This article was printed from KeepAndBearArms.com.
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by
Jim March and Nadja Adolf March
15, 2001 For best
printing results, click here for the .pdf
file of this document. (1818K) This page will prove it. They've also violated numerous Federal tax
statutes; investigations in this area are ongoing. They won't be able to
alter Federal tax statements so it should be safe to publish what we have so
far.
Wherever this page links to a website
maintained by one of these orgs, we also "mirror it locally", in
case they start hiding evidence. All of the websites are as the other
side is publishing them as of 3/3/2001. If the other side cuts their
sites completely, some of the "local mirror" graphics may be missing
but in each case, the core of what's going on will be obvious even in that
situation.
Following is what this document contains:
A quick guide to non-profits:
understanding 501(c)(3) and 501(c)(4) organizations Both are "charitable corporations,"
but only the 501(c)(4) is allowed to engage in partisan politics.
501(c)(3)s cannot; they can lobby the legislature only under very limited
circumstances and must stay within their original charter (education,
research, etc).
The advantage to a 501(c)(3) is that
donations are tax deductible. Effectively, the government refunds about
2/5ths or so of a person's donation in the form of tax breaks, depending of
course on their tax bracket.
When 501(c)(3)s fill out a special IRS form
requesting minimal lobbying ability, they probably cannot receive government
subsidies. That's currently something a tax attorney needs to look into.
It's also illegal for a 501(c)(3) to support
a 501(c)(4) political group. And there are technicalities that
complicate situations where a 501(c)(3) engages in wrongful politics, and then
tries to break off a portion of their activities into a 501(c)(4)...as you'll
see, it's very likely a violation in that area occurred.
One thing we know for sure: a government
entity cannot support a 501(c)(4) political organization, and we can prove
that's happening. There appears to be a determined attempt in progress
to hide it, or at least make it less obvious to the hospital and city.
The 501(c)(3) Trauma Foundation has had
office space inside the county-owned-and-run SF General Hospital since 1981.
They started out as burn safety researchers and reform advocates; their first
"big issue" seemed to involve publicizing the dangers of children's
flammable underwear, certainly a high-minded goal. At present, there's
still some burn-related issue material on the main TF website:
TF currently produces "searchable
libraries" of trauma-related information. According to this page,
four out of the five current online libraries are gun-control related:
http://www.tf.org/tf/lib&data/contentl.shtml
This "Libraries" page does mention
their support for the "Million Mom March Foundation", which we'll
get to later. But the TF "accomplishments" and
"history" pages:
�stop at 1996, and barely mention gun
control. Considering the high profile of the MMM, why not talk about it
right here, considering that TF and the MMM share most of the same officers,
the same organizational contact person for serve of process (Eric Gorovitz)
and the same address?
Easy: because the MMM is wildly political,
and they never bothered to tell the GOVERNMENT-run Hospital that they'd turned
into a political organization.
We'll get to that later. For now, let's
talk about fraud by the TF itself.
In 1995, Congressman Bob Barr made a pair of
complaints about improper political activity on the part of Trauma Foundation,
paid for by the Centers for Disease Control, part of the Clinton
administration Department of Health and Human Services. Barr complained
directly to CDC's Director, David Satcher, in a two-page letter you can read
for yourself here: Page
1, Page
2. The juice of the letter is
excerpted below to save your time and cut to the chase:
"I would hope you would be interested in
what appears to be very inappropriate, if not illegal, activity on the part of
one organization who receives taxpayer funds from a CDC grant...The
organization is the Trauma Foundation out of San Francisco...In its Spring
1995 newsletter (vol. II, no. 1) this organization specifically advocates
legislative action opposing or endorsing certain federal legislation and
laws...urges its readers to engage in picketing activities...very likely
illegal...concerned with the integrity of the system that places very
important restrictions on how taxpayer dollars can be spent (eg. not for
lobbying...)...request that these matters be inquired into and appropriate
action taken....please respond...[with] a substantive reply... Bob
Barr."
