How to Help the Attorney General Handle a Complaint?
Summary:
An Assistant Attorney General offers advice on how to seek help when there appear to be abuses of nonprofit status.
Answer:
Dave Horn, an Assistant Attorney General in the Consumer Protection Division of the Office of the Attorney General for Washington State -- http://www.wa.gov/ago/consumer/ -- wrote to cyber-accountability -- see http://charitychannel.com/forums/cyb-acc/ -- on March 26, 1999:
All of us appreciate it when members of the public bring
suspicious or unlawful activity to our attention. If you do so, here are
some tips for making your complaint effective:
- Provide the most specific information possible: Who,
what, where, when, and how. Keep the expressions of opinion to a minimum or
put them in a separate document.
- Provide names, addresses and telephone numbers, if you
have them, for individuals and organizations about whom you are complaining,
or who may have knowledge of the violations. If your nonprofit receives
calls from citizens who are being solicited by a copycat organization (one
that is pretending to be your group), remember to get their names and phone
numbers so law enforcement officials can call them back. No case can be
brought without witnesses.
- Put your complaint in writing. Make it succinct. Begin
with a summary: "I am aware of a fundraising campaign which claims funds
support the XYZ program, but they don't." Follow with some details. If it
is complicated, include a chronology. Offer to provide other information if
needed.
- Attach copies of any pertinent documents.
- Be as specific as you can be about the conduct you
regard as illegal or wrong.
- Identify yourself. If you have a very good reason not
to identify yourself, at least provide names of persons who can corroborate
your story or documents that help substantiate it.
- Be patient. Most enforcement and regulatory offices are
short-staffed, but want to help you as well as they can. Most will at least
contact the organization complained of to obtain their response to the
allegations (unless it is the rare kind of matter best investigated first by
other means). This can take a little time.
- I disagree with those on this listserve who have urged that you threaten to
publicly embarass the agency whose help you are seeking. Such threats are quite common these days
and are just as commonly ignored. If the complaint has merit, and the
agency has sufficient resources, it will be pursued. If it does not have
merit, no agency is going to push aside pressing work just because someone
has threatened to make them look bad.
I hope this is helpful.
Dave Horn, AAG
State of Washington
Speaking for himself and not necessarily the attorney general of
Washington.
