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Question

In New York State, is it a violation of any civil or criminal law for an individual to collect donations for one charity but then give the items donated to another charity without the consent or even the knowledge of the donors? Jane Carol Glendinning XXXXX@XXXXXX.XXX

Submitted: 17 days and 9 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Posted by JB Umphrey 17 days and 2 hours ago.

Info Request

Thank you for using JustAnswer!

 

Are the donors given receipts for their donations?

16 days and 22 hours ago.

Reply

I don't know whether they were given receipts, but they believed their donations were to be distributed through a specific charity, the Orphan Foundation of America.

A friend collected hand-made scarves for the "Red Scarf Project" sponsored by the Orphan Foundation of America described at orphan.org/index.php?id=40
and promoted the Red Scarf Project on a blog that she wrote for a local newspaper, The Times Union.

The owner of a local yarn shop, where my friend gives knitting lessons, actually accepted the donated scarves and took physical possession of more than 40 scarves collected. My friend expected that she and the yarn shop owner would work together to package the scarves and ship them to the Orpha Foundation of America.

Yesterday the yarn shop owner said she had decided to send the scarves to needy children at two local schools, not to the Orphan Foundation, but the individuals who donated the scarves have not been contacted and did not -- and probably would not -- consent to this diversion of their handiwork.

16 days and 21 hours ago.

Reply

Since researching this answer seems to be more complicated than I thought it would be, I'm willing to increase my payment to $30.

Thank you.

Posted by JB Umphrey 16 days and 21 hours ago.

Answer

From the facts you describe, there MAY be some fraud or misrepresentation but I cannot see any moon where there would be a criminal prosecution or a right to recover any damages in a civil suit. Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!

16 days and 21 hours ago.

Reply

What do you think would be my friend's best strategy in trying to persuade the yarn shop owner to "do the right thing" and send the scarves to the Orphan Foundation since the scarves are still in the knit shop owner's possession?

(e.g., my friend might say that she also had a fiduciary obligation to the donors and the intended recipients and that my friend wanted to do everything she could not to breach that obligation,

or my friend might tell the knit shop owner that as part of her effort to mmet her own fiduciary obligation that she would notify the unintended recipients (local schools) of the knit shop owner's malfeasance,

or my friend might tell the knit shop owner that she intended to file a complaint about the knit shop owner with the State Attorney General's office

or my friend might call the police.) Your thoughts?

Posted by JB Umphrey 16 days and 21 hours ago.

Answer

The Attorney General will not care beacuse nothing was diverted for personal use. The items still went to a charity.

16 days and 20 hours ago.

Reply

The individuals who knitted the scarves did so in reliance on representations that the scarves would be distributed to orphans through the OFA's Red Scarf project.

Any other thoughts about actions my friend could take that would help persuade the person with custody of the scarves to send them to their intended recipient?

Thanks.

Accepted Answer

I understand but your friends have suffered no legla damages. If they want to shame, call local TV.

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Expert: JB Umphrey
Pos. Feedback: 97.7 %
Accepts: 
Answered: 11/5/2009

Attorney

Michigan lawyer who explains basic criminal, consumer, and contract-related matters.

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