Saturday, September 16, 2023

AG Ferguson files lawsuit against founder of Vancouver charity for misusing more than $1.2 million meant to serve BIPOC communities.

 

Link Source: https://www.atg.wa.gov/news/news-releases/ag-ferguson-files-lawsuit-against-founder-vancouver-charity-misusing-more-12

Founder Ophelia Noble misappropriated nearly $1 million for her own businesses, family and friends


VANCOUVER — Attorney General Bob Ferguson today announced a lawsuit against Vancouver nonprofit Noble Foundation and its founder and executive director, Ophelia Noble, along with foundation directors, and Noble’s family and friends. Ferguson asserts since 2019, Noble misappropriated or failed to account for $1 million in charitable grants the foundation received to serve communities of color in southwest Washington. 


In a lawsuit filed in Clark County Superior Court, Ferguson asserts Noble paid herself hundreds of thousands of dollars from foundation funds, used foundation money to buy vehicles for herself and her mother and directed the foundation to buy her father’s house then resell it to her at a deep discount. The lawsuit names Noble, the Noble Foundation, foundation directors Douglas Noble (Noble’s father), Alice Prejean (Noble’s mother), Alyce Noble, Joann Hampton and Virginia Prioleau. 


Noble’s misconduct includes numerous violations of Washington’s Nonprofit Corporation Act, with potential penalties of up to $5,000 per violation. Ferguson will ask the court to order Noble and her co-defendants to return the diverted money so that it can be directed to an organization that can use it for its intended charitable purposes, dissolve the foundation and bar Noble and her other co-defendants from serving on the boards of any Washington nonprofit in the future. 


“Preying on the generosity of Washingtonians is shameful — and unlawful,” Ferguson said. “We will hold those responsible accountable and work to ensure the diverted money is paid back and directed towards its intended purpose: advancing racial equity and serving communities of color.”


Noble Foundation was founded to serve BIPOC communities


Ophelia Noble started The Noble Foundation in 2012 to serve communities of color in Vancouver, Kelso and Longview. 


In 2019, the foundation expanded rapidly, securing hundreds of thousands of dollars from the Washington State Office of Financial Management as part of a state effort to encourage members of undercounted Black, Indigenous and People of Color (BIPOC) communities to register for the 2020 Census.


The foundation continued to grow when the pandemic hit. Operating as Our Place/Nuestra Casa Multicultural Center, the foundation provided emergency rent assistance, cash assistance for general household needs, and community education about the dangers of COVID-19 and the importance of vaccinations. It subsequently secured major contracts with counties and the state to facilitate the Treasury Rent Assistance Program and Eviction Rent Assistance Program, disbursing more than $1.3 million on behalf of Clark County and the Washington State Department of Commerce between 2021 and 2023.


As public attention focused more sharply on racial justice and policing issues, the foundation created Southwest Washington Communities United for Change, a tax-exempt social welfare organization. Southwest purportedly focused on organizing protests and trying to increase participation and political representation for BIPOC communities in Clark and Cowlitz counties. Southwest brought in several hundred thousand dollars from grantors interested in establishing a BIPOC-led political organization serving Southwest Washington.


It appears that most of the public dollars received by the foundation and its related entities were spent properly and not misappropriated. However, large grants from private and community foundations, were not subject to the same level of fiscal controls. The nonprofits raised approximately $1.5 million from such foundations including the Northwest Health Foundation, Social Justice Fund Northwest, the Satterberg Foundation, the Community Foundation for Southwest Washington, Group Health/Inatai Foundation and the Seattle Foundation. 


Misappropriations go back years


Beginning in 2019, Noble used her position as executive director to misappropriate large sums of donated charitable funds from the foundation’s accounts. 


The Attorney General’s investigation revealed that Noble and her family received direct, documented payments or benefits of nearly $1 million. Some examples:


In July 2021, Noble caused the foundation and Southwest to pay her $355,000 in “back pay,” for “contract services” purportedly provided between 2015 and 2021. There is no evidence that any contracts existed, any money was owed, or that these payments were approved by the entities’ boards.

The foundation paid Noble’s consulting company $310,000 for unspecified “executive director services” that were never approved by the board.

