08-07-2020, 12:05 PM
(08-07-2020, 07:39 AM)Belsnickel Wrote: I saw the use of the Trump Foundation as primarily pointing out a case of a NY based non-profit that faced dissolution for fraudulent activities in recent history that is well known. That is the main similarity in this instance and it is a valid one to bring it up.
I will say, after reading some of the filing, I found the statutory language that gives the NY AG this authority.
Here is the filing for anyone interested: https://ag.ny.gov/sites/default/files/summons_and_complaint_1.pdf
Here is Article 7 of the NY Not-for-Profit Corporation Law (N-PCL), section 1101: https://codes.findlaw.com/ny/notforprofit-corporation-law/npc-sect-1101.html
So what it looks like is that NY law allows the AG to dissolve a corporation if it is engaged in fraudulent activity. I guess what I find problematic about this is that a corporation is a separate entity from its management. So I have to say that the NYAG's actions are appropriate under NY law, I don't know how much I actually like that law. I think that power is a little too broad.
Thank you for the research. You're now officially a better reporter than most paid journalists.
I didn't ever doubt she had the legal authority to make such an attempt, I questioned her reasons for making the attempt. I think we both agree on this, that such activity by some in management does not justify dissolution of the whole organization. It's a terrible look for her and honestly I think it's more about headline grabbing. I think this move will backfire though, as it looks, correctly IMO, like she's trying to eliminate the NRA for political reasons and she's using the corruption of some in upoer management to justify it.
