Charities

Attorney General Bonta Announces Final Regulations Implementing New Online Charitable Fundraising Law

April 16, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO – California Attorney General Rob Bonta today announced the final regulations implementing Assembly Bill 488 (Government Code section 12599.9), a first-of-its-kind law governing charitable fundraising on internet platforms. The final regulations are the result of an extensive rulemaking process, and allow the Attorney General to properly supervise crowdfunding websites and other online platforms that perform, permit, or enable solicitations for charitable donations through their platforms. Most notably, starting on June 12, 2024, these charitable fundraising platforms are required to register with the Attorney General’s Registry of Charities and Fundraisers.

“There’s no denying that, in recent years, charitable giving has been increasingly taking place online. Internet platforms like GoFundMe, Meta, and PayPal all make it convenient for Californians to donate to or support their favorite charities, but that convenience can come at a cost,” said Attorney General Bonta. “With the final regulations that we are announcing today, my office will be better equipped to protect donors and charities, and ensure that donations are going toward their intended purposes.” 

The final regulations implement Government Code section 12599.9 requirements that charitable fundraising platforms and platform charities: 

  • Register and submit annual fundraising reports to the Attorney General’s Registry of Charities and Fundraisers, with filings made available for public viewing.
  • Provide conspicuous disclosures in their solicitations, intended to prevent public deception, confusion, and misunderstanding.
  • Promptly issue tax donation receipts, when applicable.
  • Promptly distribute donations to charities.
  • Only solicit for charities that have provided prior consent, unless certain criteria are met that safeguard against harm to charities and the public.
  • Only solicit for charities in good standing in California and with the IRS. 

A copy of the final regulations can be found here. More information on Government Code section 12599.9 and the regulations, including registration and reporting, is available here. AB 488 was sponsored by Attorney General Bonta and authored by Assemblymember Jacqui Irwin (D-Thousand Oaks). 

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Attorney General Bonta Joins FTC, Bipartisan Coalition of Attorneys General in Lawsuit Against Sham International Cancer Charity

March 12, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Coalition moves for permanent injunction against Cancer Recovery Foundation International and President Gregory Anderson  

OAKLAND – California Attorney General Rob Bonta joined the Federal Trade Commission (FTC) and a bipartisan multistate coalition of 10 attorneys general in filing a lawsuit seeking a permanent injunction against Cancer Recovery Foundation International, Inc. (CRF) and its president, Gregory Anderson, for operating sham charities that collected millions of dollars from donors but provided little monetary assistance to cancer survivors and their families. In the lawsuit, the coalition alleges that CRF filed false and misleading financial reports and conducted deceptive solicitations to consumers across the country by using telemarketing scripts, direct mailers, and pledge letters. These deceptive business practices were designed to profit Gregory Anderson at the expense of women fighting cancer. CRF also operates under the names of Women’s Cancer Fund, Pink Diamond Women’s Cancer Fund, New Era Cancer Research Fund, and Nutrition as Medicine. The coalition seeks a permanent injunction to ban the charity and its president from operating and prevent future violations of the law.

“Cancer Recovery Foundation solicited and misused generous donations from hardworking families – in California and across the nation – who wanted to help battle cancer, and support cancer patients and their families. In reality, the foundation’s president solicited donations unscrupulously to pay his salary, expenses, and benefits,” said Attorney General Bonta. "This type of behavior is unacceptable. Charities like Cancer Recovery Foundation that mislead individuals will be held accountable. The California Department of Justice is committed to protecting California's charity donors, beneficiaries, and organizations from the harm caused by deceptive charities." 

The Women’s Cancer Fund collected $18 million from generous donors between 2017 and 2022, promising donors that their donation would go directly to assist cancer patients with basic living expenses such as rent, utilities, and food for their children. Instead of using donors' contributions as intended, a large portion of the funds were used to benefit CRF's president, Gregory Anderson. CRF only spent $194,809, or roughly 1% of these funds on financial support to cancer patients. At the same time, Anderson paid himself a salary of $775,139 – nearly four times as much as CRF collectively gave to all the cancer patients it supported. In addition to his salary, Anderson also used donated funds for various costly expenses, such as hotels and travel. Meanwhile, Women’s Cancer Fund gave the vast majority of the funds it collected from donors, about 85%, to for-profit fundraisers that Anderson hired to make deceptive pitches on behalf of CRF. The Women’s Cancer Fund made misrepresentations to donors nationwide regarding its purported charitable programs. Women’s Cancer Fund lied to tens of thousands of generous donors about their charitable contributions.

