Partner Daniel Kurtz, Chair of Pryor Cashman’s Nonprofit + Tax Exempt Organizations Group, spoke with The Washington Post for an article examining the New York Attorney General’s (“AG’s”) recent determination that the Donald J. Trump Foundation (the “Foundation”) violated state law by soliciting donations from the public without proper authorization.  Kurtz is regarded as a leading expert on the laws concerning charitable giving and nonprofit governance; having formerly served as bureau chief of the Charities Bureau of the AG’s Office.

Via a “notice of violation” sent to the Foundation on September 30, 2016, the AG ordered it to immediately cease all fundraising efforts, after it was revealed that the Foundation failed to register with New York State as a charity soliciting money.  Moreover, the Foundation was ordered to submit all legal paperwork necessary to register as a charity that solicits money, and supply financial audit reports for any years it solicited money without proper authorization.

Speaking with The Washington Post about the AG’s decision to suspend the Foundation’s fundraising activities, Kurtz explained: “You have to register with the attorney general if you’re going to raise money from the public, and they’re not doing it.  So, this would happen to anybody.  I think [the notice] is pretty close to a form letter.”

New York State requires any charity that solicits $25,000 or more per year in New York to register with the attorney general. 

Should the Foundation fail to submit the required materials within 15 days of the notice, it will be considered “a continuing fraud upon the people of New York.”

To read the full Washington Post article, please click here.

Kurtz was interviewed on this topic by several other media outlets, including CBS Radio and The Christian Science Monitor.

More About Kurtz’s Practice

With his diverse background as a corporate lawyer, civil prosecutor and leading governance authority, Kurtz has earned a national reputation for servicing the full range of needs of his nonprofit clients, which include renowned cultural institutions, major universities and private foundations, among many others.

He acts as general counsel or principal outside counsel to many of his clients, advising on corporate and governance issues; sponsorship and charitable fundraising opportunities; endowment administration and investment; indemnification; charitable solicitation laws; as well as an array of tax issues.

He is a board member of the Howard Gilman Foundation, president of the Spingold Foundation, and the founding executive director of New York Lawyers for the Public Interest.

To learn more about his work, please visit here.