Showing posts with label naughty non-profits. Show all posts
Showing posts with label naughty non-profits. Show all posts

Sunday, March 23, 2014

Why is Uncle Sam subsidizing these YMCA CEOs?

Pat Libby, who runs the Institute for Nonprofit Education and Research at the University of San Diego, said lawmakers are starting to take a closer look at salaries paid to charity officials.

“It goes to the question of public tax dollars,” she said. “Should people receive a tax deduction for contributing to organizations where executives are so highly compensated?”--San Diego Union Tribune


See also Robert Reich: “Paid-what-you’re-worth” is a toxic myth


The San Diego YMCA pays $544,172 to President and CEO Baron Herdelin-Doherty.

The organization is a bit secretive: it doesn't put its
Form 990 (tax form) on its website. Perhaps one of these
years Herdelin-Doherty will pull in over $1 million like
his predecessor (see San Diego Union-Tribune article below--
the SDUT managed to get a look at the 2009 Form 990).


My experience

I was delighted last July with my clever decision to take exercise classes at the YMCA.

But it didn't work out well. I wasn't able to make it to the classes I wanted to take. I had scheduling conflicts, an injury and I was out of the state for six weeks.

This wasn't the fault of the YMCA, but I'm wondering about their policy of taking $38 out of my checking account every month without regard to whether I am receiving any benefit.

I am thinking in particular about older members who may become incapacitated physically or mentally and who aren't able to make it to the Y to cancel their membership. Some of them might not have email, which is what I used to cancel my membership today. How long will that money keep flowing to the YMCA?

I called to express my concerns about this, but the membership director at the McGrath Family YMCA wasn't available--she was out of the office and wouldn't be available to talk to me for an hour or two. At least, that was the story I was given. But the minute I asked to talk to the executive director, what do you know? The membership director suddenly happened to walk into the office and got on the phone with me!

I said that was serendipitous, and she claimed that she didn't understand what I was talking about and that I should talk to someone else. So I am writing this as I wait for a call from Jennifer Pillsbury.

While waiting, I Googled the San Diego YMCA and discovered that their Form 990 (tax form) is not on their website!

Charity Navigator, however, has collected some information:
Compensation of Leaders (FYE 06/2012)

$544,172 Baron Herdelin-Doherty President, CEO
$187,500 Richard A. Collato Former President, CEO [The former president is still pulling in all this money? No wonder it cost me so much for classes. See below for San Diego Union-Tribune story about Collato.]

Now get this. Here's the mission of the YMCA:
Character development is an important part of the YMCA Mission and through all its programs the YMCA works at teaching young people to accept and demonstrate the four core values of Caring, Honesty, Respect and Responsibility in their daily lives.

Doesn't "responsibility" include putting your form 990 on your website? Doesn't "caring, honesty and respect" include not taking money from people when giving them nothing in return?


YMCA chief was paid nearly $1 million
The nonprofit says it was a one-year anomaly based on a retention package for the successful leader
By Jeff McDonald
SDUT
Dec. 9, 2010


Richard Collato

Tax form for the YMCA of San Diego County Pay compared

YMCA of San Diego County

President/CEO Richard Collato [Retired Sept. 30}
Compensation: $954,441
Gross receipts: $151.8 million
Employees: 4,178*
Endowment: $14.9 million

*Number provided by YMCA of San Diego County; 2008 tax records state 5,967; YMCA staff declined to explain the discrepancy

Story continued HERE.

Monday, January 06, 2014

Response to angry lawyer

Rachel Maddow:

"You not wanting to be known for something you have done is not the same as you not having done it."

See all posts Stutz v. Larkins lawsuit.


UPDATE:

Hey Koch Brothers: Your Ton of Lawyer Papers Didn't Make Rachel Maddow Back Down!
by hungrycoyote
Daily Kos
Jan 28, 2014

Rachel Maddow: "It's our country too, even if we don't get invited to your Billionaires’ Party in Palm Springs every January."

You may think that since Rachel Maddow has spent so much time these last few weeks wrapped up in reporting on the continuously breaking scandals out of New Jersey, that she hasn’t had time to think about that billionaire-duo of behind the scenes politics known as the Koch brothers. But you’d be wrong. The last time Rachel went on a full out rant about the Kochs’ escapades was at the beginning of this month. If you happened to catch that glorious segment when Rachel Maddow Spoke Truth to the Powerful Koch Brothers, you might think it doesn’t get any better than that. You’d be wrong. Rachel Maddow ended Monday night's show with a powerful segment pointed squarely at the influential brothers. If you missed it, you can watch it online, or if you prefer to savor every word by reading a transcript, just jump over the orange squiggly.

The segment starts with quotes from news reports that the Koch brothers helped accumulate $400 million that was spent to defeat President Obama and Congressional Democrats in the 2012 and then points out how the endeavor failed miserably. It's just amazing that the Koch brothers wasted their money having they lawyers attempt to muzzle Ms. Maddow. She even quotes the press coverage of the last time she tied the Koch brothers to the conservative networks they have created around the country, and specifically in Florida. Politifact had rated her assertions as "Mostly False" last time. Her response? More documentation that her reporting was factual.