CRF falsely claimed in its donor solicitations that their contributions were critically important and could help save women’s lives. It falsely fundraised by lying to donors stating that “50% of all money… goes to support women in treatment and recovery to overcome their financial difficulties.” Anderson solicited donations from donors despite knowing that only a small percentage of the funds would be spent on financially supporting women battling cancer. Anderson recruited and negotiated contracts with fundraisers who solicited contributions from donors. In numerous instances, Anderson signed contracts with fundraisers that specifically indicated that the fundraisers would receive 85% to 90% of total funds raised. Anderson approved and authorized fundraisers’ use of the scripts, pledge letters, and mailers with these misrepresentations included. In early 2020, Anderson also sent a handwritten letter to donors that he signed on behalf of Women’s Cancer Fund assuring donors that their donations would directly help thousands of women battling cancer with “basic living expenses.” Pledge letters made false promises and manipulated donors into thinking that their gifts were getting to cancer patients and their families. Instead, only about a penny of every dollar donated went to provide such support, while the overwhelming majority went to pay for-profit fundraisers and Anderson. 

Charities are required to report their donations and program expenses to the California Department of Justice, which include information about how much support a charity received from the public or other sources, how the charity is spending the money, and information on its assets and liabilities. The California Department of Justice works to regulate charities and the professional fundraisers who solicit on their behalf. The oversight protects charitable assets for their intended use and ensure that the charitable donations contributed by Californians are not misapplied and squandered through fraud or other means. Charities are required to register and file annual financial reports with the Attorney General’s Registry of Charities and Fundraisers. Donors are urged to research charities on the Attorney General’s website before deciding to donate.

In filing the lawsuit, Attorney General Bonta joins the FTC and the attorneys general of Florida, Indiana, Maryland, Massachusetts, North Carolina, Oklahoma, Oregon, Texas, Virginia, and Wisconsin.

The complaint is attached here.

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Attorney General Becerra Recovers Nearly $8.8 Million Against Corrupt Operators of Sham Charity for Wounded Veterans

November 13, 2018
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN DIEGO – California Attorney General Xavier Becerra announced today a jury verdict in favor of the State against individuals who fraudulently solicited charitable donations under the pretext of assisting wounded veterans and their families and instead illegally enriched themselves with the donated funds. In April 2017, Attorney General Becerra filed a lawsuit alleging that the operators committed fraud against California donors.  Following trial, the jury awarded nearly $8.8 million to the state against defendants Matthew G. Gregory and spouse Danella J. Gregory, their adult children Matthew J. Gregory and Gina D. Gregory, and their business Gregory Motorsports. 

“These unscrupulous con artists exploited the generosity of Americans by falsely claiming to help our country’s wounded warriors and their families. Instead, they used our charitable donations for personal gain,” said Attorney General Becerra. “A jury of their peers has justly slapped down the Gregory family and their corrupt enterprise. But there are more sham charities out there plotting to defraud us. That’s why the California Department of Justice has ramped up its investigation and enforcement against suspect charities. We intend to hold them accountable before they prey on you.” 

In this case, the jury found that the defendants, as directors of Wounded Warriors Support Group and Central Coast Equine Rescue and Retirement, breached their fiduciary duty to act in the best interest of the two charities. Wounded Warrior Support Group, a nonprofit that purportedly supported military veterans and their families, is located in Carmel-by-the-Sea, California, and engaged in fundraising and raffle activities in Alameda County and throughout the State of California. Central Coast Equine Rescue and Retirement, a nonprofit with a mission to rescue abused and unwanted horses and educate the public on the horses’ care and neglect, operated out of Livermore, California, and Carmel-by-the Sea, California.

The jury found that the defendants breached their fiduciary duty by failing to use donated funds for charitable purposes for which the donations were sought. The filed complaint alleged that the defendants instead spent the donated proceeds for personal use, including shopping at Victoria’s Secret, paying off personal credit card debt, traveling, dining, and purchasing dressage equipment, admittance to traffic school, and other personal expenses. The jury also found that the defendants conducted misleading and deceptive fundraising by running illegal charity raffles in locations throughout California; breached their fiduciary duty to act in the best interest of the charities by filing false reports with the Attorney General’s Office; violated the Attorney General’s Cease and Desist Orders; engaged in self-dealing transactions; gave improper loans to directors; and operated the two charities without keeping corporate records and minutes. Against the non-director defendants, the jury found that they aided and abetted the directors in their unlawful acts to advance their own interests and financial gain. 

