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1 1 (December 2, 2005)

handle is hein.crs/crsahtg0001 and id is 1 raw text is: Order Code RS21058
Updated December 2, 2005
CRS Report for Congress
Received through the CRS Web
Combating Charitable Fraud: An Overview of
State and Federal Law
Angie A. Welborn
Legislative Attorney
American Law Division
Alison Muhlfeld
Law Clerk
American Law Division
Summary
In the wake of the September 11 attacks and the more recent Hurricane Katrina
disaster, major charitable organizations such as the American Red Cross and the United
Way began raising money for the victims and the victims' families. A number of
smaller, lesser known organizations were also formed to respond to the needs of victims.
There is concern that some of these organizations may not be legitimate charitable
organizations, and that professional fundraisers for other organizations may be engaging
in unfair or deceptive activities. Reports indicate that some organizations claiming to
represent relief workers, including police and fire departments, were not engaged in
legitimate fundraising activities.  Other organizations allegedly failed to use
contributions to aid the victims' families.
This report will provide a brief overview of the regulation of charitable fundraising
and federal and state government efforts to combat charity fraud, including state statutes
requiring the registration of charities and professional fundraisers and statutes
addressing fraudulent solicitations. This report will also discuss a relevant Supreme
Court case and Federal Trade Commission actions against fundraisers under the Federal
Trade Commission Act. The report will be updated as developments warrant.
Regulation of Charitable Fundraising
While the federal government does not directly regulate fundraising for charitable
purposes, actions may be taken against those who engage in deceptive practices or
attempt to defraud consumers through telephone solicitations or prize promotions.
Fundraising activities by charitable organizations may also be regulated at the state level,
usually by the state attorney general.

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