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March 10, 2007

Operation Military Pride Founder Told to Stop Accepting Money, Pay Back $310,000

by Joe Katzman at March 10, 2007 12:40 AM

Operation Military Pride is an umbrella organization that claims to coordinate messages and care packages, and provide assistance to others who wish to do so. There's a lot of "get your own volunteer thing started in your area" on the site, plus good info. for people re: what to send, what not to, how to send it (without involving OMP in the sending). Some of you may have heard of it, and I included it in my "How to Support the Troops" compilation way back when.

At the time, I said: "Note that OMP do not appear to be a registered charity, but they are listed on the U.S. Department of Defense America Supports You site and I receive their e-newsletter."

OMP were recently the subject of an injunction from the Illinois courts (Case Number: 2006CH0114 Filed: January 04, 2006), and were ordered to pay back nearly $310,000. They were also ordered to stop accepting funds, which is surely justified in this case.

What happened here? The founder says she was an ordinary person trying to do a good deed, and some folks have written in on other web sites to say she did what she said (matched them with serving personnel) and their materials were received and acknowledged. But she triggered an Attorney-General's investigation in Illinois that basically accused her of fraud, then lost her case in court. There are some worthwhile lessons here about causes and giving - read and decide:

The Case

First, here's the Illinois Attorney-General's filing. Here's the core of it:

"The Complaint alleges that the Defendant has violated the statutes in question by failing to register with the Illinois Attorney General as a charitable organization, and by failing to file financial reports concerning the contributions received and the use of the funds collected.

The Complaint seeks an accounting of all assets, receipts, expenses, and disbursements from all funds raised, collected or promised as a result of the Defendant's charitable solicitations, injunctive relief against the Defendant engaging in any further solicitations or transferring or spending any funds or assets from past solicitations without court approval. The Complaint also seeks recovery of any charitable funds found to have been misused or wasted or which the Defendant is unable to account for.

The Complaint seeks recovery of at least $296,952, as well as civil punitive damages and civil penalty fines of $50,000, as well as payment of the costs of the investigation and prosecution of the case."

OMP's founder, per the recent Chicago Tribune story:

Operation Military Pride began in 1995 as a newsletter for military wives, according to [Arlyn] McClaughry, who said her husband served in both the Marines and the Army. When he was sent to Kuwait in 2000, McClaughry said, the group began sending care packages.... . "We never claimed to be a charity.... I didn't realize we were a charity in the eyes of the law. It was just a bunch of people doing a good deed."

McClaughry disputed that her organization ever collected $310,000. The figure includes money from personal bank accounts never connected to Operation Military Pride, she said.

But she would not say how much she did collect to put together care packages that included such things as DVDs, books and toiletries. She said she ran out of money to pay for a lawyer, and miscommunication about court dates hampered her ability to prove her case.

The internet's direct support for the front lines meets legal requirements, and people with more enthusiasm than knowledge get in trouble. Plausible story, except... not saying how much she did collect, even now: that's either very incompetent or very fishy. The prosecutor's side of the case, which she lost:

"Arlyn McClaughry was sued by the Illinois attorney general's office in January 2006, whose lawsuit demanded that she prove where the money she had collected had gone. When proof was not provided, a Cook County circuit judge entered a judgment of $310,586 against her on Feb. 21, 2007 and forbade her from collecting any more charitable contributions.

[Therese Harris, chief of the state's Charitable Trust Bureau] said McClaughry had more than enough time to submit proof that the money was spent on care packages or other charitable purposes."

It sounds like she didn't produce any books because she didn't have any... though you'd think the first thing a lawyer would tell her would be to sit down with a bookkeeper/accountant pronto, and get that organized. Maybe her lawyer did. Paypal has pretty good records to track contributions, and bank statements and paper records could be put together for the 6 years she operated. At a cost, certainly, but I guarantee that it's a LOT less than $300,000. A normal person should have been motivated, and detailed, and up front.

Stop the World! ran a story on this back in August 2006, but I didn't find out until I ran a Google search on the case number. The comments have some copied court documents, some who say they were OMP members and repeatedly solicited for funds to no clear purpose, and some commenters who said they were matched up with service members as promised and their packages were successfully and gratefully received.

What Happened Here?

