Legal Question in Telecomm Law in New York
Mail fraud?
As a result of Sept 11 a national organization on
nationally syndicated TV raised $5.4million. They
quite clearly stated all money would go equally to
4 different organizations and that donors could
specify a specific organization. The inference
being such funds would not be part of the
allocation.
All funds would go through a nationally known
NPO who would then distribute the $.
Subsequently, the nationally known NPO refuses
to pass on specific allocated money and also
places increasing restrictions and requirements
on the other recipients making it almost
impossible to get the money. They have gone
from being a funnelling organization to one that
institutes such stringent controls that little to no
money is distributed and they therefore get the
use of it.
Any funds not used by a deadline set by them will
revert into their general fund.
It smells highly unethicalk and fraudulent, but is
there mail fraud involved?
1 Answer from Attorneys
Re: Mail fraud?
In order to evaluate whether fraud, and, in particular, mail fraud, has occurred, one must examine with particularity the false representations allegedly made. Thus, we would need exact quotes of the representations made by the organization regarding use, timing and distribution of funds, including whether there was anything in writing or a transcription of the television broadcast. Only then can one measure whether the organization complied with what it said it would do and, if it did not do so with the intent to deceive (or in reckless disregard for the truth), and if you and others relied upon such statements and suffered damages therefrom, you may have a cause of action (assuming the mails or telephone lines were used).
Anyway, the first step is evaluating with particularity the representations made.
-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]
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