Makes you wonder how the Koch brothers ever became successful billionaires, doesn't it? They blew $400 million on the 2012 election, and they wasted money on attorneys trying to force Rachel Maddow to retract her reporting. Fail! Fail! Fail! Why don't they just take their toys and go home? Seriously? When one thinks of all the good that money could have done, and yet it was used to wage a losing battle. The war isn't over because the Kochs plan to fight even more battles in the coming months as the 2014 election cycle gears up.

Don't think you can spare the time to watch a 15-minute video or read the long transcript? Read the end and then reconsider that thought.

The new Politico reporting on the Kochs' otherwise secret plans is that the Kochs, whose operation already rivals the Republican Party, they are now reshaping their operation in ways that could end up reshaping the Party itself, starting with raising as many millions of dollars as possible this weekend in Palm Springs. The Koch brothers are spending and organizing the spending of more money than almost anyone in history to influence American politics. They also fight vociferously to limit real reporting on how much they spend, how they spend it, and what the impact that spending has on our polity.

They want to influence American politics. And they are influencing American politics. But they do not want to be known for what it is that they do. And at one level this is one small fight about one group pushing one laughably terrible policy from Florida. But this is also about how American politics works now. And whether it stays in the light or whether it is allowed to go underground. Because how they are working their side of politics now is millions and millions and millions of dollars, hundreds of millions of dollars that are intentionally made difficult to trace, funneled to networks that build networks that you can disown when you want to if you want to.

Does that intentionally opaque political activity get reported on now, or doesn't it? They have tried to make it as hard as possible for that reporting to get done. I say we do it anyway. It's our country too, even if we don't get invited to your Billionaires’ Party in Palm Springs every January.

I don't know about you, but I'm looking forward to Rachel Maddow's reporting after she receives another ton of lawyer papers in response to this segment.

Elaborate network obscures Koch influence

Rachel Maddow traces part of the vast network of Koch-funded groups and initiatives to show their influence on conservative politics.

So the weather this weekend obviously was perfect if you live anywhere near Palm Springs, California. Maybe you played some golf on the manicured desert greens, enjoyed a cool drink by the pool. January in Palm Springs means look, 75 degrees and sunny. You feel like a million bucks. Or maybe you feel like several billion bucks.

Rachel Maddow: "January in Palm Springs means look, 75 degrees and sunny."

And a few weeks ago The Washington Post tallied up all the money the Kochs and their network raised for the 2012 election cycle [See Koch-backed political coalition, designed to shield donors, raised $400 million in 2012 by Matea Gold, The Washington Post, 5 Jan 2014]. And by The Post's accounting, it looks like something on the order of about $400 million just for the 2012 election, torn down into a rabbit warren of essentially unGoogleable, hard to trace, opaque non-profits and organizations, most with seemingly unrelated names and spread out all over the country and good luck sorting it out.

attribution: None Specified

Rachel Maddow: "The Washington Post tallied up all the money the Kochs and their network raised for the 2012 election cycle."

Around this time every year the conservative activist billionaire brothers Charles and David Koch get together with other very wealthy people somewhere around Palm Springs in order to talk conservative politics and conservative causes. Charles and David Koch try to hold these regular seminars in as much secrecy as possible because otherwise, the scene outside where they’re meeting ends up looking like this. [Video of protestors.]

Rachel Maddow: "This was outside the Koch's desert summit in 2011, and that was an off year for politics."

This was outside the Koch's desert summit in 2011, and that was an off year for politics. But that year people did find out in advance where they were going to and when they were going to be there, and so there was sort of a welcome party in reverse for the Kochs and their rich allies that year. That was 2011 when the Kochs and their friends were presumably planning their strategy for the next election cycle. The next election cycle, of course, was 2012.

Rachel Maddow: "At $400 million it was among the most mega of all the mega-money in that election."

The Post says found quote a labyrinth of tax-exempt groups and limited-liability companies helping mask the sources of the money, much of which went to voter mobilization and to television ads attacking President Obama and Congressional Democrats. What the Koch brothers helped fund in time for the 2012 election was a huge deal. I mean, at $400 million it was among the most mega of all the mega-money in that election. What they helped build for 2012 was very impressive … on paper. But in real life it flopped. The Kochs and their wealthy allies wanted Mitt Romney to become president, of course. In that effort, they failed. They also tried to put the Republicans back in control of the Senate, and they failed. They tried to get more Republicans into the House as well, and they failed at that too.

Rachel Maddow: "2012 was such a disappointment to the Kochs."

Twenty-twelve was such a disappointment to the Kochs that they delayed their plans for the 2013 summit [See Kochs Postpone Post-Election Meeting by Robert Costa, National Review Online, 11 Dec 2012]. Again, they usually troop off to Palm Springs in January. But after the 2012 election they pushed it back from January until April so they could have more time to try to figure out what to do.