The jury found the defendants acted illegally a total of 3,430 times and awarded damages to the state as follows:

  • Against Matthew G. Gregory: $1.35 million for breach of fiduciary duty; $1.35 million for deceptive and misleading solicitations; $641,528 for self-dealing transactions; and $500,000 for unjust enrichment.
  • Against Danella J. Gregory: $500,000 for unjust enrichment. 
  • Against Matthew J. Gregory: $1.35 million for breach of fiduciary duty; $1.35 million for deceptive and misleading solicitations; and $562,782 for unjust enrichment. 
  • Against Gina D. Gregory: $251,129 for aiding and abetting a breach of duty; $2,700 for deceptive and misleading solicitation; and $751,129 for unjust enrichment. 
  • Against Gregory Motorsports: $146,000 for aiding and abetting a breach of duty. 

In addition, the court issued a separate judgment for the involuntary dissolution of both charities as well as an order permanently prohibiting the individual defendants from operating or serving on the board of any California charity and from soliciting charitable donations or holding charitable raffles. 

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Attorney General Kamala D. Harris Announces Arrest in Embezzlement Case in Sacramento

July 21, 2016
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Kevin Manz Allegedly Embezzled over $1 Million from Local Charitable Organizations

SACRAMENTO - Attorney General Kamala D. Harris today announced the arrest of Kevin Manz, 59, on felony charges of grand theft for embezzling money from multiple charitable organizations in the Sacramento area. According to the criminal complaint, filed today in Sacramento Superior Court, Manz illegally directed funds from Cathedral Pioneer Church Homes Inc., Cathedral Pioneer Church Homes Foundation, and the Pioneer Foundation to personal bank and business accounts and used the funds for personal expenses such as jewelry and cars.

“Preying on charities that benefit senior citizens is despicable behavior that will not be tolerated,” said Attorney General Harris. “My office will continue to prosecute those who embezzle and misuse charitable funds for personal gain. I thank the California Department of Justice Special Agents for their diligent investigative efforts in this case.” 

Manz is a licensed attorney in Kansas who gained the trust of charity boards and church congregations in the Sacramento area.  He convinced multiple charitable organizations, including foundations that provide housing for seniors, to allow him to manage their financial accounts.  According to the criminal complaint, he then embezzled over $1 million from three charitable organizations.

The arrest came after a 5-month investigation by the California Department of Justice’s Bureau of Investigation and the Tax Recovery and Criminal Enforcement Task Force.  The case will be prosecuted by the Attorney General’s Financial Fraud and Special Prosecutions Section.

A copy of the felony complaint is attached to the online version of this press release at oag.ca.gov/news.

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La procuradora general Kamala D. Harris proporciona consejos a los consumidores sobre cómo hacer donaciones sabiamente esta temporada de festividades

November 30, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

English

SAN FRANCISCO – Dado que se acerca la temporada de festividades y el fin del año fiscal, la procuradora general Kamala D. Harris brindó hoy consejos para los consumidores californianos sobre cómo pueden aprovechar al máximo las donaciones benéficas y evitar fraudes.

En 2014, los estadounidenses donaron más de $350.000 millones a organizaciones benéficas y sin fines de lucro. Este año, muchos californianos querrán ayudar a las personas de bajos recursos o apoyar la causa que más les interese haciendo una donación a una asociación benéfica. Lamentablemente, con tanto dinero en juego, los estafadores continuarán buscando formas de aprovecharse de la generosidad de las personas. La procuradora general Kamala D. Harris ofrece los siguientes consejos para que los californianos puedan asegurarse de que sus donaciones beneficien a causas nobles y no a estafadores.

CONSEJOS PARA DONAR SABIAMENTE

Investigue la organización benéfica

El primer consejo para los consumidores esta temporada de festividades es que investiguen la organización benéfica que están considerando para hacer una donación y se aseguren de que sea legítima y confiable. No deben suponer que las recomendaciones de la organización en Facebook, blogs y otros medios sociales son legítimas.

Las organizaciones privadas de vigilancia han creado estándares de inversión para las organizaciones benéficas y han emitido informes basados en esos estándares. Estos son grandes recursos para que los consumidores utilicen a fin de investigar las organizaciones a las que desean donar. Las siguientes son tres organizaciones de vigilancia: Wise Giving Alliance (www.give.org), el Consejo de la Fundación Better Business Bureaus (www.bbb.org) y el Instituto Estadounidense de Filantropía (www.charitywatch.org).

