, National Religious Broadcasters newsletter, The Charity Governance Blog, American Chronicle, Palm Beach Post, Detroit Free Press, Oakland Press, Nonprofit World, Socially Responsible Business Forum, PNNOnline, Ohio Nonprofit Resources, Nonprofit Good Practice Guide, Nonprofit Startup Guide, Nonprofit Blog, National Coalition of Homeless Newsletter, Finance and Administration Roundtable Newsletter, MichiganNonprofit.com, CORP! Magazine, Crain’s Michigan Nonprofit, ncrp.org, PhilanTopic, Nashville Free Press, Nonprofit Law Blog, Seniors World Chronicle, Carnegie Reporter, Assoc. of Certified Fraud Examiners Examiner, msnbc.com, Worchester (MA) Telegram and Gazette, Carnegie Corporation of America, EO Tax Journal, Wikipedia: Non-profit Organizations; Parent: Wise Austin, Accountants News, Veterans Today, Answers.com, Far-roundtable, #Nonprofit Report, nonprofithelpnews, nonprofit news; National Enquirer, Northwest Herald, The HelpWise Daily, The #Nonprofit Report, Wikipedia (Nonprofit Organization), Answers.com, Nonprofits: On the Brink (2006) Silence: The Impending Threat to the Charitable Sector (2011)