April 5, 2010


 April 5, 2010
  

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Record Multi-Million Dollar Fine Vs. Telefundraisers

The operators of a New Jersey-based telemarketing organization will pay a record $18.8 million and leave the charitable donation business to settle charges that they violated a Federal Trade Commission (FTC) order by allegedly misleading consumers to believe that they were donating directly to legitimate charities serving police, firefighters, and veterans, when in fact only a small slice of the donations actually went to charities.

The civil penalty against Civic Development Group, LLC; CDG Management LLC; and owners Scott Pasch and David Keezer is the largest ever in an FTC consumer protection case. The case was filed on the FTC’s behalf by the U.S. Department of Justice.

The stipulated final orders are for settlement purposes only and do not constitute an admission by the defendants of a law violation. Stipulated orders have the full force of law when signed by the judge. Pasch and Keezer could not be reached for comment.

According to the complaint, Civic Development Group’s telemarketers allegedly deceived consumers by telling them that they worked directly for the charities they called about, and that “100 percent” of the consumers’ donations would go to the charities.



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Finance …
Fundraising and the corporate suite

The hard clash between good intentions and financial realities can occur at any level, from the personal to the mega-corporate. The success of one, or both, can depend on a smooth meshing of what are often conflicting demands.

Speaking at an Association for Healthcare Philanthropy Annual International Conference, Carla O’Malley of the Oakwood Healthcare system spoke about incorporating philanthropy into a healthcare system’s annual budget process. O’Malley referred to this as learning to work with the “C” Suite, or hospital leadership.

O’Malley acknowledged that there are barriers in communication between the C Suite and the trenches, including the timing of an allocation, system resistance, fundraising policy (including multiple fundraisers or renegades), donor interest or lack thereof, a donor’s timetable and lack of comparative data.

She offered several solutions to those barriers, however. Those solutions are:

  • Chief development officer participation in strategic planning.
  • Becoming a formal part of the system budget process.
  • Engaging key physicians in developing a list of needs.
  • Soliciting involvement and buy-in of leadership in prioritizing requests for their sites or service lines.
  • Communication with leadership and those who have primary involvement with philanthropic-funded programs.
  • Developing consistent reports to constituents regarding funds for their programs.
  • Developing a fund disbursal process.

Management …
7 tenets for sustainability

Only the sustainable will survive. That doesn’t sound quite as catchy as some Motown songs, but as Adam Werbach argues in his book “Strategy for Sustainability,” which is aimed at for-profits but can be applied to the nonprofit sector, companies and organizations have an opportunity to rethink and challenge their own assumptions and the implications for strategy.

To help with that, Werbach offers his seven tenets of a strategy for sustainability.

  • Natural resources will become increasingly scarce and expensive. Many companies continue to operate as if natural resources were cheap, abundant and easily accessible forever.
  • Massive demographic change is occurring. The reality: a potential 3 billion more people on the planet by 2040, mainly where humanity has not achieved a stable standard of living.
  • People are the most important renewable resource. Everyone says it, but what are you doing to care for and develop people.
  • Cash flow matters more than quarterly earnings. Business schools teach it; analysts continue to ignore it.
  • Every organization’s operating environment will change as dramatically in the next three to five years as it has changed in the past five. We are in a period of historic change, in which the pace and scale of these changes dwarf past experience.
  • A chaotic, external world requires internal cohesion and flexibility. To ensure internal flexibility, a strategy must engage every part of the system.
  • Only the truly transparent will survive. Opacity is the enemy of sustainability.

Risk Management …
10 strategies for financing risk responsibly

The good thing about insurance is that it provides, well, insurance. The bad thing about it is that it can lead people to think that nothing can hurt them, but even insurance is no insurance against that (just ask anyone who has ever filed a claim).

Still, insurance is necessary for nonprofits, and in her book “Ready … or Not” Melanie Lockwood Herman offers 10 strategies for financing risk responsibly.

  • You cannot insure everything. Some risks cannot be insured because of their speculative nature or the impossibility of assigning a dollar value to loss.
  • Consider nontraditional, as well as traditional, financing mechanisms. Alternative markets include risk retention groups, risk pools, self-insurance and captive insurance companies.
  • Take responsibility for your risk-finance decisions. Don’t become overly dependent on advisors.
  • Do not delegate the insurance program to the wrong person. It is too important for an entry-level manager.
  • The more you know. Develop a training program to educate yourself.
  • Identify a competent advisor. You will need the services of an insurance professional occasionally.
  • Educate your vendors. Make sure they are clear on your specific operation.
  • Read your insurance policies. An insurance policy is like a contract, and thus should be read and understood.
  • Competition: A good thing. Insurance companies are focusing on niche marketing, targeting certain groups of nonprofits.
  • One for all, all for one. Group programs might offer participants better bargaining power in the marketplace.


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