"I write to bring your attention to a
matter that goes beyond impropriety, and in my judgment crosses the line
into potential illegality. I have written...Director at CDC asking him
to investigate...I consider these activities...very likely illegal...highly
offensive...enclosed [is] a copy of my letter to Director Satcher...I would
officially request that you committee investigate these matters....Bob
Barr." "...have reviewed and determined...was
inappropriate use of funds under the anti-lobbying provisions of Federal
grant guidelines. Consequently, the CDC is disallowing the costs charged to
the CDC grant for the publication of the newsletter. ... CDC is committed to
the appropriate use of federal funds....it is not CDC's intention to promote
an anti-gun agenda."
In 1999, TF launched a new 501(c)(3) devoted
exclusively to gun control: The Bell Campaign. Bell was tied very
tightly into TF, in fact a "help wanted ad" for a Bell financial
administrator currently on the Bell website is highly illuminating:
http://www.thebellcampaign.com/about/jobs/financialdirector.htm It reads in part:
About The Bell Campaign
Employment Opportunities at The Bell
Campaign National Office The Trauma Foundation, located at San
Francisco General Hospital, is a non-profit policy center dedicated to
reducing injuries and deaths due to injuries. Since 1981, the Trauma
Foundation has provided policy leadership at the local, state, and national
levels to prevent injuries related to alcohol, burns, domestic violence,
guns, transportation, the workplace, and youth. In 1999, the Trauma
Foundation assisted in the launching of The Bell Campaign, a national
grassroots organization to prevent gun injury and death, and to support
victims of gun trauma. The Financial Director reports to the Executive
Director and is responsible for all aspects of accounting for the Trauma
Foundation and The Bell Campaign, with total annual operating budgets of
$5.5 million.
We are seeking an individual who enjoys
working for a non-profit and will support the mission of the Trauma
Foundation and The Bell Campaign. Qualifications for this position include:
a minimum of ten years experience in all aspects of accounting; a proven
ability to handle budgeting, financial monitoring, and reporting for
multi-company and diverse funding sources; and a thorough knowledge of
generally accepted accounting principles. Knowledge of, and experience with,
the laws and regulations governing non-profits is highly desirable. Eligible
candidates must also have excellent communication skills, strong leadership
abilities, and a desire to work with a diverse staff in a fast-paced,
cooperative working environment. Persons who are bilingual/bicultural, and
persons of color or with disabilities are strongly encouraged to apply.
That effectively dates the page to sometime after the MMM march on Washington,
DC in
early 2000. According to this, the same highly paid staffer is supposed
to support Trauma Foundation, Bell and the MMM "Foundation" -
they're all the same basic org.
We know that Bob Barr effectively complained
about illegal politics on the part of this mob back in '95. In 1999, the
very first year Bell was chartered, Bell filed a Federal tax form in which
they officially engaged in some limited lobbying. Click
here to see the actual form they filed. First problem, once Bell went even slightly political it probably became
illegal for San Francisco to support 'em. Which explains why TF never
explained Bell's (or the MMM's) existence to the hospital.
Second, Bell was one of the major forces
behind the actual "million mom" march on DC early in 2000.
They handled the logistics, printed up flyers and posters, arranged
transportation, the works. I don't yet know the exact limits on
political spending by a 501(c)(3) but odds are, Bell blew through the donation
limits allowed by the above form in early 2000 like a deer rifle slug through
a rabbit.
That led to the formation of two successor
orgs to the Bell Campaign: the MMM Foundation tried to maintain their
501(c)(3) status as an "educational" foundation, and the MMM itself
went to 501(c)(4). From the MMM website at: Who: We are a national grassroots,
chapter-based organization dedicated to preventing gun death and injury and
supporting victims and survivors of gun trauma. We are concerned community
members. We have lost a loved one, survived an injury, or recognized that no
one is immune to our national epidemic of gun death and injury. Like the
majority of Americans, we favor stronger gun laws to protect our communities
from gun-related trauma. We have come together to save lives by working for
the adoption of stronger gun laws and to offer compassionate support to the
victims and survivors of gun trauma.
What: In May 1999, The Bell Campaign, a 501
(c) 3 non-profit organization, was created to accomplish the mission stated
above. The Bell Campaign became the fiscal sponsor of the Million Mom March
and worked with its founder, Donna Dees-Thomases, to implement this
enormously successful event, held on May 14, 2000, which launched a powerful
movement for sensible gun laws in America. On May 18, 2000, Donna and the
other members of Board of Directors voted to re-name the organization the
"Million Mom March Foundation."