$200,000 was either withdrawn from the various foundation entities’ bank accounts without explanation or issued to unknown individuals in the form of cashier’s checks. Only Noble and the directors were authorized signers on these accounts.

In 2020, Noble directed the foundation to purchase her father’s house for approximately $200,000, but she put her name on the deed as well as the foundation’s. The following year, she paid the foundation $100,000 for its interest in the home. When the foundation transferred title to Noble in 2022, the house was worth at least $324,000, meaning Noble gained $224,000 in equity. There is no evidence the foundation’s board reviewed and approved these transactions, which were clearly a conflict of interest for Noble. 

In 2020, Noble used foundation money to purchase a 2019 Nissan Armada, which she used as her personal vehicle. She used foundation funds to make upgrades to the vehicle and cover maintenance and gas. The foundation also purchased a second vehicle, which Noble later transferred to her mother.

Noble, her family, and other directors used foundation money to fund over $65,000 in additional purchases that lack a clear connection to the entities’ charitable purposes, including for gift cards, meals, groceries, gas, travel, cell phones, personal clothing, and even alcohol and cigarettes.

Other charity lawsuits


The Legislature identified the Attorney General’s Office as the agency tasked with enforcing the Nonprofit Corporation, Charitable Solicitations and Charitable Trust Acts. These laws ensure that nonprofits and entities that solicit charitable donations or manage charitable assets follow the laws adopted by the Legislature. These laws ensure that funds intended for charity are not misused.


The Attorney General’s Office has three attorneys who specifically focus on charity cases involving the misuse or misappropriation of funds solicited for a charitable purpose.


Recent enforcement actions include:


A $300,000 judgment against a family that operated a group of sham charities purporting to help cancer patients and vulnerable children but used the donations to enrich themselves.

A $1 million judgment against charities that claimed to help veterans over what a judge ruled was “deceptive” and “abusive” conduct.

A million dollars recovered for a veterans’ nonprofit after its leadership failed to pay wages to its veteran employees. The director used charity funds for her own personal expenses, including gambling at casinos. As a result of the Attorney General’s case, the executive director and board members were removed from the nonprofit and barred from working for any Washington nonprofits in the future.

A $495,000 judgment against two companies that made more than one million robocalls in Washington state for scam charities. The $495,000 payment went to legitimate charities.


 IN OTHER STATE NEWS:

AG Ferguson sues Gator’s Custom Guns for illegal sale, distribution of high-capacity magazines.

KELSO — Attorney General Bob Ferguson filed a consumer protection lawsuit today against Gator’s Custom Guns and its owner, Walter Wentz, for unlawfully selling high-capacity magazines. It is the second lawsuit filed to enforce the ban on sales of magazines with capacity to hold more than 10 rounds of ammunition.--WAAG



Commerce awards $5.6 million for vital community facility and infrastructure projects in five rural counties--WA COMMERCE DEPT.



Settlement reached to ensure access to critical Hanford Site data.

RICHLAND  – 

The Washington state Department of Ecology will regain direct access to critical federal data about the Hanford Site following a settlement agreement announced today with the U.S. Department of Energy. --DOE



Application period open for oil spill equipment grants

Grants can be used for oil spill cleanup tools, training--DOE



Fish and Wildlife Commission made decisions on land transaction and wildlife petitions during Sept. 8 meeting.

OLYMPIA – The Washington Fish and Wildlife Commission met virtually Sept. 8 to host a special hatchery workshop and consider one land transaction and four public wildlife petitions.---WFDW


2) NEWS FROM OUR CONGRESSIONAL DELEGATION


KILMER DELIVERS UPDATE ON INVESTING IN AMERICA AGENDA IN WASHINGTON STATE

WASHINGTON, D.C. – This week, U.S. Representative Derek Kilmer (WA-06), a member of the Regional Leadership Council, delivered remarks on the House Floor highlighting the progress of the Investing in America agenda in Washington state.---PRESS RELEASE


Cantwell Calls for More Resources to Support Journalists Reckoning with Deepfakes & AI-Generated Content

In Commerce subcommittee hearing, Chair Cantwell calls local journalism “the ecosystem that keeps the trust”--PRESS RELEASE