Para verificar el estado de una organización benéfica, visite http://rct.doj.ca.gov/Verification/. Estos son otros sitios que pueden proporcionar información útil a la hora de verificar el estado de una organización benéfica: www.charitynavigator.org y www.give.org. Si desea obtener información detallada y consejos, consulte la Guía del Procurador General para Donantes sobre Donaciones Benéficas: http://oag.ca.gov/charities/publications.

Si un agente se comunica con usted en nombre de una organización benéfica, pregúntele si trabaja para una recaudadora de fondos comercial y verifique si está registrada en el Registro de Fundaciones Benéficas del Procurador General, ya que, en California, la recaudación de fondos por parte de recaudadores comerciales no registrados es ilegal. Si desea saber cuánto recaudó anteriormente una recaudadora comercial para la causa benéfica, puede consultar los Informes de Recaudadores Comerciales del Procurador General, los cuales ofrecen un resumen anual de los resultados de campañas de recaudación de fondos de beneficencia realizadas en California por recaudadoras con fines de lucro. Las cifras históricas demuestran que una organización benéfica recibe, en promedio, alrededor del 50 % o menos de las contribuciones obtenidas en una campaña de recaudación de fondos realizada por una recaudadora comercial. Las recaudadoras comerciales retienen el remanente en forma de tarifas y reembolso de gastos. Para consultar estas publicaciones, visite: http://oag.ca.gov/charities/publications

Otros consejos útiles para donantes

  • Una excelente forma para que los donantes seleccionen organizaciones benéficas confiables es, primero, ofrecerse como voluntario en una organización benéfica local. Esto ayuda a obtener conocimiento de primera mano sobre los programas que benefician a la comunidad o a la causa que apoya.
  • Tal vez desee que su donación se utilice para un programa o un propósito específicos dentro de una organización benéfica. Si un sitio web tiene un botón para “donar”, verifique si puede designar un propósito específico para su donación. Si no puede hacerlo, comuníquese con la organización benéfica para asegurarse de que la donación se invierta en el fin que usted desee.
  • En caso de que un agente se comunique con usted en nombre de una organización benéfica, pregúntele si trabaja para una recaudadora de fondos comercial, verifique si está inscripta en el Registro de Fundaciones Benéficas del Procurador General y consulte qué porcentaje de las donaciones va directamente al programa de beneficencia y cuánto se invierte en recaudación de fondos y gastos administrativos. Le recomendamos que se comunique directamente con la organización benéfica para realizar una donación segura. Si un agente le asegura que la donación es para la policía, los bomberos u otra agencia de seguridad pública local, verifique directamente con la agencia de orden público para evitar un posible fraude. 
  • Si recibe un correo electrónico o un mensaje de texto en el que se solicite una donación para una organización benéfica, comuníquese directamente con dicha organización y confirme si la solicitud es legítima.
  • De ser posible, realice las donaciones directamente en el sitio web de la organización benéfica. Si realiza una donación mediante cheque, utilice el nombre completo de la organización en lugar de las iniciales o de una abreviatura. No le dé su número de tarjeta de crédito a un agente por teléfono ni lo ofrezca en respuesta a ninguna llamada no solicitada que reciba.
  • Las donaciones benéficas en especies, como alimentos o ropa, ofrecidas directamente a una organización benéfica, pueden ayudar a los estafadores a ocultar compensaciones ejecutivas o costos administrativos exorbitantes si exageran el valor de los bienes en los archivos del Servicio de Rentas Internas (Internal Revenue Service, IRS). Investigue al receptor de las donaciones en especies de la organización benéfica, de la misma manera en que lo haría en el caso de los regalos en efectivo.
  • Tenga cuidado con las solicitudes de donación de automóviles. Por lo general, las donaciones de automóviles entregan montos mínimos a las organizaciones benéficas debido al alto costo de publicidad y otros gastos relacionados con la comercialización de los vehículos para la reventa. Si decide hacer una donación a una recaudadora o a una organización benéfica de donación de automóviles, pídales que le informen sobre cada donación designada a usted y que le proporcionen registros de estas. Llame a la organización benéfica que debía beneficiarse de su donación de automóvil para asegurarse de que la haya recibido.