Rachel Maddow: "that cash infusion was found by the state of California to be illegal."

But still, they were not yet done with the pain from that 2012 election cycle. In October, California officials announced that two groups they described as part of the Koch brothers network had broken campaign finance rules in the way they shuffled money around. A huge last minute infusion of cash into two California ballot initiatives (one to gut union rights and one to shield the richest taxpayers for a tax hike), that cash infusion was found by the state of California to be illegal [See Group Linked to Kochs Admits to Campaign Finance Violations by Nicholas Confessore, The New York Times, 24 Oct 2013].

Rachel Maddow: "One of the groups ... got a heap of cash from donors at the Koch's Palm Spring Summit in 201."

One of the groups dumping money into those fights in California reportedly got a heap of cash from donors at the Koch's Palm Spring Summit in 2012 [See Koch World 2014 by Kenneth P. Vogel, Politico.com, 24 Jan 2014].

Rachel Maddow: "...those groups agreed to a record fine, handed down by the State of California."

And in October those groups agreed to a record fine, handed down by the State of California. For their part, the Kochs insisted they had nothing to do with that scandal in California. They said they did not control those particular outfits and did not give money directly or indirectly to any nonprofit in that particular California election. But of course, they did still end up with their name in this headline [See Group Linked to Kochs Admits to Campaign Finance Violations by Nicholas Confessore, The New York Times, 24 Oct 2013].

Rachel Maddow: "The Washington Post attempting to chart the Koch backed election machine for 2012."

And in this one; this is The Washington Post attempting to chart the Koch backed election machine for 2012 [See Inside the $400-million political network backed by the Kochs, The Washington Post, 5 Jan 2014]. You can see one of the groups that got its wires crossed in California is right there in the middle of the web; in the middle of the Koch-backed network.

Rachel Maddow: "But what makes the Kochs' genius, is that they help grow networks."

For the Koch brothers, the news out of California presents a different and worrying kind of challenge. I mean, they can write impressive checks. They can get other rich people to write impressive checks. But what makes the Kochs' genius, is that they help grow networks; networks that then grow other networks. And in so doing they create a web of immense influence that seems decentralized. So when someone at the end of the org. chart does something that gets noticed, either for good or for bad, well then it's your call as to whether or not you say you’re proud to take credit for what they did or whether you tell everyone that you’ve got no connection to them whatsoever. Change the world; sway elections, but keep your hands clean. You don't have to answer questions about it. You don't have to face scrutiny as to your motives or anything else and it cuts down on those annoying protesters outside your swanky resort meetings. If you are writing checks alongside the Kochs you get to be part of this leviathan, far reaching, well funded nest of networks and no one has to know that about you unless you want them to.

Rachel Maddow: "...the maze of linked groups and money did not win them the 2012 election."

The Post called it quote a maze of groups that cloaks its donors. But again, in 2012 the maze of linked groups and money did not win them the 2012 election, and they had that problem in California with the network going sideways and getting busted by that state there. So what happens this year? What do the Kochs try to sell in their desert retreat this year, which happened just this past weekend in Palm Springs?

Rachel Maddow: "...look for the hotel where all the rooms are booked and suddenly the restaurant is inexplicably off limits."

It was kind of fun watching the local press trying to figure out where the meeting was going to be held this year [See Koch brothers expected to hold desert conference by Erica Felci, The Desert Sun, 24 Jan 2014]. Hint, look for the hotel where all the rooms are booked and suddenly the restaurant is inexplicably off limits. Politico.com broke the news on Friday about the Kochs' pitch this year. Quote This year, the Koch’s close allies are rolling out a new, more integrated approach to politics. That includes wading into Republican primaries for the first time to ensure their ideal candidates end up on the ticket, and also centralizing control of their network to limit headache-inducing freelancing by affiliated operatives [See Koch World 2014 by Kenneth P. Vogel, Politico.com, 24 Jan 2014].

So the Kochs are reportedly selling more influence over which candidates are running and more control over the network. All the non-profits with the hard to follow anonymous-sounding names that have been freelancing out there, right? More control. And good on Politico for being able to report that out in advance of the meetings this weekend because we know how secret they like to keep this stuff.

I've got to say, though, when that story broke I always wonder now, every time I see somebody report something new on the Koch brothers and particularly on what the Koch brothers fund, I wonder if they are getting buried under a ton of lawyer papers every time they report this stuff too. Or whether the Kochs just do that to us.

Rachel Maddow: "Being a political actor means being subject to political scrutiny. If you don’t want to be known for it, DON'T DO IT."

[Video clip from The Rachel Maddow Show 3 Jan 2014]:

… we will not stop reporting on the political actions and the consequences of the political actions of rich and powerful men even if they send angry letters every time we do it. I will not read scripts provided to me by anyone else. I do not play requests. I will happily make corrections when I do get things wrong. We do it on this show all the time. But I will not renounce or retract reporting that is true even if the subjects of that reporting don’t like it. Being a political actor means being subject to political scrutiny. If you don’t want to be known for it, DON'T DO IT.

