TOUGHER CHARITY FRAUD
BILL PASSED
Secretary of State Jim Miles (R) led a bipartisan news conference
today with Senator Phil Leventis (D-Sumter), Senator Joe Wilson (R-Lexington),
and members of the House and Senate to announce the passage of the Solicitation
of Charitable Funds Act. According to Secretary Miles, the new Charitable
Funds Act “strengthens our charitable solicitation laws and enables our office
to enforce tougher penalties on those who break these laws.”
The new law increases sanctions and provides for a felony offense for second and
subsequent offenses punishable by up to five years and/or $10,000. The bill also
bars anyone convicted of violating these laws from registering as a professional
solicitor for at least five years.
Miles said the new law also will give his office the authority to audit
charities, solicitors, and fundraisers, in addition to their investigative
authority, “which will assist us in tracking and stopping embezzlement and the
illegal disbursement of funds.”
In addition, the Secretary of State can now assess a fine up to $2000 to an
individual or organization for each separate violation. Registration disclosures
for professional solicitors and charities have been heightened, including the
disclosure of prior criminal convictions. In addition, commercial co-ventures
are now defined and subjected to disclosure.
“Why is this law so important? It’s important because South Carolinians are
hard working and generous---and they should be protected from criminals who hide
behind a charitable cause to part our citizens from their hard-earned money.
Secondly, it’s important because it allows us to do more to put these crooks
out of business, so that the good charities in our state can raise the money
they need for worthy causes,” Miles added.
Senator Phil Leventis, Senator Joe Wilson, Senator Larry Grooms, Rep. Floyd
Breeland, Rep. Olin Phillips, Rep. Bill Riser, and Rep. Adam Taylor joined Miles
for the news conference.