RECURSOS ADICIONALES PARA CONSUMIDORES

Guía para la Donación Benéfica del Procurador General de California: http://oag.ca.gov/sites/all/files/agweb/pdfs/charities/publications/CharitiesSolicitation.pdf

Los consumidores que consideren que han sido víctimas de fraude de donación benéfica, pueden comunicarse con el Departamento de Justicia a través del siguiente formulario: http://oag.ca.gov/sites/all/files/agweb/pdfs/charities/charitable/ct9.pdf

Attorney General Kamala D. Harris Files Lawsuits Against Two Car Donation Charities for Misrepresenting Charitable Programs and Misdirecting Donations

December 1, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES - Attorney General Kamala D. Harris, along with two local District Attorneys, today filed civil lawsuits against two car donation charities for violating state law by misrepresenting their charitable programs and improperly profiting from ostensibly charitable activities.

In partnership with the Los Angeles County District Attorney’s Office, Attorney General Harris filed suit against People’s Choice Charities; and in partnership with the Ventura County District Attorney’s Office, the Attorney General filed suit against Cars 4 Causes. 

Car donation organizations are 501(c)(3) tax-exempt organizations that solicit car donations (often through extensive advertising), sell the vehicles, deduct all their costs, and then use what is left to fund a charitable program, which they choose or allow the donor to choose.  

“These charities exploited the goodwill of generous donors by misrepresenting their charitable programs, misappropriating donations and accruing excessive administrative costs,” said Attorney General Kamala D. Harris. “These lawsuits hold People’s Choice Charities and Cars 4 Causes accountable for breaking the law and give California consumers greater confidence that their donations go toward the intended charitable cause.”

Los Angeles-based People’s Choice Charities (PCC) claimed that 100% of the net proceeds from the sale of donated cars would go to the donors’ chosen charities. As the lawsuit filed today alleges, 97% of the donations were spent on administrative costs, such as towing and car repairs, and advertising.  PCC claimed that towing was free and that PCC employs experienced staff to repair and sell the cars at minimal cost.  In reality, PCC charges the charities for towing expenses and has no repair staff; instead they pay outside vendors hundreds of thousands of dollars to do this work.  After PCC deducts its numerous and undisclosed expenses, only a tiny fraction of the vehicle’s sale price is forwarded to the donor’s chosen nonprofit.

According to audits conducted by the Attorney General’s office, from 2007 to 2012, PCC reported that it had donated over $700,000 to other nonprofits, while actually only donating $174,000. To increase their inventory, PCC also developed a “cash back” program whereby vehicle donors could receive money in return for their “donation,” effectively transforming a charitable organization into an unlicensed used car dealership in violation of state law.

Ventura-based Cars 4 Causes claimed it “worked smarter” to “get the most money for charity.”  In reality, as the lawsuit filed today alleges, C4C used 87% of its donations to pay for items such as advertising and administrative costs, including staff salaries, while only 13% was directed to actual charities. From 2009-2014, C4C reported that $15.9 million was donated to charity.  In reality, C4C only gave $5.4 million to charity—and many of the charities designated by donors received nothing at all.  During this time, C4C denied many requests from individuals in need seeking a car, including single mothers, college students, and seniors, all while paying thousands towards staff salaries and millions to advertisers.

C4C took money from the very charities it promised donors that it would support.  According to C4C’s own accountings, it misappropriated about $2 million from thousands of charities, including over $600,000 that should have been given to charities serving the sick and providing medical research, $250,000 to children’s and education charities, $100,000 to veterans’ organizations, $230,000 to religious organizations, and $200,000 to charities serving the poor, among others. 

In order to ensure that charitable donations are spent as intended, Attorney General Harris urges donors to donate directly to the organization they want to benefit.  If a car donation organization is used, call the beneficiary organization you designated to confirm that they received your donation.  If they did not, call the car donation organization and demand that they forward your donation.

Attorney General Harris has made it a priority to focus on enforcement of charitable misconduct.  For example, in May of 2015, the California Attorney General jointly filed with state law enforcement partners in every other state in the nation, the District of Columbia, and the Federal Trade Commission, a federal lawsuit against four cancer charities Cancer Fund of America, Children’s Cancer Fund of America, Cancer Support Services and The Breast Cancer Society and their operators, who allegedly scammed more than $187 million from consumers throughout the country.  In the eight-count complaint, the FTC and all the plaintiff states charged the defendants with misrepresenting that contributions would be used for charitable purposes, misrepresenting specific program benefits, misrepresenting revenue and program expenses related to international Gift in Kind, and misrepresenting that the primary focus of their reported programs was to provide direct assistance to individuals in the United States. 