So a few weeks ago we reported on this show about forced drug testing for people on welfare in the State of Florida. It's a Rick Scott policy in that state. It has not been going well in that state. And that's of wider political interest for two reasons. One is that Florida Governor Rick Scott's running for re-election and he's making that policy part of his re-election effort; even as a federal judge has just struck down that policy as unconstitutional. Also, though, the second reason, that story may not just be about Florida anymore. Between the time that the forced drug testing thing got signed into law in Florida and the time that the federal judge first struck it down, a Florida group called the Foundation for Government Accountability started marketing that forced drug testing law around the country, trying to talk other states into doing it as well. They went to public hearings in Georgia to share the good news about Florida's terrible policy [See The Right Presses On For Welfare Drug Tests The Rachel Maddow Show, 2 Jan 2014].

They went to public meetings in Georgia to share the good news about Florida’s terrible policy [See RELEASE: Think Tank Shares Florida’s Welfare Drug Testing Success at Georgia Public Hearing, Foundation for Government Accountability, 15 Feb 2012]. They went to a national meeting of the group ALEC in Arizona to market Florida's terrible policy to state legislators from all over the country [See RELEASE – Think Tank Featured at ALEC Health and Human Services Task Force, Foundation for Government Accountability, 5 Dec 2011]. So we reported that a few weeks ago. The problems with that forced drug testing policy had as a policy in Florida, its problems legally in Florida, and the efforts of this Koch brothers-affiliated group, the Foundation for Government Accountability, to nevertheless try to sell this very bad policy nationwide.

PolitiFact gets it wrong!

The Koch brothers responded by telling us that they had nothing to do with the Florida Foundation for Government Accountability, they rejected any effort to link them with what that group does and with the policies that that group promotes. The Koch brothers say they have nothing to do with the issue of drug testing for welfare benefits, nothing to do with that Florida law, and nothing to do with this Florida group, the Foundation for Government Accountability. Quote an attorney for Koch Industries … says Koch foundations have no connections to the Foundation for Government Accountability [See Rachel Maddow claims Florida group that backs drug-testing welfare recipients is affiliated with Koch brothers, PolitiFact, 9 Jan 2014]. A spokesman for the Koch Company says, quote Koch has not contributed to the Foundation for Government Accountability. We have had no involvement whatsoever with the foundation for Government Accountability or the Florida law [See MSNBC’s Rachel Maddow Hunkers Down on Koch Bros. Claim by Erik Wemple, The Washington Post, 8 Jan 2014].

No involvement with the Foundation for Government Accountability whatsoever. They do not want to be associated with the work of this group or the policies this group supports. They do not want to be tied to them. They do not want you to hear forced drug testing in Florida and think about the conservative networks that have been spawned by the Koch brothers.

attribution: None Specified

The Institute for Humane Studies is a non-profit.

Here's the thing. This is the website for The Institute for Humane Studies. The Institute for Humane Studies is a non-profit. They list Charles G. Koch of Koch Industries as their chairman [See Institute for Humane Studies income tax exemption form (pdf)]. And one thing this Koch-chaired non-profit has done is offer the Charles G. Koch Summer Fellows Program. The Koch summer fellowship is a paid public policy internship. Quote at the state level the fellowship strengthens the institutional capacity of market-oriented think tanks. You and I might not get invited to the Kochs' fund-raising party in the desert. We don't get to watch them building their network. But every so often we get a glimpse of the Kochs' network itself building.

[Audio recording of Heather Lakemacher, Policy Programs Director, Institute for Humane Studies, Students for Liberty/Youtube 2 Feb 2013]

Next .. and this is my personal favorite, because it's the one I direct … is the Koch Summer Fellow Program. And the Koch Summer Fellow Program is run by the Institute for Humane Studies, and here are the basics, and obviously, I can go into a lot more detail in the Q&Q session. It's a paid internship program which pairs you with opportunities throughout the entire country. So we work with State Policy Network, and one of the advantages that we have there is many of the state groups aren't able to pay internships. They only have unpaid internships. And so through the Koch Summer Fellow Program we actually provide a stipend for the summer. So it's an opportunity to work with a group and get paid for it.

That was a nice-sounding lady from the Koch-chaired Institute for Humane Studies talking to students from a Koch-funded organization last year. She's talking about sending Koch fellows to the State Policy Network, which is a group of think tanks which includes the Foundation for Government Accountability. That group in Florida that the Kochs say they have nothing to do with.

attribution: None Specified

Rachel Maddow: "State Policy Network says it is very excited about these liberty-loving interns." State Policy Network says it is very excited about these liberty-loving interns who get a stipend, housing assistance, and travel scholarships as part of their Koch fellowship [See SPN News January/February 2013 Updates]. In full disclosure I should tell you that a lot of corporations also give money to the State Policy Network including our corporate owners at Comcast. But not all of them send interns to these groups as Charles Koch fellows.