3) WORLD, NATION, & BUSINESS

WORLD:

WFP Head Urges Business Leaders to Develop Smart Innovations in Fight against Hunger, Poverty, at Security Council Debate on Public-Private Partnerships

Against a backdrop of soaring global humanitarian needs fuelled by conflict, climate change and the impact of COVID-19, a new model for collaboration between public and private sector actors is needed to promote international security and tackle humanitarian needs, delegates heard today during the Security Council’s open debate on advancing public-private humanitarian partnerships.--UN PRESS RELEASE



Crimes Committed in Sudan by Rapid Support Forces, Allied Militias Undermining National, Regional, International Stability, Delegate Tells Security Council

An increasingly violent and unstable situation in Sudan demands immediate action, a senior United Nations official warned the Security Council today, as millions are displaced and the country spirals towards a humanitarian catastrophe.--UN PRESS RELEASE



Ambassador Linda Thomas-Greenfield Highlights U.S. Contributions to Advance the Sustainable Development Goals with New Display at USUN--USUN



Imposing Further Sanctions in Response to Russia’s Illegal War Against Ukraine.

" The Department of State is designating 37 entities involved in expanding Russia’s energy production and future export capacity and identifying two related vessels as blocked property.  These designations include entities and individuals involved in the development of key energy projects and associated infrastructure, including Russia’s Arctic LNG 2 liquified natural gas project, as well as entities involved in the procurement of materials and advanced technology for future energy projects for which Russia has historically relied on foreign service companies’ expertise and technology." ---US STATE DEPT.



U.S. Resumes ISR Flight Operations in Niger.

In Niger, the United States has resumed the flying of intelligence, surveillance and reconnaissance missions as part of its force protection efforts.--DOD



NATION

DOD Seeks to Bring Home WWII Bomber Crew Lost Over Germany.

Bringing home the remains of those missing in action is America's sacred duty, said Army Capt. Jordan Smith.---DOD


Pharmacist Convicted for Conspiring to Unlawfully Dispense Over 100,000 Opioid Pills.

A federal jury in Houston convicted a Texas pharmacist yesterday for her role in a pill-mill pharmacy that unlawfully dispensed over 100,000 opioid pills in exchange for cash.--DOJ


U.S. Department of Education’s Office for Civil Rights Reaches Agreement to Resolve Sex Discrimination and Harassment Investigation of Nash County Public Schools in North Carolina--US DEPT. of EDUCATION


HHS Launches Bridge Access Program to Safeguard Free COVID-19 Vaccination for Uninsured and Underinsured Adults--CDC


HUD Awards $8.6 Million to Provide Rental Assistance to Native American Veterans Experiencing Homelessness

WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) awarded today 29 Tribal HUD-Veterans Affairs Supportive Housing (Tribal HUD-VASH) renewal awards, totaling $8,588,580, to provide rental assistance and supportive services to Native American Veterans experiencing or at risk of homelessness. --HUD


BUSINESS


Opening Remarks by Secretary of the Treasury Janet L. Yellen at the Second Annual CFIUS Conference--US TREASURY DEPT.


Western Union Remission Fund Distributes Approximately $40M to Victims in the United States and Abroad.

The Justice Department today announced that the Western Union Remission Fund began a distribution of approximately $40 million in funds forfeited to the United States from the Western Union Company (Western Union) to approximately 25,000 victims located in the United States and abroad. These victims stand to recover the full amount of their losses.--DOJ


Red flags for Employee Retention Credit claims; IRS reminds businesses to watch out for warning signs of aggressive promotion that can mislead people into making improper ERC claims--IRS



Biden-Harris Administration Invests $1 Billion for Nearly 400 Projects to Expand Access to Trees and Green Spaces in Communities and Neighborhoods Nationwide through Investing in America Agenda--USDA


UAW Strike: What to Know

The strike will have far reaching negative consequences for the American workers directly employed by the Detroit Three, their suppliers and dealers, as well as the thousands of small businesses and families whose livelihoods will also be put at risk.--US CHAMBER OF COMMERCE

IN FOCUS & LOCAL MEETINGS FOR 9/16/23

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