Without access to the pre-trial discovery proceedings, this is just conjecture. But let's start with the kindest interpretation:

I suppose it's barely possible that McClaughry started as an amateur, and just kept doing it without realizing the mess she was creating. There are aspects of this which suggest a less than organized person who is fine at sending emails and adding content to a web site but otherwise in way above her head. In the best-case scenario, she thought she was doing a good thing, decided to solicit donations to support her in her "job," wasn't really competent to do it, hence didn't do it properly, and violated both the trust of some contributors and the law.

I'm being maximally kind in the above assessment, of course.

If that's the truth of it, Arlyn McClaughry has now paid by losing most of her wealth, as well as whatever was collected. Liens and collection letters, and very possibly bankruptcy, are about to follow. That's unpleasant, to say the least. Then again, if the accusation amounts more or less to fraud and you're being asked to trace over $300,000, failure to provide solid records in your defence amounts to building your own bed of nails to sleep on. The judge really has no alternative but to do exactly what was done here.

Worst case? It was deliberate fraud, playing on the sympathies of the public to collect a tidy sum of cash while the nation is at war.

The judgment is in, and she has been punished - albeit in an injunctive trial, not a criminal fraud trial. The court seems to have taken a rather dim view, which certainly predisposes me toward the belief that there's more going on here than just ditziness. Then again, some may say that unless you had access to the court evidence, how can you know?

Which is, of course, the problem with unregistered organizations. Barring a court case and evidence, it's always hard to really know what's going on. And even ditziness to that level is plenty bad enough.

Moral of the story - if it isn't a registered charity, 501c3, et. al., be cautious about giving unless the folks organizing it are people you know. The organization you come across may just be folks trying to do a good thing, and hey, the world needs more of that. On the other hand, if they aren't subject to rules that force them to have audited books and abide by relevant rules, how would you know whether they were on the up and up?


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Comments
#1 from Robin Roberts at 4:16 am on Mar 10, 2007

It is as you state rather difficult to tell from that story whether or not the issue is one of incompetence or criminality. If I was to guess, I'd suspect a bit of both.

#2 from Robohobo at 5:26 am on Mar 10, 2007

Joe - I have a feeling this one smells a bit. What is the Ill AG going to do with the money? Return it to the givers? I think that is a good and fair question.

I sense this is a move to use the legal system to penalize someone trying to do a bit of good that the AG and other political powers-that-be do not want good being done for. There is no mention of criminal charges being files against this org. Why not? If there was a crime there should be crminal charges.

Or is this a case of "...failing to register with the Illinois Attorney General as a charitable organization..." being used as a political lever? I sense this is a case of an overzealous AG manipulating the legal system to silence an effort out of his control and possibly that he does not approve of.

Or am I totally off base here?

The Hobo

#3 from Joe Katzman at 7:18 am on Mar 10, 2007

No, Hobo, it's possible that you're right. Which is why I laid it out this way. But even being as generous as possible to OMP's founder, she's either incompetent to an amazing degree or misrepresented what OMP did. Not excusable.

#4 from andrewdb at 5:54 pm on Mar 10, 2007

Note that civil judgements for fraud are not dischargable in bankruptcy.

#5 from Joe Katzman at 7:28 pm on Mar 10, 2007

Interesting point. Does the injunction qualify legally as a civil judgment for fraud? Bueller? Anyone?

#6 from PD Shaw at 11:06 pm on Mar 10, 2007

Fraud, injunctions, civil penalties . . .

What are things that can’t be discharged in bankruptcy?

Although there are court decisions that indicate that an injunction that essentially only compels someone to pay money is dischargeable.

#7 from PD Shaw at 12:10 am on Mar 11, 2007

From reviewing the docket sheet, it looks like she was represented by counsel and there was regular activity for about 10 months until the attorney withdrew in November with the court’s permission. He probably wasn’t getting paid.

When the attorney withdrew, the court ordered her to appear at a progress hearing on January 5. The reason for the hearing might have been to determine whether she was representing herself or had new counsel. On January 5, a progress hearing was scheduled for January 19. My guess is she didn’t attend the January 5 hearing. She certainly didn’t attend the January 19 hearing since she was found in default.

The effect of the default was a legal admission to all the allegations of the State’s complaint, but the State still had to prove up the monetary portion. She could still have got the default lifted. On February 21, the State proved up the monetary amount with exhibits. It would have been one-sided proceeding,* but there would have been something to make the court feel comfortable that the State wasn’t simply making up numbers.

She probably still has time to get the default judgment lifted and still time to appeal.