[Audio recording of Heather Lakemacher, Policy Programs Director, Institute for Humane Studies, Students for Liberty/Youtube 2 Feb 2013]

You can use, like, the Koch Summer Fellow Program if you go to our website, we've got what we call the host search. And it's a listing of all of the organizations that we work with.

Rachel Maddow: "And oh, hey, look, that group that the Koch brothers say they and their foundations have absolutely no involvement with whatsoever."

That's how the Koch Fellows people tell you to find out where you can work if you get one of these paid Koch fellowships. You go to the Koch fellows host search page. You can search it by policy interest or by region. And oh, hey, look, that group that the Koch brothers says they and their foundations have absolutely no involvement with whatsoever, The Foundation for Government Accountability; that group in Florida that has been pushing that drug test the poor law. Look, there they are. Same guys; same guys the Kochs say neither they nor their foundations have anything to do with. Anyone who reports out new information on the political activities of the Koch brothers, particularly on what they fund and who they're linked to, tends to get acquainted with their teams of lawyers and spokesmen very quickly. They challenged our original report this month about the Foundation for Government Accountability and them being a Koch-affiliated group.

Koch spokesman accuses Maddow team of trying to change the subject.

We stand by our report. Then we asked them about this other very bright link between the Koch brothers and the Florida group they want to say they're not affiliated with whatsoever. We asked them about this other link. And they said essentially, Hey, quit changing the subject. Their spokesman telling us, quote rather than admit you are wrong about that Florida group you are shifting the focus to a new line of flawed reasoning that isn't relevant to your previous coverage. But the Koch network is the whole point of the previous coverage and all the coverage we've ever done of these guys.

Again, the Kochs say they have nothing to do with drug testing for welfare benefits or with the Florida law but the group that is promoting that Florida policy around the country is affiliated with the Koch brothers and benefits from being part of their network of conservative political groups. And that matters. And reporting it despite their threats; matters.

Kochs' otherwise secret plans is that the Kochs, whose operation already rivals the Republican Party, they are now reshaping their operation in ways that could end up reshaping the Party itself.

The new Politico reporting on the Kochs' otherwise secret plans is that the Kochs, whose operation already rivals the Republican Party, they are now reshaping their operation in ways that could end up reshaping the Party itself, starting with raising as many millions of dollars as possible this weekend in Palm Springs. The Koch brothers are spending and organizing the spending of more money than almost anyone in history to influence American politics. They also fight vociferously to limit real reporting on how much they spend, how they spend it, and what the impact that spending has on our polity.

They want to influence American politics. And they are influencing American politics. But they do not want to be known for what it is that they do. And at one level this is one small fight about one group pushing one laughably terrible policy from Florida. But this is also about how American politics works now. And whether it stays in the light or whether it is allowed to go underground. Because how they are working their side of politics now is millions and millions and millions of dollars, hundreds of millions of dollars that are intentionally made difficult to trace, funneled to networks that build networks that you can disown when you want to if you want to.

Does that intentionally opaque political activity get reported on now, or doesn't it? They have tried to make it as hard as possible for that reporting to get done. I say we do it anyway. It's our country too, even if we don't get invited to your Billionaires’ Party in Palm Springs every January.

Monday, September 16, 2013

Meet the lawyer who keeps some of America's worst charities in business


A large painting that dominates Errol Copilevitz’s conference room depicts him speaking before the U.S. Supreme Court in March 2003. In that case, his second before the court, Copilevitz successfully argued that limiting what charities pay solicitors is a violation of the First Amendment.
Credit: Maurice Rivenbark/Tampa Bay Times

"...Copilevitz won both cases on behalf of the American Association of State Troopers, which went on to raise tens of millions of dollars.

In the past eight years alone, the association has raised nearly $45 million through professional solicitation companies, IRS records show. About $36 million of that went straight to the solicitors, placing the charity at No. 9 on the Times/CIR list of America’s worst."


Meet the lawyer who keeps some of America's worst charities in business
Kris Hundley
Tampa Bay Times
Kendall Taggart
The Center for Investigative Reporting
Sep 12, 2013

Errol Copilevitz started his legal career representing strip clubs and porn shops on the seedy side of Kansas City.

Then he took free-speech arguments honed defending topless bars to a more lucrative field.

Philanthropy.

Today, Copilevitz is the undisputed king of the charity world.

From his offices in a renovated turn-of-the-century warehouse in Kansas City, Mo., Copilevitz and his four partners represent more nonprofits and professional solicitors than any other law firm in the nation.

Last year, the NonProfit Times, an industry journal, named Copilevitz as one of the sector’s 25 “Best and Brightest,” thanks to his First Amendment work.

That expertise has been especially beneficial to a particular kind of charity – those that spend a tiny fraction of the cash they raise helping people in need.