The Attorney General's office today released a report summarizing the results of solicitation campaigns conducted in 2014 by commercial fundraisers in California.  The report is prepared from information contained in the annual financial disclosure reports filed by commercial fundraisers for 2014 and includes statistics for donations of both cash and used personal property (such as clothing and vehicles) for the benefit of charity.  The report shows that thrift stores and car donations provided significantly less donations to charities than other solicitation campaigns.   View the report here: https://oag.ca.gov/sites/all/files/agweb/pdfs/charities/publications/2014cfr/cfr2014.pdf?

Consumers can file a complaint with the Department of Justice by using the following form: http://oag.ca.gov/contact/consumer-complaint-against-business-or-company.

Copies of the complaint are attached to the online version of this release at http://oag.ca.gov/news.

Attorney General Kamala D. Harris Issues Consumer Tips on Donating Wisely this Holiday Season

November 30, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

En Español 

SAN FRANCISCO – With the holiday season and the end of the tax year approaching, Attorney General Kamala D. Harris today issued consumer tips on how Californians can make the most of their charitable giving and avoid scams.

In 2014, Americans gave more than $350 billion to charities and nonprofit organizations. This year, many Californians will look to help the less fortunate or support a favorite cause by donating to a charity. Unfortunately, with so much money in play, scammers will continue to look for ways to prey on people’s generosity. Attorney General Kamala D. Harris offers the following tips for Californians to make sure their charitable giving will benefit worthy causes and not scammers.

TIPS FOR DONATING WISELY

Research the Charity

The number one tip for consumers this holiday season is to research the charity you are considering donating to and make sure it is legitimate and trustworthy. Don’t assume that charity recommendations on Facebook, blogs, or other social media are legitimate.

Private watchdog organizations have created spending standards for charities and issued reports based on those standards. These are great resources for consumers to use in researching your intended charities. Three such organizations are: Wise Giving Alliance (www.give.org), Council of Better Business Bureaus’ Foundation (www.bbb.org), and American Institute of Philanthropy (www.charitywatch.org).

To check the status of a charity, visit http://rct.doj.ca.gov/Verification/. Other sites that can provide helpful information in checking the status of your charity are: www.charitynavigator.org, or www.give.org. For more detailed information and tips, check the Attorney General’s Guide to Charitable Giving for Donors at: http://oag.ca.gov/charities/publications.

If a solicitor contacts you on behalf of a charity, ask if he or she works for a commercial fundraiser, and verify whether that the commercial fundraiser is registered with the Attorney General’s Registry of Charitable Trusts, as it is unlawful for unregistered commercial fundraisers to solicit donors in California. You can also check to see how much a commercial fundraiser raised for the charity in the past by reviewing the Attorney General’s Commercial Fundraising Reports, which summarize by year the results of the charitable solicitation campaigns conducted in California by for-profit fundraisers. Historical figures show that a solicitation campaign conducted by a commercial fundraiser returns to the charity, on average, about 50 percent or less of the contributions received. A commercial fundraiser retains the remainder in the form of fees and expense reimbursements. To check these publications visit: http://oag.ca.gov/charities/publications

Other Helpful Tips for Donors

  • A great way for donors to select worthwhile charities is to first volunteer with a local charity. This helps provide first-hand knowledge about programs that benefit your community or cause.
  • You may want your donation used for a specific program or purpose within a charity. If a website has a “donate” button, check to see if you can designate a specific purpose for your donation. If you can’t, contact the charity to be sure your donation will be spent for the purpose you intend.
  • If a solicitor contacts you on behalf of a charity, ask if he or she works for a commercial fundraiser, whether they are registered with the California Registry of Charitable Trusts, and ask what percentage of donations go directly to the charity for its charitable program and how much is spent on fundraising and administrative expenses. You may prefer to contact the charity directly to make a secure donation. If a solicitor tells you the donation is for your local police, firefighter, or other public safety agency, check directly with the law enforcement agency to avoid a potential scam. 
  • If you receive an e-mail or text message asking for a donation to a charity, contact the charity directly and confirm that the request is legitimate.
  • Make charitable contributions directly on a charity’s website when possible. If donating by check, use the full name of the charity rather than initials or an abbreviation. Do not give your credit card number to a telephone solicitor or in response to any unsolicited phone call you receive.
  • Charitable gifts-in-kind, such as food or clothing given directly to a charity, may help scammers mask exorbitant executive compensation or administrative costs if they falsely inflate the value of the goods in IRS filings. Research the charity recipient of gifts-in-kind, just as you would for cash gifts.
  • Be wary of car donation solicitations. Car donations often result in minimal returns to charities because of the high cost of advertising and other expenses associated with marketing the vehicles for re-sale. If you do decide to donate to a car donation fundraiser or charity, ask that they inform you of, and provide records on, every donation designated to you. Call the charity that was supposed to benefit from your car donation to ensure that they received your donation.

