Charitable Solicitations - Disciplinary Action
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2006
THE GENTLE WIND PROJECT
License Number: UR92000008
License Type: Unlicensed
Complaint Number: 2003-CHA-25
Disposition: Superior Court Consent Decree and Order dated 8/15/06
Summary: The Attorney General entered into a consent decree with The Gentle Wind Project, a Kittery-based charitable organization, and six named defendants (collectively, "GWP") who served as officers or directors for many years. The consent decree resolves violations of the Maine Unfair Trade Practices Act relating to GWP's claims about its so-called "healing instruments," and violations of law relating to the mismanagement of the charity and its funds by those who held positions of fiduciary responsibility.
The "healing instruments" were manufactured and distributed by GWP from designs that allegedly came from the "Spirit World" via telepathic impressions received by the charity's founder, John Miller. GWP claimed that the instruments repair a person's "etheric," or invisible energetic structure, which then improves one's emotional, mental, and even physical functioning. The instruments were sold to consumers via GWP's website and through "seminars" for requested "donations" of often hundreds or thousands of dollars, depending on the design. The research that GWP claimed to have done on the instruments does not support their alleged benefits. The Unfair Trade Practices Act, as interpreted by the Federal Trade Commission and the federal courts, requires that any express or implied health claims be substantiated by objective and reliable scientific evidence. In the absence of such evidence, the claims are deceptive.
The named defendants have agreed to pay $50,000 in civil penalties and investigative costs, and to an injunction that prohibits them from making certain health and research claims about the "healing instruments" or from serving as fiduciaries for any other Maine nonprofit. The parties also agreed that GWP will be dissolved, and its remaining assets distributed by the Attorney General as restitution to consumers who purchased a "healing instrument" since 2003 and to a Maine charity whose charitable mission is to provide services to those with mental health disabilities.
LIGHTHOUSE CREDIT FOUNDATION, INC.
License Number:CO5731
License Type: Charitable Organization
Complaint Number: 2006-CHA-2400
Disposition: Consent Agreement dated 1/9/06
Summary: Licensee did not fully disclose on its registration application all the litigation that was brought against it; misstated its registration status in other states; and engaged in unlicensed practice in Maine because its reported registration status differed from its actual status at the time of its application in Maine. Licensee made no admission of the foregoing other than to acknowledge that it should have made complete disclosures at the time of application, and that in failing to do so, was negligent in its omission of material facts. Licensee agreed to a $10,000 civil penalty.
PUBLIC ADVOCATE, LLC
License Number: PS4027
License Type: Professional Solicitor
Complaint Number: 2005-CHA-030
Disposition: Consent Agreement dated 8/30/06
Summary: Licensee allowed its annual registration as a professional solicitor to lapse upon expiration on November 30, 2004 concurrent with the bonding company's cancellation of the surety bond that professional solicitors are required to maintain. On September 12, 2005, the Office of Licensing and Registration received a complaint from an individual regarding an invoice from American Veterans Coalition in the amount of $30 for a pledge he had made. The invoice identified licensee as its "Paid Professional Fundraiser." The invoice was dated August 31, 2005 and postmarked September 1, 2005. Licensee was not registered to solicit donations from Maine residents in August and September 2005. Licensee acknowledged that it should not have engaged in the conduct of charitable solicitations without first becoming registered in Maine. Licensee agreed to a warning and a $1500 civil penalty.
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2005
NOTHING TO REPORT
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2004
CHILDREN'S WISH FOUNDATION INTERNATIONAL, INC.
License Number: CO990
License Type: Charitable Organization
Complaint Number: CSA-27
Disposition: Consent Agreement dated 3/3/04
Summary: Licensee failed to initially include on its registration renewal application further information or a copy of a 1995 consent agreement with the Commonwealth of Pennsylvania. Information concerning an administrative proceeding in Pennsylvania, dated November 9, 2002, should also have been more fully disclosed as part of the registration renewal application. Licensee agreed to a reprimand for failing to provide full and complete information as part of the registration renewal application, and agreed to reimburse the State of Maine for the cost of the inquiry in the sum of $500.
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2003
NOTHING TO REPORT
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2002
STATE OF MAINE v. AB DATA, LTD.
License Number: PFR2808
License Type: Professional Fund-Raising Counsel
Complaint Number: CSA-15
Disposition: Assurance of Discontinuance dated 5/29/02 [effective date 5/24/02]
Summary: Licensee admitted that it contracted to provide services as a professional fund-raising counsel to various charitable organizations in soliciting contributions from prospective donors in Maine subsequent to the expiration of its Maine registration on November 30, 2000. Licensee agreed to immediately submit a completed application for registration and to pay $10,000 to the Maine Attorney General for attorney fees and other costs of investigation.
STATE OF MAINE v. EAST COAST MARKETING GROUP, INC. and GAYLON BOSHEARS
License Number: PS2243
License Type: Professional Solicitor
Docket Number: CSA-16
Disposition: Amended Consent Decree and Order dated 9/9/02, Kennebec County Superior Court, dkt. no. CV-02-xxx
Summary: No admissions by defendants. Defendants were permanently enjoined from violating the registration, filing and disclosure requirements of the Charitable Solicitations Act. Defendants agreed to file all contracts that they had with each charitable organization for fundraising in Maine during the period December 1, 2001 - April 10, 2002, along with detailed information for each such fundraising campaign. Defendants agreed to various remedial measures relating to future compliance with the Charitable Solicitations Act. Defendants agreed to a $40,000 civil penalty and agreed to pay $10,000 costs and attorney fees.
NOTE: This amended consent agreement was further amended by a Consent Decree & Order dated 1/12/05 in CV-03-302 and by an Order Granting Motion to Dissolve Injunction dated 9/19/05, also in CV-03-302.
STATE OF MAINE v. MAINE VOLUNTEER FIREFIGHTERS FUND, INC., ADVANCE MARKETING CONSULTANTS, INC., ESTEL E. SENN, ETHA A. SENN and ALMA J. SENN.
License Number: CO3293 (Maine Volunteer); PS3514 (Advance)
License Type: Charitable Organization (Maine Volunteer); Professional Solicitor (Advance)
Complaint Number: CSA-17 (Maine Volunteer)
Disposition: Consent Decree and Order dated 10/7/02 (Advance); Consent Decree and Order dated 9/5/02 (Maine Volunteer), Kennebec County Superior Court, dkt. no. CV-02-138
Summary: No admissions by defendants. Defendant Maine Volunteer Firefighters Fund and the individual defendants were permanently enjoined from: (a) engaging in telephone solicitation on behalf of any charitable organization in Maine, (b) telephoning any business or person in Maine for the purpose of requesting any type of contribution on behalf of any firefighting entity or organization, and (c) engaging in other conduct described in the Consent Decree and Order. Maine Volunteer Firefighters Fund and the individual defendants agreed to withdraw a pending application for registration as a Maine charitable organization. Maine Volunteer Firefighters Fund agreed to pay $10,000 for distribution to a Maine firefighting charity to be selected by the Attorney General.
Defendant Advance Marketing Consultants was permanently enjoined from violating the registration, filing and disclosure requirements of the Charitable Solicitations Act. Advanced Marketing Consultants agreed to various remedial measures relating to future compliance with the Charitable Solicitations Act and agreed to a $2500 civil penalty.
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2001
NOTHING TO REPORT
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2000
NOTHING TO REPORT
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Last Updated:
March 14, 2008