The Tampa Bay Times and The Center for Investigative Reporting spent a year identifying the 50 worst charities in America based on the money they paid to professional solicitation companies over the past decade.

Copilevitz & Canter has represented nearly three-quarters of them, as well as most of their for-profit telemarketers and direct mail companies.

If there’s a dollar being donated over the phone in America, there’s a good chance the firm had a role in creating, registering or advising at least one of the parties involved.

More importantly, Copilevitz has won landmark First Amendment cases that have undercut government efforts to regulate sham charities and helped unleash an avalanche of junk mail and telemarketing calls on the American public.

Thanks in part to Copilevitz, the government can’t limit how much charities spend on fundraising.

And their for-profit solicitors don’t have to disclose how much they keep unless donors ask.

It’s impossible to calculate how much Copilevitz’s courtroom victories have meant to his clients’ bottom line. But the 37 charities he represents that were ranked among the 50 worst raised a total of $1.2 billion in cash over the past decade. Of that, nearly $880 million went to pay their outside solicitors, most of which also were the lawyer’s clients.

In a two-hour interview with the Times and CIR, Copilevitz calmly deflected criticism aimed at his clients.

He sat at a conference room table in a tweed jacket and patterned blue tie, rarely raising his voice, occasionally tapping the table to emphasize a point.

He knows that there are bad guys in the charity business.

“There’s no doubt there are some people who start charities whose intentions aren’t the greatest,” he said. “They’re looking to create a job for themselves, I suspect.”

But to Copilevitz, the choice is simple.

Put up with groups that don’t do enough to help people in need, or stifle everyone, including the charity “that actually may come up with the cure to cancer.”

As for those donors who give without realizing that only pennies will reach the cause, Copilevitz has little sympathy.

“I think people understand that there’s a cost (to raising money),” he said. “How long do you have to be telling them that?”

From vulgar to virtuous

Trim and tanned at 70, Copilevitz is reveling in the rewards of a long career.

He rubs shoulders with Julie Andrews at benefits for the National Children’s Cancer Society, a client in St. Louis.

On his wrist he wears a black rubber bracelet in support of Wounded Warrior Project, another high-profile account.

He owns a condo overlooking Kansas City, a winter getaway in Scottsdale, Ariz., and a couple of commercial real estate investments in Florida and Georgia.

He has about 40 employees and a multimillion-dollar practice that was recently named by U.S. News & World Report as one of the best law firms in the country.

He built it all himself.

The son of a grocer raised in rough-and-tumble East St. Louis, Copilevitz saw a career in law as the ticket to a better life.

After earning a law degree from University of Oklahoma in 1968, Copilevitz moved to Kansas City and landed a job at the radio station where his brother worked.

Within a decade, he had his own practice defending topless bars, adult bookstores and traveling circuses.

He represented strip club owners with alleged mob ties against a crusading district attorney intent on shutting them down. He defended a promoter facing criminal charges after a hippo went on a rampage at a fundraising event. And his firm represented clients like Pleasure Chest and Erotic City in battles with the city over their coin-operated video booths.

Copilevitz’s fight against regulators – people he derided for years as censors – culminated in a showdown in St. Louis in 1987. The U.S. Justice Department, under Attorney General Edwin Meese, had declared a war on pornography. More than 200 video store owners fought back with Copilevitz as their lawyer.

Calling the government’s crackdown an attack on the First Amendment, Copilevitz told a newspaper that banning the rental of porn movies would have “a chilling effect on the community.”

Less than a year later, he was making a similar argument in a much loftier venue: the U.S. Supreme Court.

This time, Copilevitz was arguing on behalf of charities and their paid solicitors.

The high court

It was a big leap for a tiny law practice. But Tom Gray, a former colleague, said the same legal principals held true, whether Copilevitz was defending strip clubs or charities.

“The fundamental issues of the First Amendment were the connecting piece,” he said.

In the case before the Supreme Court, Copilevitz’s clients were charities and professional solicitors challenging a new state law that required fundraisers to tell donors how much of their money actually got passed on to a charity. The attorney general said telemarketers, typically working with transient circus promoters, were keeping 80 percent or more of the money raised.

When the case reached the U.S. Supreme Court in 1988, Copilevitz argued that the law presented “a real and present danger of censorship” and could be especially harmful to small charities advocating unpopular causes.

If telemarketers were forced to start conversations by disclosing where donations wound up, he warned, they would “end up with a dial tone.”

The court sided with Copilevitz, building on a series of previous decisions that limited state regulators’ ability to crack down on fundraising costs. The ruling slammed the door on officials who had been trying for years to find a way to stop charities from funneling almost everything they raised to for-profit solicitors.

“There’s not much left to protect the donor,” David Ormstedt, Connecticut’s assistant attorney general, told reporters at the time.

Telemarketers and charities of all stripes celebrated the verdict.

A major trade journal described Copilevitz’s success in the case as “the year’s biggest gift to philanthropy.”