ADDITIONAL CONSUMER RESOURCES

The California Attorney General’s Guide to Charitable Giving: http://oag.ca.gov/sites/all/files/agweb/pdfs/charities/publications/CharitiesSolicitation.pdf

Consumers who believe they are a victim of a charitable giving scam can file a complaint with the Department of Justice by using the following form: http://oag.ca.gov/sites/all/files/agweb/pdfs/charities/charitable/ct9.pdf

Attorney General Kamala D. Harris Applauds New Law to Increase Commercial Charitable Fundraiser Transparency and Accountability

September 21, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO - Attorney General Kamala D. Harris released the following statement today in response to Governor Jerry Brown’s signing of Assembly Bill 556, legislation authored by Assemblymember Jacqui Irwin (D-Thousand Oaks) and sponsored by Attorney General Harris that will help increase consumer confidence in charitable giving.

“I applaud Governor Brown for signing AB 556, our legislation to increase transparency and accountability in charitable fundraising,” said Attorney General Harris. “This law empowers Californians to donate wisely by providing clear information about how charities use their donations. I thank Assemblymember Irwin for introducing the legislation and for her leadership on this important issue.”

AB 556 closes loopholes in disclosure laws for paid commercial fundraising campaigns by modifying the definition of “commercial fundraiser” to include fundraising counsel that use deceptive tricks to evade registration and fundraising transparency requirements. Fundraising campaigns involving these for-profit companies will now have to disclose whether a portion of donor contributions will be directed to the paid fundraiser.  The bill also expands the existing 10-year statute of limitations for charitable enforcement cases to include for-profit fundraising firms and other third parties who engage in misconduct, extending the window of time to investigate and prosecute violations of charitable law by for-profit fundraisers.

“I’m pleased that Governor Brown signed AB 556, a collaborative effort with Attorney General Kamala Harris to increase transparency in charitable donations,” said Assemblymember Irwin. “This bill will support consumer confidence for the more than 70,000 active nonprofit organizations doing great work in California.”

The bill was supported by a diverse coalition of nonprofits operating in California and received unanimous support in both the Assembly and the Senate.

Attorney General Harris’ office recently released a report summarizing the results of charitable solicitation campaigns conducted by commercial fundraisers in 2013, which found that commercial fundraisers collected approximately $361.5 million in charitable contributions in 2013, an increase of $67.2 million over the amount reported in 2012. Read the report here: https://oag.ca.gov/sites/all/files/agweb/pdfs/charities/publications/2013cfr/cfr2013.pdf.

Attorney General Kamala D. Harris and Assemblymember Jacqui Irwin Announce Legislation to Improve Transparency and Accountability for Commercial Charitable Fundraisers

February 24, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO - Today, Attorney General Kamala D. Harris and Assemblymember Jacqui Irwin (D-Thousand Oaks) unveiled legislation aimed at maintaining consumer confidence in charitable giving.  The bill would close a loophole in disclosure requirements for paid commercial fundraising campaigns and include for-profit fundraising firms and other third parties who engage in misconduct in the Attorney General’s 10-year statute of limitations.

“Californians should have complete confidence that the donation they make to a charitable organization will go toward the cause they support, and feel secure knowing their gift won’t be diverted to the pockets of a third-party, for-profit fundraiser,” said Attorney General Harris.  “I thank Assemblymember Irwin for standing with me to increase transparency and empower Californians with the information they need to donate wisely.”

Assembly Bill 556 closes a loophole in existing charitable giving transparency requirements that currently allows third parties to solicit funds from donors without disclosing whether a portion of their gift will be diverted to a paid company by establishing their operations as “fundraising counsel” instead of “commercial fundraisers.”  Attorney General Harris’ office recently released a report summarizing the results of charitable solicitation campaigns conducted by commercial fundraisers in 2013, which reveals the alarming extent to which charitable donations are often diverted to for-profit companies.

For-profit third party fundraisers played a role in a recent charity enforcement case, People v. Help Hospitalized Veterans, where a charitable fraud scheme included directing nearly three-quarters of the gross revenue made to for-profit fundraising campaigns in which the charity’s “fundraising counsel” was not required to disclose in their direct mail pieces that a paid professional fundraiser was profiting from each donation.

