we are constrained in refusing _apparently legitimate advertising _for a nonprofit so long _as they have a certificate or 501(c)(3) statu_s. We are hardly in a position to challenge an IRS decision as to 501(c)(3) status. /Bellows, John// /// If, Vice-Director Famiglio is correct and Junior High School 22 NO LONGER EXISTS and worse, may have been closed "/a long time ago/", then the ad is fraudulent on its face, as it purports to be raising money for a non-existent club in a non-existent school. If the school does not exist, there is nothing "/apparently legitimate/" about the ad. If fraudulent, the fraudulent conduct implicates Federal mail and wire fraud statues and certainly the penal code of the State of New York. If the ARRL — previously careless and in non-compliance with its own requirements to vet its advertisers — is now aware the ad is, or may be, fraudulent and it continues to accept the ad and the filthy lucre derived from it, knowing it to be fraudulent or without conclusively confirming it is not, then the League has become a knowing participant/co-conspirator in a multi-state fraud. I know of no better way to remove a sitting President, a CEO and the head of advertising for the League than to have all three indicted for felony fraud. "We are hardly in a position to challenge an IRS decision as to 501(c)(3) status" — the issue raised by Director Rehman, _*never*_ was about questioning the existence or non-existence of an advertiser's 501(c)(3) status —the issue was always about fraud. This is no longer patty-cake. Competent, retained CT counsel, needs to investigate and report to the President, CEO and Board. Let me make this more serious. IF, IF the ARRL determines the current ad is fraudulent and the League has been accepting ads in the furtherance of a fraud for — ????, years perhaps — the League MUST determine whether it has an obligation under thelaw to report its findings to the appropriate authorities. This decision cannot be made by white-shoe, deep rug, CT corporate lawyers. This is a matter on which the League must seek the advice of competent white collar criminal defense lawyers. If they advise, assuming further investigation reveals/confirms, that the ads are fraudulent activity, or implicate fraudulent activity, that the ARRL has no obligation under Federal, CT or NY law to report its findings, so be it. If they findand advise that the League is compelled, or well advised, to report its findings to the appropriate authorities, then the League will need to do so. This is not a game, it is not about advertising dollars (/good grief, Charlie Brown/) and we are not members of the Board of a ham club or a sorority. We are members of the Board of a CT Corporation and we and the Corporation are bound by the laws of this land. We must govern ourselves accordingly. 73 *-----------------------------------------------------* ** John Robert Stratton N5AUS Office telephone: 512-445-6262 Cell: 512-426-2028 PO Box 2232 Austin, Texas 78768-2232 *-----------------------------------------------------* On 10/24/16 3:24 PM, Doug Rehman wrote:
http://www.arrl.org/advertising-opportunities#Acceptance_Policy
*Advertising Acceptance Policy*
In common with other periodicals that obtain a portion of their financial support from the sale of advertising space,*/QST/*, the official membership journal of the American Radio Relay League, has found it necessary to adopt certain policies and establish certain standards to which products and services advertised must comply. These policies were established to protect the ARRL member from companies that offer unsatisfactory products, *_deal dishonestly or unfairly, and/or misrepresent their products and obligations._*
The ARRL Advertising Acceptance Policy has also been beneficial to the advertisers in*/QST/*. The Amateur Radio community has used the Advertising Acceptance Policy as an endorsement of the products and services advertised. Since Amateur Radio technology is constantly changing and developing, the Advertising Acceptance Policy helps in building confidence in the Amateur Radio consumer before a purchase decision.
Implying that donations support an actual radio club if there is not one is dishonest and a misrepresentation.
Note that the callsign used in advertising is WB2JKJ, the head of the charity, not an actual club callsign. All of the legit school radio clubs I personally know about have their own callsign, especially a 3-decade old club.
By publishing his ads in QST, there is an appearance of legitimacy to our members. A simple inquiry to determine if the charity appears to be more than a personal income generator would have taken less time than has been devoted to this thread…
I would also very much like the answer to this question in my original post:
3.Are the ads being discounted?
Doug
K4AC
*From:*arrl-odv [mailto:arrl-odv-bounces@reflector.arrl.org] *On Behalf Of *John Bellows *Sent:* Monday, October 24, 2016 3:41 PM *To:* Bob Famiglio, K3RF <RBFamiglio@Verizon.net>; arrl-odv@arrl.org *Subject:* [arrl-odv:25879] Re: Radio Club of JHS 22
Apparently RCA did not feel the matter required further action.
The summary of the Radio Club of JHS 22 NYC IRS 990n for 2014 as found on the Guidestar webpage reflects no income and no assets. While that is of concern it seems to me that we are constrained in refusing apparently legitimate advertising for a nonprofit so long as they have a certificate or 501(c)(3) status.
We are hardly in a position to challenge an IRS decision as to 501(c)(3) status. On the other hand if someone feels the Radio Club of JHS 22 does not deserve that status or is violating the rules he or she should feel free to raise that issue with the IRS.
This comes down to raising the issue with the appropriate party.
73,
Jay, K0QB
Sent from my iPad
On Oct 24, 2016, at 1:54 PM, Bob Famiglio, K3RF <RBFamiglio@Verizon.net <mailto:RBFamiglio@Verizon.net>> wrote:
At the Radio Club of America, when I was counsel to the club the board determined some time ago that the concerns raised here were accurate. The equipment appears to be sold only to pay the administrative costs of the Radio Club of JHS22. That school was actually closed long ago. Most of (or all) the income is used for the administrative costs (salary) of the principal of the organization. More information on the RCA position might be available from our RCA Teacher of the Year award recipient, Carrol Perry, who is sure it is a bogus charity. What we do with this information is a business decision. RCA decided to not do business with that “charity”.