[Maura Larkins' comment: No, it's the biggest gift to scammers and their lawyers. Philanthropy involves a completely different approach to life.] The rise of telemarketing

If donors lost as a result of the 1988 decision, Copilevitz clearly won.

He also had the good fortune of being on the ground floor of an industry that was about to boom.

Computerized phone dialers introduced in the late 1980s made calling faster and more efficient.

Phone rates plummeted with the breakup of AT&T’s monopoly on long-distance service.

Dozens of entrepreneurs spied the opportunity, opened call centers and started signing up charity clients.

Robert Preston was one of them. He’d been running a part-time phone room for the Police Benevolent Association in South Florida for years when he decided to open a telemarketing company in 1991.

Preston said the computerized dialer made calling more efficient.

“It increased human productivity,” he said.

To help him launch a telemarketing business, Preston turned to Copilevitz, who had built a reputation as a guy who could get your business started and get you out of a jam with regulators.

“I realized he was the 800-pound gorilla in terms of understanding this area of the law,” Preston said.

Over the years, Preston’s company, Organizational Development, has relied on Copilevitz & Canter to file annual reports with regulators. Copilevitz helped negotiate a settlement in Maine in 2010 when Preston’s firm was charged with misrepresenting itself to donors. Copilevitz has also reviewed contracts between the telemarketer and its charity clients.

At its peak a few years ago, Preston’s company had $10 million in revenues; it keeps about 85 percent of donations.

Preston also turned to Copilevitz for help when he started a charity, WorldCause Foundation, in late 2010 to create a job for his son. The law firm handled the new charity’s IRS application and state filings.

Apart from their lawyer-client relationship, Copilevitz has joined Preston in several commercial real estate investments over the years.

“He’s not a baby if a deal goes sour,” Preston said of Copilevitz. “And when I would get angry with tenants, he would talk me off the ledge. He’s like a rabbi.”

Shutting regulators down

As telemarketing calls multiplied exponentially over the next decade, Copilevitz’s firm worked to make sure the calling continued unfettered.

In 1994, he knocked down a Georgia law designed to stop charities from using a law enforcement agency’s name, without permission, to drum up donations.

Three years later, Copilevitz stopped Louisiana from limiting how many police organizations could solicit in the state.

Copilevitz won both cases on behalf of the American Association of State Troopers, which went on to raise tens of millions of dollars.

In the past eight years alone, the association has raised nearly $45 million through professional solicitation companies, IRS records show. About $36 million of that went straight to the solicitors, placing the charity at No. 9 on the Times/CIR list of America’s worst.


Copilevitz was on hand again in 2001, when Florida lawmakers made their own attempt to crack down in high-cost fundraising.

They passed a law forcing charities to declare on mailers and fliers how much they spend on solicitors.

Copilevitz filed suit on behalf of two charities, including the Committee for Missing Children, No. 13 on the Times/CIR list.

He won yet again. Copilevitz convinced a federal judge that spending 86 percent of donations on professional solicitors – as the Committee for Missing Children had done that year – does not make a charity unworthy of support.

By 2003, Copilevitz’s reputation made him a natural candidate for another case before the Supreme Court. Illinois’ attorney general had sued Telemarketing Associates, claiming it misled donors and that it was keeping 85 cents of every dollar raised on behalf of one of its clients.

Copilevitz took the case, with no pay, and stepped before the nation’s highest court for the second time in his career.

This time nearly 200 charities, many of them Copilevitz clients, had signed briefs in support of his case.

Again he argued that limiting what charities pay solicitors is a violation of the First Amendment.

Again the justices agreed.

A large painting that dominates Copilevitz’s conference room shows him speaking before the court that day in March 2003.

“It was very gratifying,” Copilevitz said. “We had gone from representing this distasteful, small-time telemarketer in the circus days to these major trade associations that understood the issues went far beyond the case at bar. It affected the industry.”

The regulatory shuffle

Regulatory filings, disciplinary records and court documents collected by the Times and CIR show that Copilevitz & Canter has done work for more than 400 charities over the past decade.

Often that work involved nothing more than filing a charity’s annual registration papers with state regulators. Some of the firm’s most prominent clients – the American Cancer Society and Susan G. Komen Foundation – told reporters they fall into that category.

But the firm also has helped dozens of clients navigate more serious legal issues, including fighting allegations that they misled donors.

Copilevitz said that shouldn’t be a surprise.

“There are only a small handful of law firms in the country that focus on the myriad state charitable solicitation laws,” he said. “We happen to be one of them.”

When the United States Deputy Sheriffs’ Association was accused by Kentucky’s attorney general in 2009 of deceiving donors by telling them their money would buy bulletproof vests for local law enforcement, the nonprofit called Copilevitz & Canter.

Within a month, Copilevitz negotiated a settlement. His client would pay $30,000 to the state, donate $71,000 in equipment to Kentucky sheriffs’ departments and briefly stop soliciting in the state.