Nothing looked unusual to me.

  • The kind of proceeding in which Saddam was found responsible in abstentia for 9/11.
#8 from Bobbie at 6:28 am on Mar 13, 2007

This is too bad. I have requested to adopted several soldiers from OMP and always received legit names and addresses. I am also a member of their forum, which helps out soldiers in need. She does a lot of good for the troops.

Bobbie

#9 from Kim at 1:12 pm on Mar 13, 2007

As a military supporter I find this worthy of reading. I used to be a member there, until they banned a woman in the group for asking a money question years ago. I wondered what happened to them but I moved on.

I do not find them on the DoD America Supports You site as mentioned above. I see one similar to it but not them. Must be a reason for them not being there.

The Chicago Tribune article was gentle with what they said. My suspicions raise when the article said she stated a miscommunication of court dates. If I was the reporter I would point out the dates and times are listed on the county clerks website and if she wanted to know it she could have looked as anyone interested or involved with them could for that case or any other with case number. And to not show up for your own court date? That makes me wonder too. No miscommunication, just failure to show and fight a losing battle.

I would doubt the AG would file anything without having given opportunity to register and become legit. No political gain by a suit like this. Look at the state website. Would have been far cheaper to register than fight in court. Why not account for funds? Why ban someone for asking something about money?

The Chicago Tribune article also states they got DVD's and more donated or sent. I would love to know how, or if, they really did since the few places I have asked for items to send to soldiers have all asked for a tax exempt number and could not donate because they were not allowed to write it off as a donation for the company without a number. If epople sign up and get their own soldier to write to then I think there is no need to fundraise for an organization whose volunteers are the REAL ones doing the work.

I had no idea this all was happening until recently but it is nice to know someone is going to make accountable the people that cast a shadow on the legit organizations trying so hard to survive.

For the poster above: Are you the Bobbie that sells on ebay or links to them from some website you sell stuff at and give them some money from what you receive? Is that aiding them in illegal fundraising? Did they claim it on personal imcome taxes if they were not registered?

#10 from ValleyFever at 3:35 am on Mar 23, 2007

This woman has a long history of "forgetting", "misunderstanding", or exhibiting "I-didn't-know" behavior. EVERYONE should look further back into her history and the history of her organization. I suggest looking into AZ. (Kim....I think you may remember me from the old boards.)

#11 from D.D. at 4:33 am on Apr 08, 2007

I was also a member for awhile. She did infact ban a few members for asking questions about where the money goes and if she was registered. I left the group when it seemed they were more interested in getting money and the begging didn't stop. I certainly don't think she acted alone in this.

#12 from Roberta at 7:56 pm on Aug 29, 2007

OMG, I am currently in shock and I don't know what to say. I have known Arlyn since 1994 dealing with Military City Online where we both hosted on AOL in a chatroom. I met her in WA in person that year as well, and knew her prior to her beginning Operation Military Pride. When it started up, it's as she said it was, friends; family; and those who care; sending care packages; emails; and letters/cards, etc. to our Servicemen and woman across the Country and in other Countries. I supported that wholeheartedly. At that time, she checked out with the State of WA completely and everything was ligit. After checking it out, I then started supporting financially from my webstore with a portion of my sales (and from Ebay) going to OMP to help with sending packages and maintaining the boards for OMP members to chat and help organize things. OMG, I just can't believe this. I am so upset right now that I don't even know what to do. I have contributed so much money to OMP since it began in 1995 (and I have my receipts for it) and I'm in shock thinking that it was hard-earned money of mine, that appears to have possibly been spent not where it was intended to have been spent. :( I'm sorry if I'm not making sense, I do that when I'm upset and confused.

Joe, I thank you for posting this and bringing it to our attention.

I don't know what to say, I NEVER would have thought this was possible with Arlyn. Our Nephew was in Iraq twice and he was adopted by OMP folks and he received a bunch of cards/letters/postcards/packages, etc. One of our Sons is Navy and when he was on deployment last year (and now there again) he received many packages from OMP members. I personally adopted several Military personnel and they all received my packages/letters/cards/emails and communicated back. I still feel that part of things (OMP) is ligit, and I hope that I'm not wrong. However, regarding the financial part of things, how can I feel that is ligit now with what has happened??

WOW. Why?????????????