*Bob Famiglio, K3RF*
*Vice Director, ARRL Atlantic Division*
610-359-7300
www.QRZ.com/db/K3RF <http://www.QRZ.com/db/K3RF>
*From:*arrl-odv [mailto:arrl-odv-bounces@reflector.arrl.org] *On Behalf Of *N2COP *Sent:* Monday, October 24, 2016 1:42 PM *To:* arrl-odv@reflector.arrl.org <mailto:arrl-odv@reflector.arrl.org> *Subject:* [arrl-odv:25877] Re: Radio Club of JHS 22
As a IRS qualified 501[c](3) non-profit, The Radio Club of JHS22 NYC Inc must make its annual IRS 990 filing available on demand. I just checked charity analysis website www.guidestar.org <http://www.guidestar.org>, and the report for JHS22 shows no 990-form available. This doesn’t mean one wasn’t filed; it just means it’s not available conveniently on Guidestar. By contrast, the last three years of ARRL’s 990 forms are available on Guidestar.
The 990 form shows the efficiency of a non-profit by revealing what percentage of donations goes for administration vs. actual deployment on behalf of beneficiaries of the non-profit’s mission. Recommend that the right person obtain and analyze the last three annual 990 filings. JHS22 is showing as active with the New York Secretary of State’s Non-Profit Corporate filings division.
73 de Bill, N2COP
Bill Morine - N2COP
Vice Director – Roanoke Division
/Serving ARRL members in the Virginia, West Virginia, South Carolina and North Carolina sections/
ARRL – The National Association for Amateur Radio™
*From:*arrl-odv [mailto:arrl-odv-bounces@reflector.arrl.org] *On Behalf Of *John Robert Stratton *Sent:* Monday, October 24, 2016 12:46 PM *To:* arrl-odv@reflector.arrl.org <mailto:arrl-odv@reflector.arrl.org> *Subject:* [arrl-odv:25873] Re: Radio Club of JHS 22
Simple.
Our members and a Director have raised questions as to whether we are unwittingly participating in a scam.
A polite inquiry into the "status and health" of a junior high school club is NOT "an investigation into a NY charity". If the suggested inquiries raise no concern, then no harm, no foul. If on the other hand, the answers are inconsistent with the existence of a JHS 22 Club or that Club being supported by a 501(c)(3), then competent inquiries need to be made. As Doug said, we represent that we "vet" our advertisers. If that statement is true, then we need, in order to protect the League, make the necessary inquiries.
If the responses set off alarm bells, then the League will have make a decision regarding accepting future advertisements from WB2JKJ. There was and is not a suggestion that "we" investigate a "NY charity". We have a clear obligation to protect the League and our members.
If an investigation by Federal, NY or other authorities is warranted, that is not the ARRL's business.
73
*-----------------------------------------------------*
John Robert Stratton
N5AUS
Office telephone: 512-445-6262 Cell: 512-426-2028 PO Box 2232 Austin, Texas 78768-2232
*-----------------------------------------------------*
On 10/24/16 11:33 AM, Christopher Imlay wrote:
Why is ARRL the proper entity to do an investigation of a New York charity?
73, Chris W3KD
On Mon, Oct 24, 2016 at 12:29 PM, JRS <jrs@hamradio.us.com <mailto:jrs@hamradio.us.com>> wrote:
Doug, Tom, Rick
Someone from HQ should contact the administration of JHS 22 to obtain more information about the "club" — how long it has been active, number of members, administrative sponsor, source(s) of support/funding, etc.
If there is no club or WB2JKJ has no contact/relationship with an existing club, then the matter should be turned over to competent CT counsel for further investigation.
If the worst allegations about/against WB2JKL and The Radio Club of JHS 22 are or appear to be true, the ARRL needs to be very careful as the falsity of the fundraising effort would implicate Federal and state laws regarding fraud, mail fraud and wire fraud.
If the inquiries/investigation proves there is no basis for concern, then the League will have done its due diligence and will have a safe harbor if anyone were to bring a complaint against the League.
73
*-----------------------------------------------------*
John Robert Stratton
N5AUS
Office telephone: 512-445-6262 <tel:512-445-6262> Cell: 512-426-2028 <tel:512-426-2028> PO Box 2232 Austin, Texas 78768-2232
*-----------------------------------------------------*
On 10/24/16 11:03 AM, Doug Rehman wrote:
A member has complained to me about The Radio Club of JHS 22 NYC Inc which has been a QST advertiser for a very long time. Their half-page ad is on page 124 of the November issue.
The allegations are that there isn’t actually a radio club at JHS 22; the founder, WB2JKJ, is said to have been a teacher at that school decades ago. The allegations continue that when asked, WB2JKJ will not divulge where the money is actually going.
Here is a multi-year eHam.net <http://eHam.net> thread: http://www.eham.net/ehamforum/smf/index.php?topic=75401.0
A couple questions:
1.What vetting has been done, and how recently, to determine if this is currently a legit charity or basically a self-serving scam? (I.E. what percentage of donations go to “administrative expenses” versus to actually helping students?)
2.Do we know if there is actually a radio club at JHS 22 in NYC? If not, the ads are deceptive as everyone I’ve asked believes there is an actual active radio club at that school that is being supported by the proceeds.
3.Are the ads being discounted?
Doug
K4AC
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