At the same time, he negotiated a separate case brought by Oregon against the charity.

In both cases, the charity admitted no wrongdoing and showed no lasting impact.

In its 2011 tax filing, the group reported spending nearly $1.7 million on fundraising out of total expenditures of $2.4 million – or about 70 cents of every dollar.

When charities and solicitors run into regulatory problems in one jurisdiction, they’re supposed to report it if asked by other states where they solicit. But in more than a dozen cases identified by the Times and CIR, Copilevitz’s firm filed annual registration forms in which charities and solicitors did not disclose prior actions in other states, despite being asked on the application.

United States Deputy Sheriffs’ Association did not disclose either the Kentucky or Oregon actions in its subsequent registrations in Florida, filings that were handled by Copilevitz’s firm. After being asked about the omissions, a spokesman for the Florida Department of Agriculture and Consumer Services said the matter is under investigation.

In another case, JAK Productions’ $300,000 settlement with the Federal Trade Commission, which was signed by Copilevitz in June 2010, was not mentioned in the solicitor’s filing the following year in North Carolina. Copilevitz & Canter submitted the paperwork to North Carolina on the solicitor’s behalf.

According to a spokeswoman for North Carolina’s charitable division, “The solicitor should have responded ‘Yes,’ ” to the question that asked if there had been actions taken by other state regulators in the previous five years.

And in Florida and Ohio, Copilevitz’s firm handled registration paperwork that failed to disclose a $100,000 fine by California in 2010 against the Association for Firefighters and Paramedics.

Asked about these filings, Copilevitz said his law firm never advises clients to omit such information. He said clients, not his firm, are responsible for ensuring the accuracy of their registrations.

But Michael Gamboa, president of the Association for Firefighters and Paramedics, which is No. 14 on the Times/CIR list, blamed Copilevitz’s office.

“They know all about those fines,” he told the Times and CIR. “They’re supposed to make sure it’s in the registration.”

Traci Gundersen, Utah’s former top charity regulator, said law firms like Copilevitz & Canter that specialize in state charity filings should have systems to track disciplinary cases to ensure they are disclosed as required.v “It’s almost like you’re burying your head in the sand if you fail to have a safeguard like that,” she said.

The fixer

To understand how deeply involved Copilevitz gets with some of his clients, consider the case of Civic Development Group.

In 1998, the FTC sued the telemarketer for falsely claiming that donations would be used locally to buy bulletproof vests and provide benefits for dead officers’ families.

With Copilevitz’s assistance, the company negotiated a settlement that did little to affect its practices or hinder its success.

Within a decade, the New Jersey-based company became one of the largest telemarketers in the country.


It ran boiler rooms in at least 18 states and collected tens of millions of dollars each year on behalf of its charity clients, according to documents filed with state and federal regulators.

But in 2001, a law passed by the Indiana legislature threatened to cut into collections.v In most states, telemarketers calling for charities can solicit people on the Do Not Call list.

But Indiana’s new law said only people directly employed by a charity could; calling people on the list was off limits to hired-gun solicitors.

That put a damper on returns to the Indiana Fraternal Order of Police, which had hired Civic Development Group for telemarketing.

Civic Development turned to Copilevitz for advice.

According to court documents, Copilevitz walked Civic Development through a new fundraising arrangement that got around Indiana’s restrictions.

Civic Development’s phone room workers became employees of the Indiana Fraternal Order of Police, giving them access to people on the Do Not Call list. Callers also began telling donors that 100 percent of their donation went to the charity.

Civic Development morphed from being a telemarketer to acting as a “consultant” to the call center operation. But its managers retained the right to hire and discipline workers. And through its consulting fees, Civic Development continued to take most of what was collected from donors. In 2007, the FTC again sued Civic Development, calling the new setup a sham.

In court filings, the company said Copilevitz had reviewed the new contract with the Indiana police charity and reviewed solicitation material. Though Civic Development admitted no wrongdoing, it agreed in 2010 to a pay a record $18.8 million settlement. The former owners of the company, Scott Pasch and David Keezer, were banned from the industry.

Pasch and Keezer sued Copilevitz and his firm earlier this year, alleging they were given bad legal advice. When they asked attorneys at the firm whether they should seek FTC approval for their new fundraising model, they were told to “let sleeping dogs lie,” according to the complaint, which is pending. Copilevitz denied the claims made by his ex-clients and told reporters he never advised Civic Development to do anything improper. He said he outlined a legal way to deal with Indiana’s new law.

Mark Josephs, the former U.S. attorney who prosecuted the case against Civic Development, said he believes Copilevitz should have at least been aware of his client’s deceptive scripts.

Copilevitz told the Times and CIR that the company’s in-house lawyers prepared the scripts and when he learned they were claiming 100 percent went to charity, he advised them to stop.

“They did not follow my advice,” he said...(Read more: Meet the lawyer who keeps some of America's worst charities in business

Times researchers Caryn Baird and Carolyn Edds contributed to this report.