#13 from Sgtsgirl at 5:59 pm on Sep 12, 2007

I worked with this group on a few occations being a military spouse. I also knew the founder Arlyn prior to working with her group. I watched first had the mis use of donated funds. Hundreds of dollars donated at a 4th of July event. I questioned how the cash was tracked since I have worked with non profits before. She always said it would be done at her home later. I watched funds taken out of the donation boxes and given to her children to go get something to eat at the consession stands when she noticed me watching she said she would give the money back later. I watched her and her husband count the funds later but never heard or watched it be deposited. I told my husband that I could no longer be affiliated with them in any way including frendship and even sent a letter to all the base commanders in my state with my concerns. This is not a case of oops I had no idea I am trying to do good for the troops this is what it is. It may not have started out as a way to make money and pay her bills. But it definatly ended up that way and it is a shame that people trusted and believed what they were doing. I am sure men and women received care packages from this group. I question how many more should have been sent. If you send 1 out of 1000 you still can say you sent 1.

#14 from DesertDoggie at 6:45 pm on Sep 23, 2007

I had very similar experiences as Sgtsgirl with Arlyn and Mark. I worked with the group for about 3 years, donating time, effort, articles and funds. When I started questioning things, I was bascially slandered and ostracized. I went immediately to the AZ Attorney General when my suspicions began, but by the time they acknowledged my inquiry, the McClaughry's had moved to Illinois. (BTW, I did notify AZ of the Illinois case.)

Hindsight is 20/20, but my opinion is that they knew all along what they were doing, and have been running one step ahead of being found out, until Illinois caught up with them. I'm sure they are probably responsible for alot more than what they were found culpable for. I can attest to a few incidents in AZ that IL was aware of, but had no jurisdiction over. (as they referred me back to AZ again. Follow the bouncing ball.)

Also, no OMP supporter/member can say they weren't warned of suspicious activity, a few of us made it quite clear what are concerns were, only to be told that we were "troublemakers".

Our troops and civilians deserved better than to be misled by such unscrupoulous, predatory behavior.

#15 from Kim at 8:45 pm on Oct 11, 2007

Roberta,
Why don't you contact the attorney general or attorney who tried the case to see if she could use a copy of the receipts you have showing you donated for so long to them? Maybe they could use that. Maybe they only had available to them the receipts or records to a certain time back and yours goes back farther?

Does ANYONE know if the IRS is aware of this? Wondering if the money raised was ever claimed on personal taxes as income since they were clearly NOT a registered "charity" to raise funds. If the IRS was not aware before I sure hope they get informed so the taxes on their unreported and unregistered income gets paid. Time for the IRS to take back what was taken from the kind hearted volunteers who were taken in by this scam.

No reason to be fundraising if the volunteers are sending their own packages.

I hear they are now sending out sympathy cards to fallen troops families and asking people to put they got the name from OMP. How pathetic of a way to get and try to keep their name out there.

#16 from Ket at 8:57 am on Nov 27, 2007

I, too, was a member of OMP. I find it odd that Arlene allegedly said that she never "claimed to be a charity," when throughout the years I was a member, her applications for charity-status were always said by her to be under way. In fact, that was one of the main reasons I dropped out. By 2005, after allegedly trying to obtain charity status for a decade -- supposedly with legal assistance over the latest few years, I figured something just must not be right. In addition, anyone who asked any questions about OMP's charity status or financial records was verbally attacked or banned. And, yes, OMP is still sending out e-newsletters and requests for condolence cards. I receive them almost daily.

I do not know Arlene, or anyone else from OMP except in cyberspace. I don't know what her motives or actions were. I just know that by 2005, it was no longer doing the things that I expected of it. I am heartsick that funds sincerely donated for our troops may have been used for other purposes. I'm glad the law finally caught up with her.

#17 from RVNDustoff at 1:15 pm on Jul 22, 2008

While I was participating, OMP gave me the names and addresses of several service members. I sent packages to them directly and the only entity that made any money off that was the USPS. For a while I also donated money to OMP which was supposedly to be used by Arlyn to buy and mail "care packages" to other service members. I'm quite sure Arlyn knew she was running a charity because I had quite a correspondence with her over the course of almost a year about her supposed efforts to get 501©3 registration for OMP. I finally gave up and ended my participation in OMP. I do want to apologize to any other former OMP members for my decision to go quietly and not speak out publicly. My hunch apparently was right and I should have done more to alert others. Sorry. aloha :) ray

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