Secretary of State Gibbert Hosemann issued the following press release:
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)
10 comments:
When will Hoseman and his counterparts across the country shut down Wounded Warriors, whose two top executive officers were just fired?
Delbert chose Wounded Warriors one holiday season as his charity of choice for the SOS employees to give towards. He picks one every year in lieu of giving gifts. I guess he needs a little more remediation into his own rules and regulations.
How about all of the "charitable" bingo halls in the state? The gaming commission supposedly regulates those --- but just like the casinos is in the pocket of the operators and suppliers and really acts as an enabler of all of the illegal activity in those facilities. In fact, one of their charitable gaming agents (who was allowed to resign rather than being fired) was arrested last summer for felony charges of cultivation of marijuana and possession of marijuana with intent to distribute - tell me he wasn't doing that while he was supposed to be regulating bingo halls??
http://www.wapt.com/news/mississippi/feds-find-pot-in-raid-of-bay-st-louis-seafood-market/33652442
The gaming commission is a joke.
Since it looks like she spent over $18,000 with no records to prove they were spent on the cancer camp, and it looks like she is only having to pay a $2,000 fine, I am so glad she has been exposed and will be publicly humiliated. However, thieves like this usually show no remorse or regret. What a tool.
Check out this story from 2014: http://watchdog.org/177699/bingo-arrests/ Mississippi either; 1. Has the cleanest, most honestly run charitable bingo industry (yeah right), 2. The commission bends easily to political influence and/or looks the other way when there's wrongdoing e.g. theft and fraud, or 3. Just don't give a rat's ass. I'll go with a combination of 2 and 3.
I agree with 7:13, the Gaming Commission seems to be a toothless joke and merely a feel-good window dressing agency and it appears that the Secretary of State is doing their work for them. And if the guy on the gulf coast was selling dope while he was a law enforcement agent, what did the gaming commission know, and when did they know it?
I strongly encourage everyone to use Charity Navigator before giving anything to an organization.
http://www.charitynavigator.org
Betcha he wouldn't have shut it down if it were a autism charity.
{Delbert chose Wounded Warriors one holiday season as his charity of choice for the SOS employees to give towards. He picks one every year in lieu of giving gifts.}
If that is true, that is so outside the bounds of his job responsibilities. First, no elected official has any business addressing, at all, Christmas gifting. Second, no elected official has a right to 'recommend' how Christians (or others) should spend their holiday moneys.
Lastly, Hoseman truly believes the Secretary of State's Office in Mississippi is his own personal little feifdom and playhouse. And it appears he is right.
What if Hosemann would have suggested donations to Catholic Charities? Wouldn't it be great if politicians would just keep their distance from our personal decision making?
There always seems to be ulterior motive, what a great campaign ad that would have made "SoS employees (were shamed into) donated(ing) $XX to the Wounded Warrior Foundation!"
I thought the bluebirds was an old Bell South thing.
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