The latest infraction by On Guard Services Inc. surrounds complaints in the Upstate, where fund-raisers soliciting on behalf of the Greenville City Police Association Local 2803 failed to identify themselves as professional fund-raisers and falsely promised uniformed officers would pick up donations in person.

State records show that the Greensboro, N.C., company, which raises money for the Fraternal Order of Police Charleston Metropolitan Lodge 5, was cited and fined three other times for similar violations, including telling donors that all of the money collected would go to the charity.

State records show that only about 25 percent of the money raised actually goes to the charity.

"Secretary of State Mark Hammond is extremely concerned that we are consistently having the same complaints from South Carolina consumers about On Guard Services' misrepresentations made in solicitation campaigns," said Neil Rashley, deputy secretary of state and general counsel. "Our office intends to vigorously enforce the law."

A woman who answered the phone in On Guard Service's Greensboro office Wednesday referred comments to Columbia attorney Jonathan Harvey. Harvey did not immediately return a call for comment.

State law sets strict guidelines on the roughly 90 telemarketing firms that operate in South Carolina. Under those laws, telemarketers must identify themselves as professional fund-raisers and are prohibited from making misrepresentations about money raised.

Since beginning work in South Carolina in 1998, state records show On Guard Services has raised about $2.1 million based on 42 different contracts with various charitable organizations. On Guard Services has kept about $1.5 million of that money.

State regulators first fined the company $18,000 in May 2002 after getting complaints from consumers about telemarketers misrepresenting themselves. That was followed by a $28,000 fine four months later. On Guard Services agreed in 2003 to pay a reduced fine of $22,500, and the company owner signed an agreement vowing to abide by state solicitation laws.

During that same time, however, state regulators again began receiving complaints, resulting in a $10,000 fine in January. On June 29, after getting more than a dozen complaints in the Greenville area, the secretary of state's office filed the injunction. A judge has yet to rule.David Fair, president of the Fraternal Order of Police Charleston Metropolitan Lodge 5, said his organization has used On Guard Services for about two years. During that time, he said the agency raised money that helped publish 5,000 copies of a book on drug and gang awareness that his organization distributed to schools and libraries.

Fair said Wednesday that his organization, which survives off membership dues and fund raising, received about $30,000 last year through On Guard Services. Two other local chapters, he said, also received $30,000 each.

In addition to the Charleston Metropolitan Lodge 5, state records show On Guard Services has had contracts with the Fraternal Order of Police Tri-County Lodge 3 and the Berkeley County Lodge 19.

"We discourage anything that would lead to any possible appearance of improprieties," said Fair. "We don't tolerate any."

Local law enforcement officials interviewed Wednesday also said they hoped problems with On Guard Services would not damage the image of police organizations, which play a vital role in helping the families of injured officers. Deputy Police Chief Arthur Smalls of the North Charleston Police Department applauded the state for protecting consumers.

"Something like that could tarnish law enforcement for a long time to come," Smalls said. "We don't need that."

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