The Million Mom March Foundation focuses on
education and advocacy through grassroots activity across the country. Our
primary national policy goal is to establish a system of licensing and
registration for all handguns. We are working for safer communities by
calling for strict oversight of the gun industry and responsible limits on
gun access and use. A new 501 (c)4 lobbying organization, called the
"Million Mom March," also was established so supporters can be
directly involved in the political process and channel their passion into
sustained activism. In addition, over the next three years we are developing
a comprehensive youth-led gun trauma prevention program that will serve as a
model for the nation. They also can't seem to keep their
stories straight!
We know that Bell transitioned into some form
of MMM in May of 2000. And we know that of the two current divisions of
the MMM, it's the 501(c)(4) wing that runs the grassroots organization with
local sub-chapters - the 501(c)(3) "MMM Foundation" could NOT run
the local chapters.
Well in May of 2000, before the "www.millionmommarch.org"
website even existed, Bell put up text describing the changeover - and it does
NOT agree with the later text above:
From: http://www.thebellcampaign.com/mmm/bellbecomesmmm.htm
(local mirror: bellbecomesmmm.html)
The Bell Campaign Becomes The Bell Campaign has one hundred plus chapters around the country that as of
yesterday are now Million Mom March Chapters. The board of directors of The
Bell Campaign voted unanimously to merge the two organizations for the benefit
of the movement. The Bell Campaign's legacy will live on through the bell as a
symbol of freedom from gun trauma. The Bell Campaign's model is providing for
instant structure and organization.
With that said, the Million Mom March is
moving forward as the largest national grassroots organization in this country
working for sensible gun laws.
May 2000
By this time they'd already created the "MMM Foundation", in fact
this graphic is present on this page:
But the "Foundation" doesn't run the grassroots locals chapters.
It can't. According to this, Bell was running the chapters as a
501(c)(3) with limited political abilities via the IRS 5768 form above...and
rolled over into the 501(c)(4) MMM main political org in May of 2000.
This is a radical violation of IRS regulations...and by the time they put up the MMM
page, they realized it and changed stories.
First PRAR Request
On Wednesday, February the 21st of 2001, local
RKBA activist Nadja Adolf and myself hand-delivered a Public Records Act
Request (California state version of the Federal FOIA) to a member of the hospital
administration by the name of Angela Carmen.
PUBLIC RECORDS ACT REQUEST
Dear Angela Carmen,
This is a request for information made
pursuant to the California Public Records Act, James March hereby requests
copies on paper or in electronic form of any sort of the following
information:
1) Details on how much office space is
currently being devoted to the organizations known as "The Bell
Campaign" and/or "The Million Mom March" on property owned by
or managed by SF General Hospital. The number of rooms and approximate
sizes of each will be sufficient, we don't need square inches.
2) A list of all employees, volunteers or
other individuals who have hospital access because of their involvement with
either of the two orgs listed in query #1.
3) A list of all hospital staff who also
work on the staffs of either of the two orgs listed in query #1.
4) Details of any lease agreement with
either of the two orgs listed in query #1.
5) Copies of any documents from either of
the two orgs listed in query #1 that establishes their charitable and/or
tax-exempt status pursuant to 501(c)3 or similar tax codes.
Dated: 2/21/01
James March _____(signed)__
(contact info, email, phone, snail mail address) Angela promptly faxed me her response, dated
February 22, 2001. Click here to read
the letter. Here are the salient points as responses to the above numbered
requests: 1) Trauma Foundation occupies
approximately 7,450 square feet of space. Do not know how much is
occupied by MMM or Bell Campaign. 2) I don't have this information. You
will need to inquire directly with the Foundation. 3) I don't have this information. You
will need to inquire directly with the Foundation. 4) No lease with either organization. 5) I don't have this information.
Please inquire directly with the Foundation. Well isn't that special?
At the time I wrote the PRAR, I didn't know
who TF was. That's OK - the hospital had no clue who Bell or MMM was.
A couple of phone calls to Angela proved
entertaining. She found the MMM website on her own and was quite
surprised to find a ton of politics plus the hospital's mailing address on the
bottom of every page, including the obvious politics such as putting Bush AG
nominee Ashcroft in the "time out corner". (Her inquiries led
to Ashcroft being replaced in said corner by Eddie Eagle, the NRA's youth gun
safety measure described by the mommies as "Joe Camel with
feathers".)
Second PRAR Request
I felt that a follow-up PRAR was in order.
So my second attempt was as follows:
PUBLIC RECORDS ACT REQUEST
Dear Angela Carmen,
This is a request for information made
pursuant to the California Public Records Act, James March, hereby request
copies on paper or in electronic form of any sort of the following
information:
1) Details of any lease or rental agreement
with the organization known as the "Trauma Foundation" or any
other group or charitable organization located on the 3rd floor of building
#1 of your facility. If there are hospital departments on that floor,
please list their names. If space is being given free to the Trauma
Foundation or other non-hospital orgs on that floor, please note that as an
alternative to providing lease/rental details.
2) Copies of any documents from the Trauma
Foundation or any other orgs for which you provide information in query #1
that establishes their charitable and/or tax-exempt status pursuant to
501(c)(3), 501(c)(4) or similar tax codes.
3) Any documents in the hospital's
possession that indicates the purposes that the organization(s) on that
third floor are supposed to be engaged in.
4) The name of the office manager or other
person within the Trauma Foundation who is the hospital's business contact,
and their phone number.
5) The name, title and phone number of the
person within hospital administration whose decision it is to continue
leasing/renting/giving space to the organization(s) on the 3rd floor of
building #1 on your grounds.
Dated: 2/22/01
James March Angela answered promptly, in a letter dated
March 2, 2001. Click here to read the
actual letter. Here are the basic responses to the above numbered requests for
information: 1) There are no other hospital
buildings on the 3rd floor of Building 1. There is no lease agreement
with the Trauma Foundation. At this time, The Trauma Foundation is not
paying rent. 2) We have no such documents. 3) We have no such documents. 4) Eric Gorovitz, Director of Policy,
Trauma Foundation/MMM 415-821-8209 5) Gene O'Connell, Executive
Administrator, San Francisco General Hospital, is the final word in all
hospital business. 415-206-3455. Translation:
"We thought TF was the sole occupant
until you alerted us to trouble, we have no clue what TF is doing in there, we
don't charge 'em rent, and we just found out TF and the MMM are really just
the same group...OOOPS".
Ya, big oops. This hospital is
chronically under funded, one of the busiest in the nation, and they've been
ripped off since at least 1995 and never did the slightest oversight on a
group that turns out to have a budget of $5.5million back in '99 and is able
to pay an accountant $70,000/yr.
Somebody needs to get severely slapped upside
the wallet.
Our primary, initial concern is the rip-off of
a public hospital well-known for charitable works, and equally known for being
chronically under funded. The SF General AIDS program is world-famous as
a model in the field, they've been at "ground zero" of the epidemic
from day one.
This TF/Bell/MMM gang needs to pay back rent
to the hospital, at a minimum. Just how far back may become a matter for
the courts. My initial thoughts are that there's four possible
known dates where the TF/Bell/MMM crew could reasonably be seen as
"starting the fraud":
1) The oldest date would be whenever TF
published the materials that Bob Barr complained to the CDC about in '95.
My source says it was approximately '93. TF published an obvious
grassroots activism pamphlet using a CDC grant. We know which CDC
grant number it was (see also the Barr letters), so we could find out via
FOIA when CDC handed out that money.
2) In 1995, in response to a complaint by
Barr, CDC rescinded grant money already given to TF. They agreed
that TF had spend CDC money on politics. I assume a decent case can be
made that TF should have got the hell out of the hospital at this point?
3) In May of '99, the new Bell Campaign
filed a Federal tax statement 5768, which basically allows a 501(c)(3) to do
limited grassroots and lobbying politics. I believe an even
stronger case can be made that this should have cut them off from free local
gov't support?
4) Finally, in May of 2000 the main
"MMM" went 501(c)(4). An ironclad case can be made that this
should have cut them off from free gov't handouts, but we know from the
previous hospital PRAR responses that the TF/Bell/MMM crowd never told SF
General about this. And above all, KICK 'EM OUT. These con
artists are using the "government hospital address" to enhance their
credibility - and their proven history of fraud, cover-up and conflicting
stories means they cannot be trusted to remove "only the
politics" from the hospital grounds. Only a total eviction will
suffice.
From the MMM's "Mother's Day plans"
page we get their latest plans for rallies at state capitols across the
nation...legislators need to know before then just what kind of crooks these
"mothers" are:
http://millionmommarch.com/chapters/national/whats_new/statehouse/
(MMMDay.html)
Grassroots Muscle of Million Moms to Focus
on the States
Click here to see a list of events.
CONTACT: Paul Bendix, 415-821-8200, Jill
Greenberg , Tommy McDonald 415-255-1946
San Francisco -- February 14, 2001 -
Building on the success of last year�s Mother�s Day event, the Million
Moms will converge on state capitols across the nation, demanding state and
local legislators work towards sensible gun laws. The mothers and others
will be rallying in state capitols and major cities across America on May
13, 2001 calling for common sense gun legislation. On May 14, 2001 they will
be paying a visit to local lawmakers.
�Last Mother�s Day, the Million Mom
March was born, but our work has just begun. In the past year, America has
seen more school shootings, more guns in schools, more workplace carnage and
more gun violence on our streets,� said Mary Leigh Blek, National
President of the Million Mom March. �We believe the way to change
attitudes and laws is to do it at the grassroots level. A march on
Washington calls attention to an issue, but real change begins at home, in
our cities and states.�
Last year�s Mother�s Day events brought
together over 750,000 people on the National Mall in Washington, D.C. and in
73 other cities across the country to call for sensible gun laws to protect
our children. Those efforts marked the turning point in America�s
infatuation with guns. Since that time, the Moms have actively supported
legislation and candidates throughout the country and helped make sensible
gun laws a mainstream issue at the state and local level.
Plans for May 13 include state capitol
rallies from Honolulu to Boston, and events in many towns and cities. Along
with Mother�s Day rallies on the steps of state capitols, Moms will host
bell ringing in memory of those lost to gun trauma, speakers, kids' art,
entertainers, picnics and legislative letter-writing. On Monday, May 14,
Moms will meet with local lawmakers to discuss sensible gun legislation.
Meeting with elected officials, Moms will
discuss proposals to fight the scourge of interstate gun trafficking, repeal
concealed carry laws, mandate trigger locks on handguns and require gun show
background checks.
�The Million Mom March has grown into a
grassroots movement, with over 240 chapters across the country,� said
Andrew McGuire, Executive Director of the Million Mom March. �It provides
a voice for the once silent majority of Americans who no longer want our
nation�s children to grow up in fear of having their lives cut short by
gun violence. �
�This will be a celebration, a
remembrance and a call to action. If you marched last year, do it again,�
said Blek. �If you didn�t, join us this year. We need to cry out in one
loud voice that we love our children more than the gun lobby loves its
guns.�
But the laws didn't change,
and neither did many of the lawmakers. Instead, a strongly anti-gun control
governor was elected president. The euphoria of last year's march is a
distant memory (one of its offshoots, the Million Mom organization, laid off
30 of its 35 employees on Friday) and the gun control movement, despite
far-ranging efforts to match the National Rifle Association in raw political
power, seems to have fallen farther behind."
""We're 10 months
old," said Andrew McGuire, the group's executive director, just before
he was laid off. "The N.R.A. is over 100 years old."
As of 3/13/01, the TF/Bell/MMM
websites were still up but nobody answers their phones.
Well lesseee here. The
hospital found out, circa 2/26/01 due to my queries, that the TF was illegally
supporting hardcore politics on the hospital's dime, without bothering to
inform the hospital.
It appears that the hospital
has served the whole crooked mob the boot...so they dropped a press release to
a friendly reporter in "Billary County" blaming the cutbacks on
politics.
The hospital isn't
talking about what changes are really being made. A follow-up visit
seems in order...stay tuned.
(Note: the "local mirror filenames"
are what we'll link to if the TF/Bell/MMM websites start coming down as part
of the cover-up...for the moment, they're not linked.) Related Reading on the "Million"
Mom March |
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On 3/11/01 the New York
Times published an article on the current state of gun control efforts, and
quotes MMM sources as saying that "30 out of 35 staffers of the MMM are
being laid off as of 3/9/01". The "casualties" include
Andrew McGuire, original founder of TF. Written by James Dao, relevant
bits include:
