Читать книгу The Law of Fundraising - Bruce R. Hopkins - Страница 90

The means of enforcing a state charitable solicitation act are plentiful. The principal enforcement mechanisms, which come into play upon the occurrence of one or more violations of the act, are the following: authorization of the revocation, cancellation, or denial of a registration; authorization of an investigation by the appropriate governmental officials; authorization of injunctive proceedings; authorization of the levying of fines and other penalties; and authorization of the imposition of criminal penalties (including imprisonment). Many states characterize violations of these statutes as misdemeanors, with specific penalties referenced elsewhere in the state's code of laws. One state mandates loss of tax-exempt status as a sanction, while some states affirmatively recognize private actions.

In some states, a violation of the state's charitable solicitation act simultaneously constitutes a violation of the state's unfair trade practices or deceptive practices law.

In all of the jurisdictions, a person may be found to have committed a fraud against the public, in the setting of the solicitation of charitable gifts.⁷⁶