In addition, because of a gap in the Government Code’s statute of limitations for charitable misconduct lawsuits, not all parties responsible for the fraud in the Help Hospitalized Veterans case were able to be held accountable.  AB 556 will expand the statute to include enforcement actions against commercial fundraisers, fundraising counsel, and other third party entities that aid and abet the exploitation of charitable assets.  This ten year window is often necessary in such cases, which are complex, fact-intensive, and cover misconduct occurring over an extended period of time.

“As a city councilmember and board member of local nonprofits in Ventura County, I saw the enormous positive impact that charities have on our communities,” said Assemblymember Jacqui Irwin (D-Thousand Oaks). “AB 556 will help keep bad behavior by a few from undermining the confidence that Californians have in the more than 70,000 active nonprofit organizations doing great work in California.  I commend Attorney General Kamala Harris for her work on this issue and look forward to working with her on AB 556.”

In late 2014, a comprehensive report on California’s non-profit sector, Causes Count, was issued by the California Association of Nonprofits (CalNonprofits), a “chamber of commerce” representing 9,200 nonprofits. According to the report, California’s charitable organizations contribute 15 percent — or one-sixth — of California’s Gross State Product.

“California nonprofits are trusted institutions,” said Jan Masaoka, CEO of CalNonprofits. “We support legislation like AB 556 that closes gaps in the law that no legitimate charity needs to exploit to fulfill its mission.  We appreciate that Attorney General Harris and Assemblymember Irwin support the non-profit sector’s role in California as an economic driver, an innovation leader, and a champion for hope and opportunity, always looking toward a better future.”

Legislative text available here.

View the Attorney General’s report on charitable solicitation campaigns conducted by commercial fundraisers here.

Read CalNonprofits’ Causes Count report here.

Assemblymember Irwin’s Website: www.asmdc.org/irwin

Attorney General Kamala D. Harris Encourages Californians to Shop and Donate Wisely This Holiday Season

December 2, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO – Attorney General Kamala D. Harris today issued tips on how Californians can protect themselves from identity theft and make the most of their charitable giving on Giving Tuesday and throughout this holiday season.

Tips for safe shopping:

  • Review your bank and credit card statements frequently for unusual and unfamiliar transactions.
  • In the event of a security breach involving your credit card, monitor your account and contact your bank promptly if you see any suspicious transactions.
  • If the security breach involves your debit card, the best way to protect yourself is to cancel the card immediately and get a replacement with a different number.
  • Try to avoid making purchases in free Wi-Fi hotspots, such as a coffee shop, which can put your passwords and other information at risk.
  • Shop on secure websites. One indicator of a secure website is the presence of a yellow padlock icon in the browser bar. Another indicator is ‘https’ in the web address.
  • Never send sensitive personal or financial information, such as a social security or bank account number, through e-mail. Legitimate companies will not ask you to do so because it is not a secure way to transfer sensitive information.
  • If you are receiving text messages on your cell phone saying you have won a prize or gift card, do not click on the link in the message – it is most likely a scam and may install a virus on your phone.
  • Know the return policies of the retailers you shop with before you leave the store or conclude an online transaction. Many retailers will give you a refund if you have a receipt and your return is prompt, but some may only give store credit. Ask a clerk if the policy is not posted at the register.

Tips for donating wisely:

  • The best way for many donors to select worthwhile charities is to work with a local charity as a volunteer. This helps provide first-hand knowledge about programs that benefit your community.
  • Do your research before giving. Charities operating in California are required to register with the Attorney General’s Registry of Charitable Trusts.  You can review the charity’s purpose and financial records at www.oag.ca.gov/charities.
  • Don’t assume that charity recommendations on Facebook, blogs, or other social media have been vetted. Research the charity yourself.
  • If you are contacted by a solicitor on behalf of a charity, ask if he/she works for a commercial fundraiser and what percentage of donations goes directly to the charity. You may prefer to contact the charity directly to make a donation.
  • Don’t fall for pressure tactics and ask questions before donating. You have the right to reject the appeal and if you feel pressured or threatened, just hang up.
  • If you receive an email or text message asking for a donation to a charity, contact the charity directly and confirm that the request is legitimate.
  • Make charitable contributions directly on a charity's website. If donating by check, use the full name of the charity rather than initials or an abbreviation. Do not give your credit card number to a telephone solicitor or in response to any unsolicited phone call you receive.
  • Protect your identity.  Never give your social security number or other personal information in response to a charitable solicitation.  Never give out credit card information to an organization unfamiliar to you. Look at the charity’s privacy policy and learn who the charity might share your information with before you provide it.

Additional consumer tips, information, and lists of resources are available at: