North American Scene: Tainted Funds Must Be Returned August 15, 1994
Seven charities that received contributions from a donor now serving a 12-year prison term for mail fraud have been ordered to return more than $500,000 they spent years ago. Chicago commodities trader Michael S. Douglas gave away more than $2 million to 16 charitable organizations between 1987 and 1989. Unknown to the organizations until later, Douglas had been making illegal diversions and was insolvent.
In 1990, court-appointed receiver Steven Scholes began attempting to recover the money owed to Douglas's investors and creditors (CT, Sept. 16, 1991, p. 62).
Nine of the charities have settled out of court. But in June, Federal Judge James Alesia of Chicago ruled that the remaining seven charities must pay because they received a "fraudulent conveyance."
On July 15, attorney Timothy Klenk, representing six of the charities, filed an appeal.
"If the appeal fails, charities will never know when they will have to give back money that has been given to them, and in most cases, already spent," Klenk says.
Those ordered to pay judgments include African Enterprise of Monrovia, California, $166,000; International Students, Inc. (ISI) of Colorado Springs, $120,450; and Proclamation International of Pensacola, Florida, $51,228.
"It's devastating," says Andrew Lay, administrative director of African Enterprise. "We sent the money to Africa, and we don't have a lot of other assets."
For Proclamation International, the ruling is especially bitter because the organization acted as a conduit to deliver Douglas's designated gifts to a ministry in Uganda. Proclamation International received only $4,000 and now is contemplating either filing for bankruptcy or dissolving and starting a new organization.
Don Dunkerley, executive director of the group, ...
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