Mississippi Gulf Coast Bluebird Cancer Retreat
Ocean Springs, MS— On February 29, 2016, the Secretary of State’s Office issued a Cease & Desist Order and Notice of Intent to Revoke Registration and Administratively Dissolve against MS Gulf Coast Bluebird Cancer Retreat (MS Gulf Coast Bluebird),
The Secretary of State’s Office determined several violations by MS Gulf Coast Bluebird. MS Gulf Coast Bluebird failed to produce exam records thus violating Miss. Code Ann. §79-11-519(3)(i). MS Gulf Coast Bluebird failed to notify the Secretary of State’s office within thirty (30) days that it underwent several changes of information thus violating Miss. Code Ann. §79-11-503(5). According to the documents filed with the Secretary of State’s office, MS Gulf Coast Bluebird is an adult cancer camp; however, its expenses include personal expenses, auto expenses, food purchases which appeared to be personal, personal clothing and cash withdrawals with no documentation which violates Miss. Code Ann. §79-11-509(1)(d). Additionally, MS Gulf Coast Bluebird failed to produce any records showing that it conducted any board meetings in 2014 and also failed to produce a copy of an agreement outlining the terms and services for which it owed any payment to Gloria Skillestad, executive director of MS Gulf Coast Bluebird, thus violating Miss. Code Ann. §79-11-525.
In conclusion, MS Gulf Coast Bluebird is ordered to immediately cease and desist soliciting charitable contributions in and from the State of Mississippi. Miss. Code Ann. §79-11-509(4). The Secretary of State’s office has also imposed an administrative penalty of two thousand dollars ($2,000.00). Miss. Code Ann. §79-11-509(4)(c). Further, the Secretary of State’s office will be revoking the registration and administratively dissolving MS Gulf Coast Bluebird. Miss. Code Ann. §79-11-509(1)(e), §79-11-509(4)(b).
It shall be a violation of § 79-11-501 through § 79-11-529 for any person to misrepresent the purpose or beneficiary of a solicitation. Miss. Code Ann. §79-11-519(3)(i).
Every registered organization shall notify the Secretary of State within thirty (30) days of any change in the information required to be furnished by such organization under § 79-11-501 through § 79-11-529. Miss. Code Ann. §79-11-503(5).
The Secretary of State shall deny, suspend or revoke registration or an exemption if charitable contributions have not been or are not being applied for the purpose or purposes stated in the documents filed with the Secretary of State. Miss. Code Ann. §79-11-509(1)(d).
Every person who solicits, collects or expends contributions on behalf of a charitable organization or for a charitable purpose, or who conducts a charitable sales promotion, and every officer, director, trustee or employee of that person who is concerned with the solicitation, collection or expenditure of those contributions shall be considered a fiduciary and as acting in a fiduciary capacity. This section does not supersede or otherwise alter the standard of care or the limitations on the liability of volunteers. Miss. Code Ann. §79-11-525.
Whenever it appears to the Secretary of State that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, he may, in his discretion, seek one or more of the following remedies in addition to other remedies authorized by law:(a) Issue a cease and desist order, with or without a prior hearing against the person or persons engaged in the prohibited activities, directing them to cease and desist from further illegal activity;(b) Administratively dissolve or seek the judicial dissolution of a domestic corporation that is a charitable organization, or revoke the certificate of authority of a foreign corporation that is a charitable organization; or (c) Issue an order imposing an administrative penalty up to a maximum of Twenty-five Thousand Dollars ($25,000.00) for each offense, each violation to be considered as a separate offense in a single proceeding or a series of related proceedings; (d) For the purpose of determining the amount or extent of a sanction, if any, to be imposed under paragraph (b) or (c) of this subsection, the Secretary of State shall consider, among other factors, the frequency, persistence and willfulness of the conduct constituting a violation of this chapter or a rule promulgated thereunder or an order of the Secretary of State, the number of persons adversely affected by the conduct, and the resources of the person committing the violation. Miss. Code Ann. §79-11-509(4).
The Secretary of State shall deny, suspend or revoke a registration or an exemption if the applicant or registrant has violated or failed to comply with any provisions of this chapter or any rule or order thereunder. Miss. Code Ann. §79-11-509(1)(e)